The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1899-11-29

RENV1LLE COUNTY SEAT.
Judge Powers Will Try the Kelsey
Case on Dec. 18th.

this time to Thursday. Dec. 18th,
on which day Judge Gorham Pow
ers OF Granite Falls will hold a
special term OF court at .Renville,
Renville county, and at which
special term of court the next act in
the celebrated county seat comedy
drama will occur. Judge Powers
will be the sole judge OF the law and
facts.
This conclusion was arrived {
after an extended conference be-
tween the attorneys on both sides
at Beaver Falls last Tuesday even
ing and Wednesday morning. The
attorneys were of one mind on this
point-that no jury could be secured
in Renville county for trying the
case for the reason that the SUM-
moned Jurors would be prejudiced
either for Olivia or for Bird Island.
and were such a jury secured an
agreement would probably never
be arrived at. and as result it
was decided to relieve the county Of
the big burden of calling several
special venires of jurymen, and
then. in the end, secure no agree
ment by taking the case out of the
| hands Of the jurors and submitting
the question of both law and fact to
Judge Powers good Judgment.
The question Of fact, which a jury
would have been called npon to con-
slider was as to whether there was
a sutficiency of publication. e., as
to whether or not Henry Kelsey of
the Olivia Times purposely omitted
the first publication of the notice
calling meeting of the commission
ers on the Bird Island petition from
his paper on the week that the no.
tice was handed to him for publica-
ton. .- .a.
The injunction proceedings
brought by the Bird Island BOOM
ers seeking to restrain the commits
sioners from acting on the petition
of the Olivia boomers was also laid
over until tie special term of court
on Dec. %. This, however, was
not done, however. until after some
parleying between the attorneys on
Wednesday. 1t is claimed. and
Judge Powers SO understood it.
that when the attorneys stipulated
that the Kelsey problem was to be
tried at a special term of court on
Dec. 18th, the motion to quash the
injunction proceedings was also to
20 over-ia fact, the action on the
injunction case was to correspond
with the action on the Bird Island
petition. Shortly after dinner Wed
nesday. after all of the Bird Island
boomers, with the exception OF At
torney McClelland had left for home,
Lieut.. Gov. Smith, fori the Olivia
crowd wanted to know what dis
posal the court was going to make
of the case. Mr.. McClelland, in
very heated language, stated that it
was understood that it was to 90
over. Mr.. Smith stated that he did
not SO understand 1t.
when we stipulated that the
other case was to 60 over it was un-
derstood that the case was also to
60 over, retorted Mr.. McClelland
very hotly. ..
Il did not so understand it," re-
piled Mr.. Smith.
1T was understood by your side
distinctly. -H.-
THAT is the way I understood
it, put in Judge Powers land the
cases will be removed from the cal
endar for this term of court, Mr.
Clerk. y ID. a -a
Il wish it distinctly understood
that l was not party to the agree
ment to have this injunction case
continued, !" replied Mr.. Smith.
Il say again, and say it emphat-
ically that it was so expressly un-
/ derstood, came back Mr.. McClel.
land, as he brought his hand to the
table, and his face grew red. a/
Gentlemen, the matter goes over
I advise you to retire to your con
sultationrooms for further discussion
of the CASE were the closing word!
of Judge Powers, and both attor
neys pulled in on what was liable II
be more than legal encounter. p
The case of the Minnesota Thresh