Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1901-07-11

the wagon. This was after the cattle
deal had fallen through, Brosche hav-
ing failed to deliver the animals. AS
cattle had gone down in price Wolf
was not very much annoyed over the
turn affairs had taken.
When BroSche was put on the stand
he told of the cattle deal with Wolf
and the later transaction by which he
secured the wagon he alleged to have
been stolen. He said he went to Me-
dina in the day time and took the
wagon, concealing his movements
from no one. Wolf and he had talked
the matter over in a friendly manner
afterwards and he was not accused OF
having stolen the wagon.
DODGE SUIT.
At l 80 Tuesday morning jury in the
Jacob Brosche case brought in YER
dict that defendant was not guilty OF
grand larceny. The case went to the
jury at 4 O'Clock Tuesday and the jury
is said to have had a lively session be-
fore bringing in verdict. Attorneys
Thorp & Thorp appeared for Brosche
in the case.
A jury was secured Tuesday after
noon in the case !of E. S. Dodge VS..
Northern Pacific Railway Company
and trial of the case begun, the plain
tiff being represented by Attorneys
Knauf and Ellsworth and the defend
ant by Attorneys Watson and Conk-
lin. Mr.. Dodge sues to recover $4,000
for horses, grain, hay and cattle burn
ed in a fire which destroyed his barn
near Edmunds. He alleges that the
fire was set by an engine on the south
bound Jamestown & Northern train
on the night of September II, 1899.
In suit to be tried later Mr.. Dodge
sues for the value of the barn.
E. S. Dodge was the first witness
sworn. He testified that on the
evening previous to the fire there was
no fire in the stoves in his house. The
house is located northeast l30 feet
from the barn. The wind blew from
the southwest during the day ana
when the fire was discovered was
blowing from the west. The James
town & Northern track is about 2lO
feet from the place where the barn
stood The witness was awakened
that night by the heavy putting OF the
engine of the sOuthbound train From
the sound OF the putting he thought
the train was stalled. He got up to
close some windows. In closing some
of the windows he noticed sparks some
an inch in diameter flying past from
the engine. He noticed that the
train was moving slowly and the
sparks were flying as high or higher
than the barn. He went to bed and
later in the night was awakened by
one of his children who said the barn
was on fire. When discovered the
main portion of the barn was nearly
destroyed and the other portion was
on fire. Mr.. Dodge succeeded in
rescuing a COW. His little boys were
sent to Edmunds for help as it was
feared the wind might change and
drive the fire in the direction of the
house.
Mr.. Dodge was subjected to a rigid
examination by IAttorney Watson as
to the value of the grain, horses and
hay destroyed.
Geo. Conn testified that he had
made survey Of the Dodge residence
and barn. He submitteda a plat show
ing that the foundation of the burned
barn showed that building to have
been before the fire located 256 feet
from the center of the jamestown x
Northern railroad track.
Mrs. E. S. Dodge testified that she
was aroused on the night OF the tire
by the j. & n. train going south. She
noticed that there were great many
sparks flying from the engine. Dur
ing the day there had been no ire in
the house excepting in the morning.
No ashes had been emptied and no
lamp or lantern had been used in the
barn. She retired between S and 8
O'Clock on the night of September II,
1899.
C. f. Walters testified that on the
night of September II, 1899 he return
ed home late having been delayed
making necessary repairs on thresh-
ing engine. He noticed the j. 4 n.
train going south. He saw that the
engine was throwing out great many
sparks. The wind on that date was
ir the west.
w. Wescom testified that he
thrashed for E. S. Dodge in the fall OF
1899. His testimony was as to the
amount of grain thrashed and the
value of the horses that had periShed
in the fire. He thought a horse in
the same physical condition at Is
years of age as at the age of 10 had
deprecated in value 10 per cent.
Dan Hamilton testified to the wind