The herald-advance. (Milbank, S.D.) 1890-1922, 1897-03-05
Circuit Court.

The special term of circuit
court which was originally
called for the first week in Jan
uary, but which has been from
time to time postponed, was con-
vened last Monday, Judge Camp
bell presiding. The Judge and
Stenographer Granger having
made their way from Aberdeen
partly by team and partly upon
the snow-plow. The Roberts
county-seat case was first given
a hearing, Messrs. Aikens, of
Sioux Falls, and D. G. Thomas,
of Watertown, arguing the case
from the Sisseton standpoint,
and Messrs. Crosstield of Browns
Valley, and Potter of Aberdeen,
for Wilmot. The mt tt n was en-
tirely a question of law, and rest
ed largely upon two points; was
the county seat previously loca-
ted at Wilmot by virtue of vote
of the people or by act of the leg
islature? The second question
was did Sisseton receive a ma
jority by receiving majority Of
the votes cast on the county seat
question, when it did not receive
a majority of all the votes cast at
the election? The court ruled
upon the first question in favor
of Sisseton, but upon the latter
question reserved judgment, and
no decision has yet been rem
dered.
The forgery cases against q.
NJ. Clark were then taken up,
Clark's attorney, Null of Huron,
withdrawing the pleao not guilty
and demurring to the indict-
ments. The grounds for demur-
rer were that the documents al
legged to be forged were void up
on their face, the school bond
having been made in the sum of
$500, when the law providing for
the issue of school bonds pro
vides that school bonds shall be
issued in amounts not exceeding
5000. The county warrants up
on which the other charges were
based, failed to have printed up
on their face that they were is
sued by order of the board of
county commissioners, and con-
sequently the warrants were not
a proper or legal order upon the
county treasurer and that officer
could not be compelled to accept
them, and that they were void
upon their face. That it follow
ed that if the papers were void,
there could be no forgery. Legal
authorities for and against
this theory were cited by oppos-
ing counsel, but the court stated
that the weight of authority was
in favor Of the defendants posi-
ton, and gave the prosecuting
attorneys, Messrs. Lockhart and
Potter, to three o'clock to look up
further authorities. At the af-
ternoon session the prosecution
stated that they had nothing
further to offer, and the court
stated that he believed it would
be a useless expense to go on
with the case and signed the or
der for the discharge of Clark.
AS there was no further business
for the special term the court
was Immediately adjourned.
w. F. Rust has secured tenn
porary quarters for his jewelry
business in Farley's hardware
store. Just as soon as proper
conveniences can be secured he
intends to again take up his con-
fectionery business. The fami-
ly have secured the Addie Volk-
mar house, having been without
a home since the fire, in which
they lost considerable Of their
household effects. Mr.. Rust
wishes to state that all watches
and articles left with him for re-
pairs, were saved from the fire,
and the work will be attended to
as promptly as circumstances
will permit.
Advertised Letter LIss.
Letters remaining uncalled for in the
Milhank Post Oftioe Mar 3, 1897.