The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1888-01-05

dispense.
DISTRICT CoURr-The village had pro-
vided an excellent courtroom in the
Grand Army Hall, under direction of de-
putty sheriff Doty's superintendent. A
substantial railing was erected, bisecting
the hall from east to west, and within
this were two jury boxes, the bench,
clerks desk, witness stand and plenty of
table room for the attorneys. Outside
the railing abundant accommodations
were prepared for spectators, and the
room has not been without liberal
sprinlling of them since court began. A
trial possesses peculiar fascination for
the average citizen, comparable only to
the interest in the result of a lottery
drawing.
Court convened at 2 P. NJ, on Mon
day last, pursuant to order of adjourn
ment, with Judge D. B. Searle on the
bench; A. L. Cramb, clerk; H. S. Doty and
]. M. Sullivan, deputy sheriffs, and Vim.
Russell, stenographer. The following
jurors were present, and responded to
their names:
Webster Benner, Joseph Zeis, M. B. Mil
Ter, Frank Hall, John Schaefer, John
Kempier, John Tenvoorde, James H.
Boylan, Casper c. Crever, Henry Chesney,
Geo. Engelhard, John Goodspeed, David
Goodner, c. H. Gray, John Grein, Peter
Palm, Herman Mede, Frank Rass, John
Spath, ST., S. 1. Shepard, Frank A. Sven
son, Rich Upchurch, Jos. Whittemore,
Math. Waggoner, VIM. Scherfhus.
The calendar was called and the cases
fixed for trial. By order of the court Mat
Shiefer was appointed special deputy
sheriff for the adjourned term.
Henry Diebel VS.. Jacob Diederich, Jost
Schaefer, D. c. VanCamp and Rudolph
Wagner. Argued and submitted.
N. Johnson VS.. O. r. and Rasmus
Danielson. Continued by consent. An
adjournment was taken to 9 A. M, on
Tuesday.
Court commenced at appointed hour.
Albert M. Stiles VS.. school district No.
65, in the county of Stearns. Motion to
amend complaint argued by ]. c. Foster
and A. Barto. The motion was granted
and the case continued for trial at the
June term.
Frederick Helmer VS.. Henry Diebel.
Judgment ordered on stipulation for the
amount claimed in the complaint. Stay
of execution for thirty days granted.
VIM. Banholzer VS.. Henry Diebel. Dis
l. missed by plaintiff without prejudice.
Estey & Camp VS.. c. c. Cooper, M. G.
Cooper and ]. L. Robbins. Tried by jury
The inry was instructed to find judgment
for plaintiff for amount of contract note
with interest at ten per cent. Verdict
: accordingly rendered for $3.50. A stay
of thirty days was granted.
Estey & Camp VS.. c. E. White and ]
: L. Robbins. Judgment entered by stipu
, lation for amount of contract, under con
: ditions of the above case, and stay
: granted.
I Daniel c, Wolf VS. Thomas w. Brown
/ an appeal case from the justice court
1 Tried by jury and a verdict rendered TO
e plaintiff for $97.2S.
\ Alex. Moore VS.. Northern Pacific rail
road Co.-Continued at request of plain
s tiff. No appearance by defendant.
). In the afternoon the case ofNelson Hoo
d pie VS.. the St. Paul, Minneapolis ant
e Manitoba railroad was tried. This wa
a a case of more than ordinary interest AM
# Importance, not so much from the amour
t involved, as for the nice points in law
e The facts are, briefly, these; In 1885 MI
S Hoople shipped 600 bushels Of wheat t.
= Duluth in a car of the Manitoba road
It and when it reached its destination a
r Duluth the car contained but 400 bushel:
v and the plaintiff sued the road for til
It loss. The case was admirably tried b
lie Messrs. Storey and Foster for the plair
le tiff, and by Rarto s. Barto for the d.
,e fendant. After taking the testimony fc
It the plaintiff, establishing the facts, til
If defendant moved to dismiss the case, o
e the ground that, under decisions of OF
d own supreme court, it had not bee
II shown that the Manitoba road was tt
J. proper defendant; but On the contrary,
g was to be presumed that the damage, c
ie loss, occurred after the car left the d
" fendant's line and was transferred t
Is the St. Paul and Duluth road. the deci
y. ions upon which the motion to dismis
y, was made, were very carefully gone owe
ID by the court, who felt constrained t