St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-07-10
IT SPLIT ON A ROCK.
The Famous Prentice Suit At
tracing Attention in the
u. S. Court.
Justice Miller Lays Down
Rules Of Practice for the
Attorneys.
The Holden Case Will Now Go
to the u. S. Supreme
Court.
A Possibility That the Mur-
derUr May Yet Escape
Hanging.

Interest in the Prentice case, on trial
In the United States circuit court, con-
tinued undated yesterday. John M.
Gilman was put OH the stand for the de-
PENDANTS. He testified that in 1858 he
bought half interest in the lands now
occupied by the defendants for $500,
and subsequently paid 81, 900 for a fourth
interest. He had not heard that Prem
tice claimed an interest until 1872. That
was after the land grants by congress
to what is now the Northern Pacific
road. He and few others used their
efforts to have railroad built to Du-
luth. knowing that it would increase
the value of land. He said he had not
been to Duluth, and knew but little OF
it until about the time he bought the
land.
Judge Miller remarked that the first
he heard of Duluth was at the
time of Proctor Knott'S speech.
Mr.. Root, of New York. laughingly
said that was his case. The defense
stated that all its evidence was in. The
attorneys for Prentice put William
Whitside on the stand to prove that he
was with Benjamin Armstrong In the
vicinity of Duluth at the time of the In
dian treaty and that Armstrong; eye
sight was impaired the following win
ter. Mr.. Prentice was put on the wit
ness stand. He identified the original
deed from Armstrong to him dated III
1856. Mr.. Root asked several questions
about a reference to rock III CONVEX
Satlon with Armstrong, to which ObJec-
tions were made. Judge Miller asked
the question in form suitable to the
court Mi. Prentice, after considerable
argument and a series of questions,
stated that he had a conversation while
the deed was being written in which
rock or stone was mentioned as the
starting point in the description. He
sisted that he objected to the descrip-
ton and asked that memorandum
made by him be inserted in the
deed. Upon permission by the court
the witness read from the deed as fol-
lows: beginning at large rock or
stone at the head of st. Louis river bay
near Minnesota point; thence east one
mile; thence north one mile: thence
west one mile; thence south to the be-
ginning" He then said: 81 added,
being the land set off to the Indian chief
Buffalo at the treaty of 1854, and after
ward conveyed by Buffalo to Armstrong
by deed recorded"
TIC q
motion to strike out certain testimony.
Judge Miller said: you may except.
/ don't know such thing in law as
strike out in such a case" Gen. Cole
remarked: The court makes an order
to strike out"
Judge Miller-I think that is nom
sense. If you strike out matter objected
to you will never get to the supreme
court. The rule is to object and ex-
cept.
The lecture of the court seemed
to- enlighten the attorneys and
they good-naturedly admitted that
the advice was well given.
Mr.. Prentice said he did not know of
rock called "Buffalo's rock" until the
deed was partly written. A series OF
questions was asked relative to the To-
cation of the rock mentioned, which
were objected to after Judge Miller
volunteered the statement that he did
not regard the testimony as proper.
The objections being then made were
sustained, and Prentice's attorneys eX-
copied to the rulings of the court.
An interesting discussion arose be-
tween the court and Attorney Root as
to whether man standing at Minnesota
point was Oh both the east and west
shore of the lake, which was the cause
of muctfRmuSement.
After the introduction of map show
ing tine lands in question and some adj
ditional correspondence from the land
office, the testimony was declared to be
all presented.
MIR. Root, of New York, opened the
argument on behalf of Prentice. He
was followed by Gen. Cole on behalf of
the defense. An adjournment was
taken shortly after 2 p. m. until this
morning, when the oral argument will
be continued and briefs filed.