The Dickinson press., 1891-10-10
District Court.

Tuesday afternoon at 2 O'Clock
Judge Winchester called for the usu-
al order of business in opening court
at the court house. r. NJ. futile was
present as official st%enographer and
the visiting attorneys were, ex-Judge
Francis and N. F. Boucher, of Bis
marck, and E. c. Rice. of Mandan.
The first cases of any importance
and Interest were, the state, ex rel
etc., VS.. L. d. Kidder ct al, and state,
eN rel etc. VS.. G. II. klincfelter ct al.
States Attorney Bates was assisted
in the prosecution of these cases by
N. +. Boucher and l.. A. Simpson, as
junior attorney, appeared for defend
ants. These were the injunction
cases which where started last July,
and on motion of defendants attorney
they We're continued on the payment
of costs in each case which made an
average of a little less than 800.
The Thos. Oukrop, ST., VS.. the
Northern Pacific Company case came
up next. This was a case in which it
was alleged the N. p, by negligence,
caused fire to be set on their right.of
way which spread rapidly in the
direction of Mr.. Oukrop's farm pro-
perty about six miles northwest Of
Dickinson and destroyed his build.
ings, five head of valuable horses,
other cattle etc. The company had
fought the case since the fall of 1889,
when it occurred, which was u severe
condition of affairs for plaintiff mas.
much as all of his property had been
destroyed and lie was left without Il
dollar. w. H. Francis defended in
this cast and N. F. Boucher con.
Quoted the procution.
H. L. Dickinson, b. F. Fowler,
Thos. Oukrop, Jr., G. S. Langdon,
Dan Brew and Jack Hanley put in
positive evidence for the plaintiff
that could not be broken or twisted
by anything the defendants tried to
prove. 1t was a clear case and testi.
fed to by men who knew what they
were talking about. The case was
called on Wednesday morning and
at Is minutes of three O'Clock Thurs
day afternoon the jury had received
an impartial charge from the Judge
and were filed out of the court room
into a side room to make up verdict.
In a little over an hour they re.
turned bringing i'll Il verdict against
defendant for $l604.55, with interest
at seven per cent. from April 5, 1889.
which made a total of 1854 in favor
of Mr.. Oukrop. The N. 2. was given
a stay of go days in which to make an
appeal, but to date there has been
no move made for an appeal.
H.R. Lyon VS.. Jerry Hayes, grow
ing out Of the Wilke.F enno trouble,
was settled by mutual consent, plain
tiff paying off a judgement of $87 and
costs. e. G. Rice appeared for Mr..
Lyon and H. w. Bates for MI. Hayes.
This means that the Wilke VS.. Fenno
case was settled in favor of plaintiff.
On motion of Attorney Simpson
the criminal actions against G. II.
Klinefelter, G.. w. Tilton, G. S.
Adams and G. II. McWilliams, for
selling intoxicating liquors, were col.
tinued on the ground that Geo. New.
ton, the senior attorney on the de.
fence, was away and for the further
reasons that material witnesses were
absent and the lenght of time for pre-.
pairing so important cases had been
too short. The states attorney said
that he was ready to prosecute but
did not feel like pressing the matter
in the absence of a part of tho coun.
sci on the part of the defendants.
Bonds were prepared for the defend.
ants, in the sum of 1900 each, and
the court ordered that these cases be
the first called at the next regular
term of court.
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