New Ulm review., 1896-04-08
Only a
Cherry Tree.
Proceedings Commenced by Minneapolis
and Springfield Parties to do
up Heidemann.
The Suit the Result of the Propagation by
the Latter of a Hybred Cherry Tree.
Pending the Trial Demand is Made for a
Temporary Injunction.
Looks Like a Put-up Job to Cheat Heide.
man out of the Reward of Years
of Labor, @s9

It was only cherry tree that ruff1ed
the career of George Washington; it is
only cherry tree that now worries the
mind of Charlie Heideman.
At udge Webber's chambers on Sat-
urday peculiar and interesting legal
proceeding was instituted, which will
certainly prove to be stickler on scien-
tifc and horticultural terms, and at the
same time may be of importance as es-
tabllshing precedent in a field of legal
practice, heretofore practically unentered.
The suit is brought by sampson,a Min
netonka horticulturist, and Hans Knud-
son Of Springfield, as plaintiffs, against
G. W. H. Heideman Of this city and Clar-
ence We1ge of Albert Lea, as defend
ants. To judge from Wedges affidavits
and letters, however, he comes little
short of being one Of the plaintiffs, and
it is this fact which leads US to believe
that the whole suit is a put-up jo5 on the
part of the thee to cheat Heideman out
of what is now known as comparative
ly "good thing"
1t appears that several years ago Mr..
Knudson found growing upon his Spring.
field farm a hy5red cherry tree which he
claimed was cross between a certain
variety Of plum and the sandhill cherry.
This he showed to his friend Heideman,
who was interested in this kind of work,
and gave him couple of scions to ex.
pertinent with in grating. Mr.. He1de-
man tried them but claims that both of
the scions died within ten days. A hy-
bred of his own discovery, as he claims,
proved to be success, however, and for
the past year he has been propogating it
on the nursery farm at Albert Lea. This
year 2,400 stocks were put in and accord
ing to Mr.. Wedges own statement they
are dong nicely.
Now comes forward Mr.. Knudson
sells his right in the Compass cherry to
Mr.. Sampson of Minnetonka, and alleg-
es that the stock now grown at Albert
Lea is from the original scions given by
Knudson to Heideman thee years ago.
Furthermore he CLAIMS that when he
gave the scions to Heideman it was with
the understanding that they should not
be experimental with outside of his own
garden. This looks unreasonable, of
course, for a friend, who didn't really
know what he had, wouldn't lie apt to
tie down fellow horticulturist, to whom
he was under obligations, with any such
conditions. Nevertheless, they all appear
in the complaint, and it devolves upon
Heideman to deny them. He does So,
and in terms that are not to be misce J.
strued.
He first declares that he is a horticul-
turist of many years standing, that he has
investigated every phase of subject and
particularly Of budding, grating, pollon-
izing and cross fertilization and that for
fifteen years he has been at work perfect
ing hybred cherry tree that would be
adapted to the Minnesota climate. He
denies positively that he has appropriate
ed the sclons of Mr.. Kaudson's stock,
and to show that he had grown hybred
cherries before Mr.. Knudson knew any
thing about them, extracts were read
fyom the horticultural bulletins of some
of the leading colleges of the country.
He further says that the fruit from his
trees is of a different variety from that
grown Ivy Mr.. Knudson, and to substan-
tiate this claim he quotes letter of Mr..
Wedge. This was the first letter ever
written by Mr.. Wedge on the subject,
but soon after he wrote another to Mr..
Knudson in which he assumes an entire
ly different position. This sudden change
of front indicates niger in the wood
pile somewhere.
The suit cannot be tried before June
and pending the opening of the term,the
plaintiffs demand Il temporary injunc-
ton, restraining Heideman from selling
any of the stock until the case Is settled.
In the suit proper, Heldeman is asked to
pay damages to the extent OF $4,000.
Jos. A. Eckstein appeared for the de.
fendant, Heideman, and A. B. Choate Of
Minneapolis and Frank Clague OF Lam
berton for the plaintiffs, Sampson and
Knudson.
A couple of years ago Gen.J S. Clark
son was kind enough to send us photo
graph Of himself with the following ex-
planation. .sIt was taken by III artist
nf sf,u,,, cEo tE to1 II EJn,.