The Dickinson press., 1899-07-22
Stark Co.. Sheep Case.
The View of a Dickinson Correspondent
in the FARGO Forum.

Dickinson, N. d., July Ito The
Forum: Dickinson is not only proving
ODE the greatest wool market in the
state, but here also originated the great
est law suit, concerning the possession of
a band of sheep, ever experienced in
this state--which has been pending in the
courts since 1893, involving about $4,000
altogether, with a cash contingent Of over
$4,000, which has been On deposit here
in the bank for the past six years. The
supreme court at Bismarck, in deciding
this case recently, reversed Judge Win
chester, making the second or third time
that the district Judge has been reversed
in tho case, and demanding the case tor
a fourth trial in the district court at the
fall term. The district judge having
proved himself such a poor guesser, at
the next trial a judge from some other
district will be called i'll to try the case.
The principal contestants in the case
are R%osenbaum Bros. 4 Co. of Chicago
and Joseph Cans of Helena, Mont, the
case being referred to, however, as the
Gans-Beasley sheep case.
Beasley at the beginningo O the suit was
a ranchman in Montana, as we'll as a
buyer and shipper of sheep, money being
furnished for the purpose by Rosenbaum
Bros. & Co. of Chicago, about $4,000
having been invested in a shipment of
sheep en- route to Chicago in the spring
of 1893. During the fall previous, Beas-
ley had purchased a band of sheep from
Cans, giving his note in payment, which
fell due in the spring of 1893. Beasley
failing to pay this note promptly, Cans
attached the sheep in transit when con-
signed to Rosenbaum Bros. & Co. at
Chicago. The case hinges on the proof
of possession of the sheep at the time the
attachment was made.
The last decision of the supreme court
followed by motion on the part of Cans
attorney for a hearing, which motion has
been, denied in effect disposes Of many
of the issues of fact aud questions of law
involved in the last trial. For instance,
while in transit, but off the cars grazing,
in the vicinity Of Dickinson, Beasley
sheared the sheep and appropriated the
proceeds of the wool clip, and the court
holds that by allowing this to be done,
the Rosenbaum people, for the time be-
ing, lost their factors lien and hence, we
infer, had Cans attachment applied at
that time, it would have been binding.
However on Aug. 4, Rosenbaum's dis
trict agent took personal possession of
the sheep, and was fortified by a formal
REIMBURSEMENT in writing from Beasley,
which evidence was shut out from the
record by Winchester, but which the SUI
preme court says should have been ad-
mitted and once in evidence, according
to plaintiffs friends co~nclusively proves
possession and shuts out any possibility
of attachment, which was attempted Aug.
7, and renders the verdict a most favor
able one for the Rosenbaum interests.
Considerable feeling is shown against
Judge Winchester by friends of the Ros-
enbaum interests for his apparent bias in
the case, especially during the last trial,
claim being made that the case was re-
moved from Dickinson and Stark County
to Mandan, Morton County mainly to
please the judge, but %ostensibly for the
reason that a fair jury could not be Sc
cured in Dickinson, and then after near
ly two weeks trial at Mandan, the judge
arbitrarily and without reason, dismissed
the case and it is claimed that it set his
friends to guessing and his enemies to
talking much, for after going to Mandan
for fair jury trial and mourning all the
expense, the case was not allowed to go
to the jury, being arbitrarily withheld by
Judge Winchester, thus rendering nee
essary duplication of this heavy expense
at the fourth trial.
As a sample of the expense of this &C.
ton, the following is a copy of the bill
rendered against Stark County for the
third trial:
Stark County, North Dakota. to Morton
County, North Dakota. Dr.. to Court ex.
penses in the Case of Rosenbaum Bros.
& Co. VS.. Jerry Hayes:
Bailiffs, Waterman and jurors. .s6l5 s.
Stenographer. 90
Clerk of district court. .......... 50 90
Filing. 3 50
Boarding jurors .264 90
Sherltfs tee ~ %
Comforts and bedding. .......... 81 50
Rent of cots 10 80
Total .SI.I34 IS