St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-08-13
MINNEAPOLIS.
\ LEGAL RUMPUs.
w. H. TruesdaIe. of the ST. Louis
Road. Under Arrest.

AGOdu. ~ 0oSE Arrest
a slight legal row Friday night re
suited i'll the arrest of w. II. Truesdale,
receiver of the Minneapolis 81 St. Louis
Railway company, by Sheriff Laily.
MIR. Truesdale was taken to the county
jail and placed in charge of the sheriff
under a sentence of imprisonment for
twenty-four hours for contempt of
court, imposed by George LIE Clair. a
notary public.
The trouble grows out of an action
for damages brought by L. Peterson. of
Lac Qui Parle county, against W. II.
Truesdale as receiver for the st. Louis
road, because of the failure of the road
to fence Ill the right of way of the road
where it passes through Peterson'S
farm. The answer made by Truesdale
was to the effect that he denied that he
was operating the line OF road traYerS-
ing the farm in question.
In the preparation OF his action Frank
d. Larrabee, the plaintiffs attorney,
found it necessary TO obtain deposit
ton from Mr.. TrueSdaie. and to that
end he secured an order of court for the
defendant TO appear Friday before
George LIE Clair and have his deposit
ton taken. The notice was served upon
Mr.. Truesdale, and later his attorney
notified the plaintiffs attorney that he
would refuse to appear, as he was not
obliged to appear to give deposition
for the plaintiff before the trial. thus
making evidence before the case was
heard. At ? o'clock the attorney was
present before the Notary, but Mr..
Truesdale. true to his promise, did not
appear.
Attorney Larrabee at once moved that
the notary proceed to issue warrant to
bring the recreant receiver into court.
de was brought, but nothing could IN
duce him TO give evidence. Thereup0n
Mr.. LaTrabee asked that the receiver be
adjudged in contempt by the notary.
The latter had never heard of any such
authority in the hands of a notary, but
The attorney cited the law III such une
quiYooal terms that finally the notary
adjudged the receiver III contempt of
court. and Constable Lally took him in
charge. and he was taken to the Sherif's
Office in the county jail undera sentence
OF Imprisonment for tWenty-four hours.
Mr. Truesdale's legal adviser at once
went to Judge Ponds house and pre-
vailed upon that gentleman to issue
writ of habeas corpus requiring the
sheriff to bring the prisoner into court,
to show cause why lie should not be re-
leased. The Judge Lnen came GOWN
and opened court, and the result was
that MIR. IrueSdale was a free man be-
fore morning The attorney for the
plaintiff will still insist ON obtaining
that deposition. ana the matter will
probably create some little Juror i'll the
district court when it comes there for
argument.
The point as to whether a notary pub
lie is authori Zed to issue warrant was
decided i'll hearing before the dis
trict court some time ago, when Samuel
P. Shider was before that court to show
cause why he should not be adiudged in
cOnte mpt tor not appearing TO give dep
osifions for the plaintiff when he was
defendant. The court surprised every
body by asserting thata notary had the
authority 10 issue warrants and adjudge
parties IN contempt without appealing
10 the district court.