Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1889-04-11
FELL GETS DAMAGES.
The Jury in his Case Against the
E- N. F. Awards HIM 5000
Damages.
The Incoming Of the New and the
Outgoing Of the Old City
Administration.
Good Words for the Asylum-CaE'
fornla Boomers and Their
y Willy Ways.
District Court Notes.


The attorneys arguments in the action
brought by Elwood H. Fell against the
Northern Pacific Railroad company for
$4,000 damages, occupied the whole of
the session on Monday afternoon. At
the evening session the judge instructed
the jury on the points of law in the case
and the case was given to the jury about
eight o'clock, with instructions to render
sealed verdict. They finally agreed at
three o'clock this morning, returning a
verdict for the plaintiff for $500. The
case will be appealed by the railroad
company.
The plaintiff in this case is carpenter
who purchased ticket at Eldridge for
Jamestown, of the agent there on the
26th of last July. He was informed by
the agent that he could ride on freight
train No. l6, and boarded the train, but
was put off by the conductor about 100
yards from the depot while the train was
moving. The plaintiff was already suf-
fering from hernia, and in consequence
of his election from the train he was
obliged to stay away from work for
about three weeks, although he did not
call doctor. For this loss of time and
the mental anguish caused by being put
off the train he sues the railroad COM
pany for $1,000.
1t appears from the evidence that this
oil fN
carry passengers, but on that day, orders
were issued from Jamestown to allow it
to do so. This order was known to the
agent at Eldridge, but not to the con-
ductor on the train, who thought ne was
doing his duty in refusing to let the
| plaintiff ride thereon. The judge in
structed the jury that it was the duty OF
s,.ae railroad company to have so Informed
I'ylt0 ED Chi,5 they were Liable 1or III :
injury which the plaintiff had sustained
from their failure to do so. He also IN
structed them that they could render a
verdict for exemplary damages, as well
as the actual loss sustained, though they
must keep within reasonable amount.
On Tuesday morning in the action OF
John =. Holiday VS.. Horace q. Ander-
son; this case Will be continued over the
term upon the payment of $40 by the
plaintiff to the defendant within ten
days. Should the same not be paid with
in that time the case will be thereupon
dismissed
The case of David Curtin, ct. al, VS.. F.
H. Chapman, ct. al, was called and jury
impaneled just before noon recess. Plan
tiffs sues defendants for Sl54 for goods,
wares and merchandise furnished defend
ants. Defendants admit this indebted
ness, but put in a counter claim for such
an amount as still leaves the sum of $9S
due defendants. The trial of this case
will consume the entire afternoon.
The session on Tuesday afternoon was
occupied in hearing the evidence and
arguments in the case of David Curtin
ct. al. VS.. F. H. Chapman ct. al, in which
jury was empaneled just before the
noon recess. The case was given to the
Jury at four o'clock with instructions to
return a sealed verdict. The jury re-
turned verdict for the plaintiffs for ST..
The court grated a stay of execution for
sixty days to allow the plaintiffs to ap-
peal. S. l.. Glaspel and Mcmillan &
FRYE are the attorneys in the case.
The whole of the morning session on
Wednesday was taken up in the trial of
the Indictment for felony returned by
the grand jury against Chas. O. Francis
of Spiritwood, for obtaining goods under
false pretences. johnson Nlckeus is at
torney for the territory and S. l.. Glas-
pel for the defendant. A jury was i'm
paneled without much difficulty.
The prosecution in this case attempts
to show that about May 22nd of last year
the defendant, who was then farming
some land at Spiritwood in this county,
was running store account with Eagan
& Gleason, merchants Of that place. The
prosecuting witness testified that about
that date they decided not to supply the
defendant with any more goods, unless
for cash or proper security. They in
formed the defendant of this decision
and he told them that he was then
putting in 60 acres of wheat and 500 acres
of flax, which crop belonged to him and
was free from incumbrance, and he
promised as soon as the crop was all in
the ground to either put Il chattle mort
gage on the crop and pay them the
money in settlement of their account, or
to give them first mortgage on the crop
in their favor. On June 1st Eagan II
Gleason rendered him an account up to
date in accordance with their usual prac-
tice and they claim that he then repeat.
I ed in substance what he had promised
before. As a matter of fact he did exc
cute what purported to be first mort,
gage on the crop, but not until he had
already put an encumbrance on the crop
by giving mortgage to another party.
The case5will probably turn on ths