Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1893-06-09
A Little Case of Change of Venue
Which Reveals Some Inter-
esting Facts.
Farmers and Others Busy Hauling
Rock From the Prairie to
the Railroad.
Where Teachers Will Spend the
Summer-Sherf Donnelly
Attaches An Elevator.
The Best Laid Schemes. Etc,

Auo 1ScsI Lat SCHcll0s, ETC.
The motion for a change of venue to
Judge Boyle in the suit Of the Fabyan
Knife company vs.. I. B. Healy will be
opposed in Justice Chase's court to. day.
The change has not yet been made, and
Attorney Allen will attempt to have the
case changed to Justice Tibbils. There
is a little story connected with the
whole affair which is quite interesting
and which goes to show that there are
more ways than one of getting a change
of venue, and that the change in ques-
ton was gotten in one of the many ways.
When the suit first came up last Mon
day, and after it had been argued by
appearance for a considerable
Attorney Barnes, who represented
the defendant and who wanted the case
taken to Judge Boyle for reasons best
known to himself, excused himself from
the court room to get some
fresh air and disappeared IN the di.
ection of Judge Boyle's residence.
After an absence of a few moments he
returned, and simultaneously with his
return, Judge Boyle wendell his way
down past the Office toward Main street.
Mr.. Barnes at once made his applica-
ton for a change of venue to the nearest
justice, and to it's presentation, Mr..
Allen remarked that in this case, the
case would 60 to Justice Tibbils. Now
all who are acquainted with the location
of Judge Boyle's old Office, and that of
Judge Tibbils, know the %latter's to be
the nearest to Judge Chase. But Nh
Barnes rather startled the persons pre-
sent by remarking that this would not
follow, as Judge Boyle had his office in
the Merchants National bank block, was
the next nearest justice, and the case
would accordingly go to him.
Now this al a sumner. Mr.. Barnes
further stated that Mr.. Boyle had rented
the Office that morning (these remarks
were made at the trial at about $3.50 in
the afternoon) and requested the papers
in the case be forwarded to him. The
plaintiffs side smelt a rat. A little in
vestigation disclosed the fact that the
Office had not been rented until at about
half past three in the afternoon, just
after Mr.. Barnes's return from his trip
after fresh air. Connecting Mr.. Barnes
disappearance from the court room, the
departure of Mr.. Boyle from his store
Immediately after, tue renting of the
office at about the same time, and there
was but one inference.
Attorney Allen filed a request that
nothing be done in the change until he
could secure afidavits of Asa Fisher as
to the time of the rental, and from others
as to the various happenings before
chronicled. Finally, with several other
persons, he resolved that what was sauce
for the goose, wa sauce for the gander,
and he resolved to do a little measuring
himself. A tape measure was secured,
Judge Boyle's lantern was borrowed to
light the way, aud the work begun.
First an accurate measurement of the
distance to Justice Tibbil's office was
made. Then they measured to the foot
of the stairway in the Merchants bank
block, up the stairs, and along the hall,
and found, as they will claim to-day
that Boyls's new Office is just six feet
farther to reach by the nearest practi-
cable route than is Justice Tibbils.
And if they succeed in establishing
this fact, the case will 20 to the latter,
despite the efforts made otherwise.
It seems to be a case of cunning VS..
the same all around, and will no doubt
be warmly contested when it m up.
Still Working at the Dyke.
The prairie in the vicinity of the city,
o,1 a.. -,:Io, .o,k ., Lo:.- lo~.lo1 20