The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1896-04-18

convened at Bismarck for the first
session under the provisions of the
new code doing away with it's migra-
tory character ard providing that i'll
place Of meeting at Bismarck, Fargo
and Grand Forks all sessions should
be held at the seat of government. All
the justices were present and a very
large attendance from the bar of the
| state. The calendar is the heaviest
known since the organization Of the
| court and it will be at least two
months before all of it is disposed Of.
The first on the list is the celebrated
Kent murder case. The history Of this
crime is still fresh in the minds Of
the people;how Kent's hired man, Swi-
densky, in the night time shot Mrs.
Kent, Kent himself being out of the
country at the time; how a confession
was secured from Swidensky to the
! effect that Kent had planned the
murder; the arrest of Kent in Nebras-
ka and his trial in Morton county re-
| sulting in q verdict Of guilty and the
infiiction Of the death penalty; his Sc
curing a new trial mainly on the
ground that the trial Judge erred in
not granting him a change OF judges,
Kent having filed ar affidavit that he
believed he could not secure a fair
trial before Judge Winchester; the sub
sequent calling in Of Judge Mcconnell,
Of Fargo; the change Of from
Morton to Cass county on the ground
Of inability to secure a fair jury in
the county where the murder took
place; his second trial in Fargo and a
second sentence to death. 1t m
up now on q very large assignment
Of errors and his counsel have COW
cred most every conceivable ground
for securing a new trial. Should q
new trial be ordered by the supreme
court q question will come up as to
the future effect. 1t is stated that
Morton county has reached the debt
limit and where to secure funds for a
third trial is not clear at present.
Among the important cases to be
heard is that Of the First National
Bank Of Hastings, Mimi, vs.. Joseph
Lamont, growing out of notes given
to secure a mortgage on the Head
quarters hotel property in Fargo. In
the trial court the bank was beaten,
the findings Of fact showing that the
notes on which the action was brought
were accommodation notes only, not
signed by the defendants wife and
constituted NJ lien on the property.
The amount involved is about $4,000.
Charles A. Patterson VS.. Jacob Will
mann comes up from Emmons county
and is mainly to test the constitution
atty Of the statute providing that
boards of county commissioners can
license ferries and prohibit another
competitive one from running within
two miles Of the m enjoying the
fro nchic0 TNnn constellation ~ thu
state declares that no exclusive fran
the claim is made this enactment con-
f1icts Herewith.
Capital National Bank of Bismarck
Burleigh county, is an action to COM
q deed Of real property having the
same stamped by the auditor showing
that Minnesota enjoys and was en-
acted to compel the payment Of taxes
without having property go to the tax
sales.
A minor portion Of the Lloyds failure
will receive an airing in an appeal from
La Moure county, where some Eastern
creditors claim they did not receive
their share Of the assets from the
receiver. The complaining party is the
Duluth Dry Goods company.
The Great Northern railway is in
terested in an action from Grand
Forks where M Coulter sues for an
accident happening at one of the COM
panies crossings in that city. Judge
Templeton decided that the street on
which the accident happened had
never been formally opened to the
public and hence the plaintiff could
not cover.
Tullis VS.. Rankin will tend to show
the civil liability Of a physician in
performing an operation. The plain
tiff in this case, Tullis, in 1893 had his
limb amputated and now sues for
$4,000 damages for the unskillful
manner in which it was performed.
The trial court gave judgment for the
doctor.
n very important case to the per-
sons interested is entitled State Of
North Dakota VS.. Minneapolis & North
ern Elevator Co. The suit was in
stituted to compel the elevators to
pay taxes on grain in their possession
in the state not shipped out prior to
April 1 Of each year. The defense is
that the grain has been sold and that
the companies are simply acting as
storers of the same. The claim of the
state is that a large amount of grain
escapes taxes both in this state, by
reason Of the alleged sale to foreign
parties, and in Minnesota by reason
of it not being listed there. In the
district court the elevator company
was beaten. The old Trail county
seat comes bobbing up in the matter
Of State ex rel. Little VS.. Langlie.
While Hillsboro has been the actual
seat of Tarill county for q number Of
years the litigation over the removal
from Caledonia seems to be very much
alive. While the action has been pend
ing in the courts the Hillsboro folks
have erected large and expensive
buildings and the commissioners have
expended large sums in fixing them
up, but the Caledonia folks have erec-
ted large and expensive buildings and
the commissioners have expended
large sums in fixing up, but the Gale
donia folks still hope that by some
kink Of law they will overturn the To-
cation and again have it on the Red
River.
Two attorneys Of the state have
had a little difference with Judge Rose
and appeal their personal cases from
his decision. During the asylum
trouble e. w. Camp refused to obey
a subpoena to appear and testify about
the matters under ~quiry, For this