The Red Cloud chief., 1902-10-31
n that the court may then allow
him not to exceed fifteen witnesses.

VIZ oti'I 10 name MS witnesses aln
c%ontiue himself to the number Of wit.
nesscs the statutes provides for re
Immediately served the above notice.
giving Mr.. Potter from May Gth to
May l3'h to take his deposition $.
The Nation says Overman served him
TO late. What an excuse Potter was
served May 9Th, court adjourned until
May 18Th and Potter had nothing on
earth to- do, not even any other case,
to look alter, but take the dispositions
IN the, Heating case. Let US ask how
much notice the law If this : ate gives
II person aud what vas given Mr..
Potter to take dispositions and show il
he had as much time or more under
the law would have given him? Sec.
ton 1913 Of the Civil Code of u statute
provides as to deposition, "rhe notice
shall be served 30 as to allow the ad.
verse party sufficient time by the usual
route Of travel 10 attend aud a day for
preparation, exclusive OF Sunday and
the day OF service. Under the notice
served on Mr. Potter, we will give him
May 9th as the day Of service and
count that out, the 7th we give him
for preparation; he is now entitled to
go to Dakota county by The usual
route, Leaving Red Cloud on the
morning Of the 9Th, at 10 o'clock, on
train No. %, he would arrive in Omaha
VIA Lincoln, at 7;35 p. IN on the even.
ing of May Sth. We would not have
him hurry over to the Union depot and
get ont OF Omaha immediately which
ne could do, but will give him Il nice
hightS rest IN Omaha Leaving there
at G;l5 on the morning of the 9th he
would reach Dakota City, The county
staJ Of Dikoja county, on the extreme
eastern side Of DAKOTA county, at 1880
O'Clock ON May 0ih, 1902 W. will set
the taking of the dcposi,ipus for one
O'CLOCK on the flcrunou Of May 9th
'lme the law OF The state says he is en-.
utled TO, yet under the notice he was
given from May 6h nd to and inClud-
ing all of May l2th to take the depusi
lions. The Heating case being ny
the Courl set for trial I + May IA n,
thence Mr.. Potter could have taken de
position all of May l2th and had two
days TO have gotten back in time of
trial.
In the Heating case there were som,-
thing over fifty witnesses examined
AID the case argued in about two days,
he zee the evidence OF the eve wit
nesscs could have surely been taken in
one day but, says the Nation, the pro.
cess had been seut to the sheriff Of Da
kota county b, fore notice was served
This, we claim, is absolutely untrue,
aud we thin k the Nation has been mis-.
informed, as we do not believe the Ma.
ton would print such an unreasonable
story.
The records at the Office Of the clerk
Of the district court will show that Mr.
Potter's application was made May q
Court did not convene on that morn
ing until . o'clock and the mail for the
east was made up at 933. Overman's
notice was, as shown by the ,herit's
return, served at 4 O'CLOCK on the same |
day, May o, hence there was no mail
which leaves Red Cloud before 4
O'Clock, which could have carr led mai
To the sheriff Of Dali ota county, and,
II n letter had been mailed at any
time on May 8, all that Mr.. Potter
would have needed to have done was
to nave followed il with a letter to The
sheriff, telling him of the taking Of the
by the agreement between
he and MIR. Oyclmau. As We have
stated, me irial of the case wp
set for May II, hence 40 process 10 III,
sncli III would nave Callrd for Hiturssut
May ii.
The Nation further quotes JudgV
Adams and sets ont that Judge AdLms(
said in his remarks on the motion tor Il
trial in the Heating case as lol.
"Some attorneys might have
Ion ger aud some might have
louder than the prisoners coun.
but it seem to me that every point
has been brought out and that every.
thing could be done has been done in
he prisoners behalf"
We wish To infoim the Nation that
we agree with the opinion of Judge
Adams, that Webster county did her
duty to Frank Kea'ing. II furnished
both witnesses and lawyer, gave
a far trial before twelve honest
men, and we agree With Judge Adams
that this was en- ugh, but Mr.. Potter
not.satistied but has carried the
case 10 the supreme court aud
proposes that Webster county be
made more expense in behalf Of this
man Heating. 1t vas John Potter who
n.l ,xl h--L