St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-18
DEFENSE WILL BEGIN TODAY.
CLAIM IS MADE THAT EVIDENCE
is STRONG AGAINST THE EDI-
TORS CLAIM.
QUIET WEDDING AT HUDSON
In Which a Prominent Young Cou-
pie Were PrincipaIs-Irish-Am
lean Bank Affairs.

the plaintiffs lawyers announced that.
with tn: testimony offered. they rested
tlt1r casa. Judge Koon, for the de-
tense, made molten that the case
be dismissed, but the court refused to
grant the motion. The defense will
oren this morning without any pre-
lininaries. Judge Koon will hurry On
the evidence. which he will confne
as much as possible to the one point
Of the contract alleged, and to who
sold the paper. The main point brought
out in yesterdays cross examination
was an admission from Blethen that
when he left the Tribune he was rated
in the commercial agencies as worth
$249,000, while when he went in to the
$249,OO0, while when he went into the
paper his fortune was put down at
$230,020.
When court opened Mr.. Blethen took
the stand and cross-eXamination fol-
lowed. The interview in Mr. Lowry's
office was again taken up. Mr.. Blethen
admitted he was at that time going
into the banking business. The bank
was organized January, 1892, Mr.
Lowry taking ten shares. He had seen
Mr.. Lowry to have him call off the suit
which Mr.. Murphy was threatening.
Mr.. Murphy did not bring suit Mr.
Blethen admitted that when he went
into the Tribune he was rated to be
worth $230,000, and when he left the
commercial agencies had him at $249,-
OO0. This closed crCss-eXamination, and
Henry j. Gjertsen began redirect ex-
animation Several questions asked re-
garding the interest Of Lowry in the
Tribune were barred out as inmate
rial. Witness said Lowry's interest
was as had already appeared. The
reason Blethen objected to the Smiths
coming in was questioned, but Judge
Koon objected, saying that the plain
t1ffs attorneys were trying to get in
evidence that had been ruled out In
Delavan Smiths testimony. The wit
ness explained to Lowry that the rea-
son he didn't want the Smiths on the
paper was because they wanted con-
trolling interest which he was disin-
clined to give up. The witness did not
derive any benefit whatever from the
sale of the building to the Tribune
company for $150,OO0 in bonds 1t was
to cover legal technicality only Out
of the $215,000 Indebtedness the Tri-
bune was directly responsible for
$4,000. There was $4,000 for which
Blethen put up collateral The whole
indebtedness in December, when asked
for by Lowry, was $402, 900, but there
was no credit in the operating depart
ment for accounts receivable. Several
errors in Lowry's accounts, which the
witness never could correct, reduced
the Indebtedness where it was when
Blethen left, $350,000.
Mr.. Shaw's "gift of $4,000 In bonds"
he explained, was turned over to rep
resent his interests. The Tribune
from the start to the finish supported
Mr.. Lowry. The files Of the paper
would show that"
On DISCRIMINATION, Judge Koon
asked the witness if he had not found
Lowry's experience, that he could not
sell minority part of the paper, to be
true, and Blethen admitted that to be
the case. The witness insisted that he
wished to submit the propositions to
part with a part of the paper or the
whole of it to Mr.. Griffiths, of Den
Yer. Blethen, when he wrote to
Lowry, did not think that he would
advise the sale. A short discussion
about the difference of $4,000, which
witness said occurred in Mr.. Lowry's
accounts completed the examination of
Mr.. Blethen. 1t was followed by Will
lam Henry Smiths statement which
was read to the jury.
The cross-examination by Judge Koon In
the deposition showed that Mr.. Smiths mem
DRY was rather defective. 1t also showed
that Blethen had telegraphed to New York an
introduction of Mr. Smith to Mr.. Lowry in
at the Grand Pacific, Chicago. The majority
of it was ruled out for the reason that the
direct upon which it was founded was wholly
jmmaterial.
The deposition of A. B. Haskell, a very
short one. was offered, and was not objected
to. The only point of interest was that if
showed that Mr.. Haskell thought the paper
was worth more money than "the boys had
succeeded in getting for it. The deponent said
that as he remembered it, he was asked If any
other good man besides Smith would be ac-
proposed Mr.. Lowry's name
w. H. Dennis. the architect. was the next
witness, and he stated that he had planned
What did the building COST" was asked
The court held that the question was not
material. and the witness was withdrawn
The corporation record book of the Mime
sofa Tribune company was offered and re-
ceiyed, vol. 2, 1890, May 1 to Oct. IA, 1891
Plaintiff rests. your honor" said Judge
Rea.
MOVE FOR DISMISSAL.
In my view of the case said Judge
Koon, Il feel it my duty, both to the court
and my client, to move for dismissal on the
any claim. OF course, we have counter
claim, and it may be that that will preclude
us from discussing that fact. I don't care
whether it does or not l don't like to
especially to get Judgment, as it would be
of no use any way
Tne att attorney me argued for the dis
loss, which he must show before he could
make a claim for any damages. There was
no testimony in the case that would war
rant recovery except on that interest
claimed. There was no moral obligation in
the matter. as there was contract for sale
between other parties, to which Mr.. Lowry
was not a party. He came in afterward. and
Endorsed notes. The moment those notes were
paid his interest expired. His security de-
pended upon the paper being run properly,
hn aI11,z
and advised. He was involved heavily else
where and he was anxious to get out il
he could, and so was glad to help to dispose
Judge Koon then read from the evidence of
the plaintiff to show what that talk at the
home of Mr.. Lowry was He gave the evil
dence Just as taken by the stenographer and
showed by. Mr.. Blethen's own words that
there had been no contract made then, upon
1.-The contract that he swears to- said
Judge Koon, was that Mr.. Lowry take the
paper and sell it; but he did not take the
paper and he did not sell it. This is not
The testimony shows that the paper was not
turned over and the testimony concusiveIy
shows that Mr. Blethen himself sold the pa
per, with Mr.. Lowry assisting him as best
he could. OF course Mr.. Biethen says he
washed his hands OF the paper but really.
after that Blethen makes an offer to sell it
troll of it himself. and was trying to sell it.
He gave his estimate OF the value at $3.50 900.
just what he finally sold 1t for. He fixed
the price of the paper and the value. He
placed a value at less than what he actually
sold it for.
III you accept his estimate as to the value
OF the franchises, and then add the value of
the tangible property. you cannot possibly
make it figure up $S5o,OOo. There isn't a
particle of evidence in the case to show
that Mr.. Lowry. ever did more than intro
duce Mr.. Murphy to Mr.. Blethen, and he
never did. The evidence shows that Mr..
Murphy and Mr.. Blethen figured OH the Prop
erty. and Mr.. Lowry had no authority to sell
the PAPER"