Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1894-03-16
UNITED STATES COURT.
Harshman Case Finished and the
Henselman Damage Case Is
Taken Up.
The Henselman Damage Suit Oc-
cupies the Attention of U. S.
Court To-Day.
Jury In the Harshman Case Return
a Verdict of Damages In the
Sum of $4,000.
From thursdays Daily!

From Thursday's Daily!
United States Court.
In United States court this morning,
the case Of Harshman VS.. Northern
Pacific was resumed, and the attorneys
concluded their arguments. Judge
Thomas then charged the jury, who
went out shortly before And adj
journment was taken until 2 o'clock, and
this afternoon a jury was empaneled in
the case of Henselman, VS.. Northern
Pacific.
This is another personal injury case.
The suit is brought by John H. Hensel-
man of Sanborn as guardian ad Item
for J. H. Henselman, Jr., age eleven.
The complaint alleges that in July, 1889,
young Henselman was playing around a
train in the yards at Sanborn. He was
allowed by trainmen to get up on a fat
car, lie down at n end OF it and watch
the coupling. When this was made, the
jar threw the boy upon the rails,
and he was run over, being injured in
such a manner that one of his legs had
to be amputated and for which damage
suit is brought for $4,000. The exam
nation of witnesses was in progress this
afternoon.
From Fridays Daily.]
The suit of J. H. Henselman, guardian
ad Item for ]. Il. Henselman, jr., against
the Northern Pacific railroad company,
occupied the attention of the United
States court yesterday afternoon and
this morning. The boy who was injured
and in whose behalf the suit is brought
occupied the stand yesterday afternoon.
He told b story of the accident, stated
that he had gotten upon the fiat car, and
that the conductor had asked him where
he was going, and he told him he intend
ed to take a ride. The testimony of the
plaintiff vent to show that the boy was
too young to be aware of his danger, or
to be charged with negligence, and that
the agents of the railroad company we're
negligent in allowing the boy upon the
car.
For the defense, Conductor johnson,
who managed the train upon which the
accident occurred, testified that he Lad
told the boy to get off the car, and
that the boy had arisen and looked at
him, and he supposed he would obey.
After this, on account of some difficulty
with the pin in one of the ~couplers, John
SOD had to get down under the car to fix
it, and before he could make any further
effort to prevent the presence of the boy
whom he thought had gone, the acct
dent occurred.
Attorney Watson, for the defense, then
moved to have the case taken from the
jury, claiming the accident due alto.
gether to the negligence of the boy
and his guardians. Judge Thomas said
there was a difference in the testimony
as to what had been said to the boy, and
denied the motion.
The afternoon was occupied by the
arguments of the attorneys, and the
judges charge to the jury, which were in
progress at press time.
GETS DAMAGES.
Shortly before noon the jury in the
Harshman suit came in, after having
been out about twenJy-hours. They an
nounced that they agreed upon a verdict
Of damages in the sum of $4,000 in favor
of Harshman, for injuries he had re-.
ceived in the yards at Valley City.
From Sundays Daily.l
In the United States court last even
ing, the Henselman suit was completed
and given to the jury. This suit is the
last of the railroad cases, and this morn
ing the criminal calender was begun
upon.
Joseph Maley, the Grand Forks mail
carrier, was the first prisoner a~rraigned
Maley is a young fellow, and up to a few
months ago had always borne a good
reputation. A petition for clemency wae
circulated in Grand Forks after his
commitment there, and was signed by
Postmaster Bray, and the leading
citizens and business men Of the town
When Maley was arraigned this morn
ing, he pleaded guilty, and Assistant
United States Attorney Miller made {
brief address, in which he said the cas-,
had been looked n to,and the prosecution
was satisfied that clenency was advis
able. Judge Thomas will pronounce
sentence Monday.
Harrington, who is charged with pass
ing counterfeit money, was also ar
raigned, and given twenty-fours il
which to plead.
Thomas Fret, Frank Pomeroy an
Robert Hatton, the three men VIII
are charged with the robbery of tn
Gardner postofice were also arraignec
This case is quite a long one, the mel
having been mixed up IN several deali
and there are a number of witnesses i
the city on the case. Fret and Pomero
pleaded guilty this morning, but Hat
ton, who is said to be the shrewd one o
the gang, pleaded not guilty and vii