The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-04-05
SO SAYS THE SUPREME COURT IN
THE CELEBRATED box
ELL CASE
THE REPORT OF THE REFEREE
Mrs. BOxell Might. Return to Her
Husband Were9It Not for
the Antipathy of Her
Father.

! y
that Lizzie Boxell is not guilty of con
tempt OF court because she refused to
allow Joseph Boxell the privilege of see
ing his children twice a week, as ordered
by the district court j. T. Alley who
was appointed referee, made his report
to the court yesterday, which resulted in
the following order being promulgated by
the court:
"On reading the report of the referee
herein and after argument by consent,
ordered that the order to show cause
why the respondent should not be pun
; ished for contempt of court be and the
same is hereby discharged"
Joseph Boxell. the complainant, was
| accused and tried for numbering his
father and mother at Buffalo, Mimi, but
was not convicted. His wife, Lizzie NJ
Boxell, has since been living with her
father Herbert Robinson, of Victor
township. Mrs Boxell for time re-
fused to live with her husband, and Box
ell secured his two children, but was
compelled to return them later when
the wife took the matter into the dis
trict court of Wright county on habeas
corpus proceedings. The court, however.
imposed condition that Mr.. Boxell
should be allowed to visit the children
| twice a week.
The report Of the referee discloses the
fact that Mrs. BoXell was hardly to
blame to her husbands inability to see
the children, as her father absolutely
forbade Boxell coming on his premises
The report further states that Boxel
has commenced action action against his
father-in-law for alternating his wifes
affections.
| Last summer and fall Boxell was al
lowed to see his children through a
Green on the porch, but when the cold
| weather came on the storm window with
| the thermometer 10 degree below zero
was the nearest he could get to the
! children and he was not allowed to touch
! them. Against this sort of treatment
| on the part of his wife and father-in-
law the father rebelled. and after the
matter was reviewed by the supreme
court it held that the father-in-law was
rather to blame than the wife
| 1t is understood that Mrs Boxell would
return to her husband were 1t not for
the antipathy which her father holds
| towards Boxell e1l
3 In the case OF William Baxter against
Jerry G. Coughlan the court issues the
| Following order:
Motion on behalf of respondents to
Strike out and suppress the brief OF ap-
! pellant as scandalous is hereby granted
with permission to make and serve within
fifteen days a brief in which scanda.ous
matter complained of Is eliminated on
condition that appellant pay to respon-
dents attorney $40, the cost of the mo-
| tion.'
The Objectionable matter referred to
! charges Judge Elliott of Minneapolis.
with making false statements and enter
| tanning perverted Ideas of what consu-
| tute truth and facts
The action was brought before Judge
Elliott in January 1893, to recover dam
ages from the directors of the Irish
American Bank of Minneapolis, for hav-
ing accepted a deposit of SOL, 577.7S from
Baxter, when they knew the bank was to
be insolvent. The jury awarded Baxter
| a verdict for $22,SSS.57. Later the court
granted new trial as to Directors
Coughlan and Murphy.
This seems to have disturbed Attorney
Robinson. He claims that he was not
served with proper notice of the inten-
ton to move for a new trial, and that
no copies of the stenographer's minutes
had either been served upon him or filed.
He claims that proposed amendment
to the record was submitted by him. and
| that afterward, In granting the motion
for a new trial, Judge Elliott, having the
proposed amendment in his possession,
had signed an order stating that no
amendments had been proposed that
subsequently in the order made on mo-
ton to reform and correct the record,
the court repeated the false statement,
and, before completing the order, con-
| tradicted 1t.
The following other cases were argued
and submitted briefs yesterday: Marie
| Neissen VS. City of st. Paul. E. Fl. Hall
VS.. F. A. Brown and William Sauntry.
H. J. Rudd VS.. Osman Fossen, dis
missed: g. S. Brown VS.. Warren Pot
ter