Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-12-18
Gov. Church Sued.

The following from the Seattle Tele-
graph of Nov. oath, will be read with in
terest in North Dakota, the former home
sot Gov. Church:
An amended complaint in the suit of
Matthew Gasser against X Ex-Governor L.
Z. Church and E. d. Smith was filed in
the superior court of Snohomish county
Saturday evening, and the allegations of
lit are decidedly sensational in character.
1t will be remembered that some time
ago Gasser filed an ordinary suit in Sno-
homish county against Church and Smith.
The original complaint is now amended
and Church is accused of virtually SELL
ing out Gasser, who was his client, and
he and Smith, who is a prominent citizen
OF Lowell, are charged with a conspiracy
to defraud him. The story recited in
the amended complaint is an interesting
one. It relates that in January last
Matthew Gasser of Duluth came here
for. the purpose Of investing in Snohom-
sish county property, having in view the
Port Gardner and Everett boom. He
met Governor Church, then in partner
ship with j. T. Lentzey. The former
represented to him that he was the only
one who could buy in that section to an
advantage, and a plan to secure some
land was formulated. Gasser was to
furnish the money and Church and Lent
zey were to manage the deal and for the
same receive an interest in the profits.
Following out the plan 531 acres of land
were bought from E. D. Smith at 500
an acre. It was agreed that $24, 900 was
to be paid inside of 60 days, or as soon
as titles could be examined and papers
passed. On January II Gasser paid
$3.50 to bind the bargin. A week later
he left for his home. In that week
Church & Lentzey dissolved partnership
but the latter still held his interest in
theland. When Gasser left for the east
he alleges that he left the whole deal in
sChnrch's hands to close up as his attor-
ney and confidential man.
On FEBRUARY % Gasser received a tele-
gram from Church to the effect that he
had placed all of the land and asking
for a quit claim deed. This was sent.
Later on, Church wired that he sold all
the land, and asked for a larger i~ntesest
than had been agreed on in the profit.
8Gasser answered in a telegram inquir.
ing what the profit in the deal was to be.
TOthat telegram no reply was received.
1t developed that the sale mentioned
was not for the whole piece, but for an
undivided half interest which parties
represented by Thomas R. Shepard of
Burke, Shepard and Woods, had offered
to buy. The purchase price was such as
would have given a profit of $4,000,
enough to carry along the other half in
terest without any outlay of money.
sL1entzey favored and urged the deal but
Church never closed. 1t fell through,
the original contract lapsed and the land
reverted to Smith, now c~o-defendant.
Church's action is alleged to be the re.
suit OF a conspiracy, and that his pay
for his work was a gift of 40 acres of
land near the original purchase from
Smith, on which he cleared $4,000.
Gasser was in ignorance Of all that
had transpired and the property had
long since reverted to Smith by virtue of
b elapsed contract before he began an
investigation. 1t develops that Smith
sold 231 acres of the land and still holds
300.
He is sued by Gasser for specific per-
formance OF his contract and the latter
stands ready to accept the land and pay
the original price agreed on. Church is
ssnedsfor $4,000 damages, Gasser alleg-
ing that; he is out that much in being
prevented from securing all of the land.
ssIhesSOO acres still held by Smith are
estlmatedt to benow worth between $685.
900 and $3O0,O00 consequently a large
fortune is at stake in the suit.
The parties to whom Smith sold the
Dbl acres have all compromised with
Gasser and he has given them quit claim
deeds.
case promises to be a sensational
land some interesting testimony is
looked for when it comes to proving the
sSconspiracy. Mr.. Church is ex-governor
of6outh Dakota and is extremely well
known all over the northwest. Mr..
Snithsis likewise prominently known on
the sound. Nj. Gasser is ayoung man
ofsDuluth, who got q tipon the whale
back barge works and the other Everett
gChemessand followed ii up.
Ssssl Governor Church denies thatthere was
my fraud il the transaction, but that