The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1895-04-26
MANKAro FREE Press.
WANTS DAMAGES.
THOnAS WILSON SUES THE MIL
WAUKEE ROAD FOR $500.
The United States Court Opens With
Three Cases For Trial--Judge Nell
son Says Public Business Must
Precede Private Business.


courts opened at the court house at
promptly ten o'clock Tuesday morning
Judge Nelson presiding. The court
officers present were: Deputy United
States marshal, w. M. Campbell; chief
deputy, M. Redding; United States
district attorney, e. G. Stringer;
clerk of the circuit court, Oscar Hill
lis; clerk of the district court, G. L..
Spencer; deputy clerk of the circuit
court, Stephen Thorne; official court
stenographer, H. HI. Horn; crier, j. E.
Conway. All of these, except Mr..
Thorne, are from ST. Paul.
The attorneys present from outside
of this county were, John III. Bowers,
of Redwood Falls; w. d. Abbott, OF
Winona; John Lind, of New Ulm; HI.
H. Fields, of Chicago; w. e. Todd, of
Albert Lea; Louis Schellbach, OF
Granite Falls; John A. Loveley, OF
Albert Lea; Andrew j. Valsted, of
Granite Falls; Clement S. Edwards, OF
Albert Lea: Jno. NJ Rees, of ST. Paul;
and w. A. Landcaster, of Minneapolis.
When the crier announced the open
ing of the court, every person in the
court room rose to his feet, in obedi-
ence to law or custom, as mark OF re-
spect to Uncle Sans court.
The roll of the petit jury was called,
and the following answered to their
names:
John Fairbanks, Austin; Charles ID.
Whittemore, Clearwater; FL. j Heeb-
ner, Elk River; Henry Burns, Nicol-
let; Fl. J. Evans, Wabasha; Samuel
Tilbury, Freeland: j. Ell. jenkins,
Winona; William III. Dunbar, Gale
donna; Michael Dewitt, st. Paul; Henry
Scherfenburg, St. Cloud; John Glenn
ents. Degraff. J. Gerken, Henderson;
Andrew L. Skoog, Carver; Walter
Shook, Luverne; Reuben Melvin,
Chaska; Robert Macarthur, ST., Han
cock; John G. Johnson, Hadley; Will
liam B. Mcclure, Minneapolis; I'll. E.
Kirkland, Spring Grove; HI. n. Hard
ing, Little Falls, Fred Bush, Redwing;
Frank LAM, Hastings; d. Frye, Elk
River; John A. Murphy, ST. Cloud;
Gustav Wittock, ST. Paul.
The judge asked whether any of the
Jurors had excuses to present why
they should not serve, and Mr.. Bush,
of Redwing, stepped forward. He
stated that he was very busy and
could not easily remain, as his bust
ness affairs required his attention.
Judge Nelson stated that this was
not sufficient cause. He added that
every citizen must devote some little
time to the public business, no matter
what his private business may be.
Mr. Bush again took his seat among
the jurors.
The calendar was called, and the
district attorney made motion to
dismiss the case of the United States
VS.. Edgar G.. Burley, who was charged
with defaulting his bond, and this was
granted.
In the case of Judson d. Humiston
and Chas. I'll. Howard, executors of
the estate of the late j. J. Haggard
VS.. the G. & N. W. road, Attorney
Lovely stated that the statute of
limitations now applies, and that he
and Mr.. Brown had agreed to submit
the briefs on the demurrer.
In the case of Patrick Rogers VS..
Nicholas Rogers, Mr.. Lovely stated
that it is an action to set aside a
judgment, commenced several years
ago. This is an action to revive the
case, and an order to show cause is re-
turnable at this term of court. He
suggested that the case be passed
without prejudice, by consent of all
the parties.
Lorin Cray stated that Andrew j.
Valsted, of Granite Falls, is practic-
ing attorney in the courts of the state,
and moved that he be admitted to
practice in the United States court.
Mr.. Valsted then took the prescribed
oath and was admitted.
On motion of Mr.. Lovely, Clement
L. Edwards was likewise admitted to
practice.
The first of the cases for trial was
that of Thos. w. Wilson, Isabella
Emerson, Mary Emerson and Eliza
Armstrong VS.. the Chicago, Milwaukee
& st. Paul railway company, and the
trial of this case was Immediately
commenced. The plaintiffs steam
flour mill at Alden, Freedom county,
was burned in the fall of 1892, and
they claim that the fire was started
by spark from the locomotive of a
c., M. & ST. P. road, through the neg
ligence of the defendant. They want
$500 damages. The attorneys for
the plaintiff are Messrs. Lovely and
Edwards, and those for the defend
ant are Messrs. Field, Todd and Pau
& Young.
There are two other cases for trial.
Just how long the court will be in
session is uncertain.
Mems black and tan halt hose at
10c at The Model.