Little Falls transcript. [volume] (Little Falls, Morrison County, Minn.) 1876-1894, 1894-03-16
DISTRICT COURT.
The S1ander Cases Finally
Disposed OF. Httorney
Smiths Remarks.
Welter's Case will Probably be
Hdjourned to the Middle
of April.

| hODerCS LOT plO,cUU damages was ulS-
missed some time since on motion of
plaintiff and today when the cases
of Mrs. Forde VS.. Mrs. Roberts and
DR.. Roberts for $4,000 each, were
brought up the attorney moved for
a dismissal and made some remarks
regarding the reasons for SO doing
which we have been requested to
publish by those interested in the
case. His remarks were as follows:
He stated in substance that the
cases against the doctor and his
wife were brought, only after the
most careful investigation on the
part of the plaintiff and of examina-
ton of the witness, Mrs. Beale, by
himself, OF the allegations on which
the actions We're founded and which
were set up in the complaint.
That at the time the actions We're
brought, the plaintiff, as well as him
self and her husband, Mr.. Ford,
were all convinced that most
atrocious calmunies had been uttered
by DR.. Roberts and his wife, and
that the severest measures were re-
quired to right the wrong perpe-
trated against her.
| That Mrs. Ford was lady of high
social standing in the community, of
unassailable purity OF character as Il
woman, and was greatly shocked
and deeply indignant at the attack
on her good name which the wit
ness, Mrs. Beale, represented had
been made by the defendants, Doc
tor and Mrs. Roberts. That the
reason the plaintiff had not availed
herself OF the opportunity granted
by the court, of taking the deposi-
tion of Mrs. Beale at her residence,
was that after the producing in
court of the second affidavit of Dr.
Millspaugh-already published in
the Transcript-he, Mr.. Smith, was
convinced that Mrs. Beale, could, at
this time. be present in court in per-
son, to give her testimony in the
cases had she SO desired. That af-
fidavits of hired help in the house of
Mrs. Beale, who had worked for her
up to a comparatively short time
time before the sitting of the court,
could be produced showing that
Mrs. Beale's illness was a sham and
a pretense to avoid the necessity of
testifying under oath, in open court,
to the stories she had told as COM
ing from defendants. Taking into
consideration those facts and others
he had discovered, he felt satisfied
there was in reality no truth in the
charges brought against the defend
ants, and that he thought it duty
owed to them to exhonorate them
therefrorA, and at the plaintiffs re-
quest and of his own motion, he
most cheerfully and gladly did so,
| pleased to remove SO great charge
against the character OF gentle
man of the profession OF DR.. Roberts
and convinced that what had been
repeated to the plaintiff by Mrs.
Beale, had no other foundation in
fact than that Of the lively imagi-
nation of gossiping woman.
The court granted the motion and
dismissed the cases, and in doing SO
| took occasion to commend the
manly course pursued by Mr.. Smith
in dismissing the actions and for
stating SO frankly his reasons there
for.
The jury disagreed yesterday in
the case of Alex Van Praag VS.. p. j.
Gross.
! Geo. LaFOnd was given verdict
against the Northern Pacific Rail-
road company for $SS.
Damage suit OF Peter Medved VS..
N. L. Dargis was continued till next
term.
Samuel Mills brought suit in dis
trict court today against N. Baker
to recover $3.50 on some notes. 1t
appearing that the plaintiff had not
| fulfilled the terms of a certain lease
the jury gave him q verdict for $9S
and he will have to pay the COSTS
The case OF the State VS.. Simon
kessella for assault with intent to
do great bodily harm, is now on
trial.
1t is probable that the Welter case
will be continued until about April
Goth, owing to the disappearance of
one OF the witnesses, Ben Lezard.