St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-04-21

suits Yesterday morning drew qulte HUE
crowd of spectators, and the rather small
room on second floor of Harmonic building
was intentionally filed when the learned
counsel. litigants and witnesses had taken
their seats. Court opened at 10 o'clock,
with Judges Koon and Young on the bench,
or rather behind the table, for the temporary
court room does not afford bench. There
are
TWO SUITS,
one in which w S. King is plaintiff, and
the other in which Caroline NJ. King is
plaintiff. The first point Of issue was as
TO whether the actions should be tried
Jointly or separately. The court decided
that each case should be tried by ITSELF and
Hon. Z. NJ. Wilson, for the plaintiff, began
to read the complaint in the suit OF Caroline
NJ. King vs.. Philo Remington, COlOline a.
Remington. Robert S. lines, Louis +.
Menage, Amanda a. Menage and William
S. King. Mr. Wilson read rapidly for over
an hour. when he was relieved by j. =. At
water, who continued, reading also the de-
PENDANTS answer. At noon court adjourned
until O'Clock, when the case was resumed
and Col Ripley began the statement for the
plaintiff.
He spoke rapidly, and touched upon the
important points as briefly as possible but
80 complicated is the case, and so intricate
the web Of minutie, that after speaking
three hours he was only partially through,
and when asked by the court at ) o'clock
said he should require at least an hour and
half more, whereupOn adjournment was
taken until Wednesday at 10 a. III.
1t is difficult TO give even an outline of the
speakers remarks which will convey an III
telligent idea as to what the case really in
wolves, and the following is only brief
statement which gives some Of the main
facts Of the issue as presented by Mr..
Ripley.
There are. he said two distinct features
of Mrs. Kings case, one having to do with
her rights and the amount to which she Is
entitled the other as to the methods Of re-
covery. and it will be only attempted to
follow out the claims Of Col. King, the
principal plaintiff. from which she should
be reimbursed A long description of the
circumstances leading TO the transfer OF the
King property to Mr.. Remington then fol-
lowed, which briefly summarized is that in
1872 and 70 Col. King was possessed of
enormous realty holdings, includ-
ing 1900 acres i'll Meeker county
known as the lakewood farm, 1,400
acres within the city limits Of
Minneapolis; also three of the most valuable
tcn-acre tracts in Minneapolis, to wit: One
tract in front of W. ID. Washburn's man
sion: another where j. W. Johnson is now
building fine residence, and a third across
NicOllet avenue, known as the Mendenhall
place He also owned block Ill
Bradford d Lewis addition. lying adjacent
to the Manitoba depot on Washington ave
nue. north. He settled upon Mrs. King
nd hn
near the Manitoba depot. Also certain stock
in the Pioneer Press, which was placed III
the hands of David Blalely in trust for Mrs.
King. In the next year, 1875, Mr.. King
BECAME SERIOUSLY EMBARRASSED
and went to Col. Remington, an old friend,
and applied to him for a loan. The favor
asked was reciprocal, for a few years prior,
when that great concern in New York in
which Mr.. Remington is interested was in
VOWED. Col. King went to the rescue and it
was through his efforts that the institution
was saved. Mr.. Remington acceded and
agreed to loan sufficient funds provided am
ple security could be given. \ description
was asked for and given, abstracts fur
nished. and the lands examined by Remng-
TONS agents. including Mrs. Kings prop
erty. MI Remington did not desire mort
gaze. dreading the delay which foreclosure
proceedings might occasion in ease he should
need-mouey suddenly, and asked that the
property be placed in his hands in trust
with an arrangement 10y which the property
could be sold from time to time and he in
this way be reimbursed for the money adj
vanced 1t was one friend borrowing
money from a trusted friend and placing
HIMSELF ABSOLUTELY IN TIE POWER
of that friend June -, 1878, this agree
ment was executed whereby all of Mr.. and
Mrs Kings property was transferred to
Philo Remington, with power to either
party to sell the property for reimbursing
him. This agreement was made for the
purpose of saving this magnificent property
to Col. King and his wife from the sacrifice
of it during stringent times by forced sale
II amounted 10 an assignment for
col. KINGS BENEFIT.
Remington was restricted by the stipulation
that his acts were to be approved by Amos
II. Prescott. a mutual friend, but King was
absolutely unrestricted, and could have if
he had chosen to have been dishonest. dis
posed of the property in such way as to
prevent Remington from being reimbursed.
But, ON the contrary. he went TO work with
his characteristic industry and determina-
ton 10 pay the money back. and with such
SUCCESS llldl ~ JIM. 81. 1872, 1 llllu lNtui-
mgtun had been enormously overpaid.
After examining the subject matter of the
trust at considerable length. Col. Ripley re-
fcrred To 4 branch of 4 secret contract be-
tween luueS and Remington which was
fraudulent and coIlusive and enabled the
former to sell the property and ON the same
day become one of the purchasers, without
the payment of dollar which went to the
benefit of the Kings.
At this point the ease was adjourned over
10 Wednesday morning. rs to-day will be
devoted 10 setting cases on the general term
calendar.
THE PROPERTY INVOLVED
I'm the two suits is worth over a cool million
and 4 quarter of dollars. the property which
MIS- King seeks to recover being worth n
present about third of that amount. Ii i,
expected that the suits will occupy the at
tcntion of the court for at least month.
and perhaps longer. Col. King, the plain
tiff. Is surveyor of logs and lumber of Min
neS0tl, an eN-c0ngrcSSman and one of the
leading citizens of the state and city in
which he lives. The principal defendant,
PhilO Remington, son of the inventor OF
the famous Remington rifle, is ut the
head OF the great mandatory Of firearms
al lion. y. Y. The remaining defend
ants have acted rs his agents in diSpoSiug
OF the property.
THE Legal. LIGHTS.
The counsel for the plaintiff consists of
Wilson Il Lawrence, Atwater X Hill and
Col Ripley of this city, Hon. John Van
Voorhees, of Rochester, y. y: Napoleau
/. Bryant of Boston. For the defend
ants: Ex-senator Francis Kenau of New
York, Shaw X Cray, \. l.. Levi and J. Z.
Miner Of this city.
PACIFIC BUTCHERS.