The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1892-05-13
MARSH'S EXAMINATION.
Mrs. A. f. Smith Gives Some Strong
Testimony for the State.

asked the state called for reporter
to take down the evidence. This was
assented to and Mr.. Aver was secured,
Mrs. Smith testified that during
June, 1891, Marsh came to her and
her attorney and proposed to pay the
sums due by him to Foster. The last
day Of June she asked him what he
intended to do, and he said that he
did not then have money to pay the
Duffy judgment, but offered to give
her land near Henderson as security
if she would pay the judgment. She
did not then know that the land was
near Henderson. The land amounted
to so acres. This talk occurred on
June Both and July 1st, in Pfaul &
Young's Office, in the presence of
Frank Clague and possibly Jean A.
Flittie. Marsh said that the land
was mortgaged for $500, that it had
originally been mortgaged for 81, 600.
but that $500 of it had been paid. He
used the word paid" He took the
ledger Of the Foster-Marsh business
and showed where there was an entry
of $500 having been paid, in proof
that it had been paid. The ledger
was offered in evidence Marsh gave
the land as security and we assumed
to pay the Duffy judgment. Objec-
fiopc had ham poada in tho nroho + q
court to the Duffy judgment, but we
then withdrew these and allowed the
claim TO be proved up against the es-
tate. | understood the incumbrance
on the land to be $500 and no more.
My action in assuming the judgment
was controlled by the representations
of Marsh as regards the worth of the
land and its incumbrance. He said
that the land was worth from 1920 to
S1400, and that it was better than the
adjoining so acres which W. Morse
had pure hased. Upon the ledger ap-
peared the following entry, in the
handwriting of W. B. Davies, book
keeper of the Foster-Marsh business:
april, 81, by mortgage paid off on
Morse so, at Henderson, $500. This
was a credit to himself. Another
entry was made Nov. Goth, go, of the
sale of so acres to W. Morse, for $500.
Had the register of deeds of Scott
county examine the records as to
Marsh's so and he found a 81, 0O0mort-
gage against it held by Thos. o.
Jones
Upon crOSS-eXamination, witness
said that Mr.. Marsh gave a note for
$500 for the payment of the amount of
the Duffy judgment, with the deed of
the land as security. l have never
made demand for the payment of
the note. The land was not to be re-
transferred to Mr.. Marsh until every
cent owed by him to the Foster es-
tate was paid. This contract and the
deed were offered in evidence. Marsh
offered to give as additional security
his interest in 81 acres in Lime town.
ship, as | objected to the other secur-
ity. He said that this was worth
s., 900 and was near enough TO Widell's
stone quarry to be cut up into build
ing lots and sold as such. He said
that if the 81, 900 mortgage was not
satisfied for half its amount, it was
because the mortgage lived in Wis
cOnsin, and that she could have it
fixed on the records at any time. He
did not use the word release" at any
time, but said paid" He said that
there was S500against the school land.
He might have said that $500 was
taken off of the Scott county and put
on the "a acres of school land. Moth
ing was said that Jones 1000 mort
gage was against both pieces.
A recess was here taken for dinner.
The examination was resumed at
3 O'Clock. Mrs. Smith said that only
SIS or $50 has thus far been paid upon
the Duffy judgment, and this was above
the $500. A mistake had been made
in placing the judgment at $500, for
it was nearly s64O or more. Marsh
might have said that he put the $500
mortgage upon the 81 acres. The
proposition about paying the judg-
Inent was Mr. Marsh's. not mine. The
defense offered in evidence number
of papers bearing on the case.
The direct examination was again
taken up. AS we 60 to press the case
is still progressing.
The examination of Mrs. A. F.
Smith was continued Friday after
noon. She said that the school
land in Lime township lies
within bend of the Mime
sofa River, with a stream running
across it, and do not think it worth
more than S400. 1t cannot be used for
building lots, and it is long distance
from the built up portion of the city
or the stone quarrieS. 1t is an island.
L assumed the entire Duffy Judgment.
whatever it should amount to. IL is
safe to say that the P. A. Foster as
sets consist of $4,000, mostly land.
The Duffy claim is the ONLY one al