St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-03-20
FOR NOMINAL DAMAGE
The Old Trouble Over a Thea
ter Site Comes Up in the
Courts.
Judge Kerr Finally Gets a
Tether on an Aggressive
Lawyer.
An Exaggerated Story Of Lep-
rosy Finally Boiled to the
Truth.
Ideas Of the Australian Law
Formulated by the Citi-
zens' League.

The case of Fulton against Murray,
tried in Judge Kerr's court yesterday,
attracted considerable attention. The
defendant was the old Democratic war
horse, William Pitt Murray, and the
suit was to recover go, 900 OH account of
an alleged breach OF contract. Fulton
was the chief mogul of all association
known as the Twin City Opera House
company. which reigned for something
like three weeks during the exciting
period when opera houses, academies of
music and theaterS of every conceivable
variety were being erected ION paper.
This association got its eye Oh piece
of property on Seventh street, opposite
the dime museum, belonging to Mr..
Murray, and approached that gen
ing the same for period
of ninety. nine years. The terms
proposed were apparently satisfactory to
Mr. Murray. and contract was drawn
up embracing the proposition of the
company i'll question. Then followed
number of leases, some half-doZen in
number, made by Mr.. Murray, or under
his direction. These were submitted
to the representative of the company,
Mr.. Fulton, who refused to accept the
same because of some defect or other
contained therein. 1t appears that a
satisfactory lease was finally drawn,
but in the confusion resulting from the
number of these documents which were
sprung at various times, this last lease
never found it's Way into the safe of the
Twin City Opera company. A law suit
was the result. Mr.. Fulton claimed
that demand was made for the last
mentioned lease; Mr.. Murray, on
the other hand, contended that
no such demand was ever made,
and that he was always ready and will
ing to live up to the terms of the con-
tract. Before the counsel began their
arguments to the jury yesterday, Judge
Kerr rnled that the plaintiff could only
recover nominal damages, according to
the pleading and evidence as adduced,
and the only question to be decided was
Whather or not the defendants were in
default. Thus, in one brief moment,
the $25, 1000 damages had Shrunk to the
munificent SUN of six cents. and the at
tOrney for the plaintiff looked very tired
when the court made the above ruling.
Who was the plaintiffs attorney?
This was asked by nearly everybody
who dropped into the court during the
trial. He was evidently stranger, as
no one appeared to know MIN. Some
body remarked that his name was
Kelly. and that he hailed from
Ohio. He is small man with
thick irOn-gray hair and beard, and
with a most eXasperatingly deliberate
way Of putting his questions to the wit
neSses. Several times during the trial
Judge Kerr had u.'casiOn to urge MI.
Kelly to proceed at swifter gait.
When Mr.. Horn had finished addressing
Kelly's turn at the bat. and, as he nod
ded to the court, MAY it please your
honor" there was blood in his eye.
Fran the tenor of his remarks to the
jury it was evident that he was nettled
at the courts decision restricting the
jury to find only nominal damages.
All went well, however, until he came
to discuss the injury to the plaintiffs
feelings caused by the defendants ac-
ton in refusing to deliver lease.
He was about to enter into
discussion of this question
when he was interrupted by
the court, who warned him that the
question of damages could not be dis
cussed before the jury, as he had al
ready ruled upon that point. Mr.. Kelly
paused and stated that he did not de-
sire to trench on the rulings of the
court, but thought it was not proper for
the court to hedge counsel in his argu-
ment. At this Judge Kerr waXed warm.
and informed Kelly that he wanted to
hear no more of his (Kelly's) imperti-
nence. Kelly then said that he had no
desire to cast airy reflections on his
honor, and if he had done so unwit-
tinply he desired TO EXPRESS his aDOlO-
gies. The counsel then proceeded with
his remarks, but after few moments
began again, by sight thrust and inu-
endo, to assail the ruling of the court.
Judge Kerr stood the racket for time,
but was again obliged to call Kelly to
account.
'You have been rejecting on my rul-
ing ever since you opened your argu-
ment, SIR" said the court angrily, land
| do not intend to tolerate any more of
it. Mr.. Reporter, take down every
word that Mr.. Kelly says during the re-
mainder of his argument"
"Am | to understand, then, that |
cannot procced?' inquired Mr.. Kelly.
''Yod can, sir" said the court. $50
long as your remarks are to the issues of
the case, and not directed against the
court and his rulings"
"Your honor" said Mr.. Kelly, II had
no desire to implnge on your rulings. l
have been too long in practice to be dis
courteous or unfair to the court. If l
have been guilty of any improperly
desire to express my humble apology"
II hat is certainly fair enough, Mr..
Kelly. Go ahead with your argument"
answered the court.
And Mr.. Kelly went ahead.