The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1901-06-14
PEMBINA, -. p, FRIDAY. JUNE Ia, 1901

. "A, n. D., FRI
addition to Bathgate. The lot was sold
to Currie years ago by Foster, and a
house built by him, but no deed was ever
given owing to defective title, and no
payment made. Verdict for Foster.
Hood VS.. Heller, administrator. Hood
is aphysician, and sued tor fees for SER
vices in the case of Simmons, who tell
from, third story window at Cavalier.
The verdict was directed for defendant
owing to the plaintiff not commencing
suit within statutory limits.
Walker Bros. VS.. Pembina County was
dismissed on motion OF plaintiffs attor-
ney.
MINI. Thresher Co. VS.. Hoff Bros ct al.
Suit. for payment of notes on threshing
outfit, which was returned for want Of
guaranteed capacity. This was another
Of those many suits which constantly
arise from breach of warranty. All COM
panies warrant their machines, but as
a matter of fact nearly all the conditions
Of the warrant are OH the buyer and not
the seller. Legally, the printed or written
contract which the warranty realty is,
governs in law.
Hoff Bros. found that the engines did
not have power sufficient to run the
separator, SO returned the rig and notified
the company. But according to the
warranty, there were several other things
they ought to have done, hence the suit.
The amount involved Is about s2.250,
Attrrney Engrud is the principal attorney
for the company, and Bosard Of Grand
Forks for Hoff Bros, and there are no
points getting loose with either of them.
Verdict for threshing machine company,
after an all night session of the jury.
CRIMINAL CASES.
State VS.. Hoselton. Larceny of fax.
Prisoner pleaded guilty to petty larceny,
and was released on his own recogniz-
ance. ~
State VS.. Albert Cave. Attempt at
suicide. Our readers are familiar with
the details OF the case-which, in brief,
are as follows: Cave had lived with and
worked for Armstrong near Glasston for
two seasons. Last winter there wete
rumors connecting Cave with members
of the family. Mr.. Armstrong was also
taken very i'll with symptoms which wet
reported as those of attempted poison
ing. - 81 4
Later Case purchased two ounces of
laudanum at Glasston, and walking over
to Armstrong; showed the empty bottle
and said he had drank the laudailuni.
He gave directions as to his burial and
friends. etc. Armstrong apparently did
not think much of Caves making his
home a place of suicides death and
ordered him away. But being weak
from Sickness ,-he was not able to enforce
his order. He then sent for neighbors
and for Deputy Dunlop Of st. Thomas.
Cave was taken to the latter place, and
after considerable sickness and treat
ment recovered and was taken to aiT in
this city, and has been confined here
since.
The prisoner, >on his own behalf, testi-
fled that while he had taken laudanuln,
he had not taken sufficient to cause
death; that he was familiar with the
effects of laudanum. having taken great
deal for neuralgia at a time two years
previous; that he took less than an
ounce and spilled. the rest. He had
taken the laudanum merely as asbluff,
expecting to find out who was the author
OF the stories and ru,nors which were
being circulated about him. i.
his is about the substance of the evil
dence given. Mr.. and Mrs. Armstrong
and DR.. Grant were the principal Wit
nesses for the state, and the prisoner
for the defence. Some others Of the
neighbors gave minor testimony. 81
Of course, behind this testimony there
is, a large amount Of suspicion and sur
mise, which has been rolled into stories
and statements by irresponsible parties,
but none Of these matters were gone into
in the evidence before the court, and
therefore have no place in these
columns.
The jury acquitted Cave Of the charge
preferred, but probably felt that hs had
already suffered sum cient punishinent 81
shis sickness and confinement, as, otatsids
or ownlstery, the evidence NJ praclA
&icG 4, All aoainsf hin, NV. = u.