Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1894-11-29
A TIME.W0RN SUIT.
A Missouri Steamboat Forms
the Basis for a Long Legal
Contest.
Senator Cush Davis Of Minne-
sofa Once an Attorney
in the case.

OlsnRfck TO argue one OF the most not
able cases which ever came before the
state supreme court. The case is relic
of territorial days, and originally in
volved the possession Of steamer on the
Missouri river, but, in the sinuosit,es of
legal fight, extending over the past IA
years, this is almost lost sight Of. The
boat burned years ago and the original
attorneys who conducted the case are
now judges on the bench or scattered to
many parts of the United States. The
suit has appeared in the territorial dis
trict and supreme courts once each. in
the state district court several times, the
state supreme court three tin es and IN
the United States supreme court once,
and now the last relic" will be heard in
the state supreme court again. @. K.
Davis, now United States senator from
Minnesota, Attorney Francis-now
judge-and nearly score Of other attor-
neys have been connected from time to
time with the case. At present the suit
lies in the hands of Attorney George
Newton of Bismarck for Captain Bralth
waite, plaintiff, and erstwhile one of the
owners of the boat, and Attorney E. w.
Camp OF this city, who represents the
defendants, numerous eastern parties,
against whom suit is brought on the
appeal bond for the original price of the
boat.
1t was late in the fall of 1880 that the
steamer Eclipse, Capt. Braltnwaite, COM
man ding, sailed away from Bismarck on
an eventful voyage up the Missouri river,
bound for Ft. Butord, Mont, laden with
army supplies, consigned to the quarter.
master. She never reached her destina-
ton, but vas frozen in about GO miles.
by water, from the fort, and 35 miles, by
land. Litigation began the next year for
the recovery of freight charges. The boat
was sold also that year to satisfy debt.
Capt. Braithwaite brought suit for the
recovery OF the boat, which, pending
decision of the courts, was placed in the
hands of U. s. Marshal Alexander Nc
Kenz,e, who IN turn placed it in the I'M
mediate charge of bis deputy, W. ]. Ray
mond, now citizen OF St. Paul.
Although Captain Braithwaite was
awarded the possession OF the boat by
three courts, he never secured it. Deputy
Raymond, on April 7th, 1881, without an
order from the court, and apparently on
his own responsibility, turned the boat
over to it's alleged eastern owners. In
1887 it burned. Suit was then brought
for the recovery OF the value of the boat
on the appeal Observation-Disclosures by
number OF eastern firms, co-partners in
the purchase of the craft.
The briefs and documents relative to
the suit now form q small library. In
the decisions of the judges can be traced
an interesting and hard-fought voyage
along the tortuous course OF the suit
down through legal channels, beset with
snaRs, sandbsre, ice blockades and dan
gerous rapids Of the past II years. Sew
eral times has the long legal voyage
apparently reached its end, by "land
measurement" but when the next thaw
has released it from q tedious "tie.up,"
the journey has suddenly, "by water
been further than ever from arriving at
q conclusion.