Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1902-01-16
WAS COSTLY BITE
John Puth Who Bit James DeImOre'S
Finger Must Pay $50 and
Costs.
Jury Found Verdict for the Plaintiff
After Two Hours Deliber-
alton.
Evidence in the Damage Case Which
Has Attracted Atten-
tiOn.

The jury in the case Of James Del
more VS.. John Puth brought in ver-
dict for DelmOre in the sum Of $l5O
and the costs are to be paid by the de-
fendant also. The jury was out but
two hours. Judge Glaspell instructed
them to find for plaintiff in mini
mum sum.
Trial in the case of James Delmore
VS.. John Puth of Adrian, for $500
damages for injuries inflicted in a
fight near Adrian last September was
begun in district court Thursday. The
plaintiff in the action was the first
witness. He testified as to the Cir
cumstances under which the scrap
took place. The plaintiff was driving
a team attached to a bundle wagon
and John Puth was owner OF the
threshing machine on which Delmore
was employed. The plaintiff drove
the team over a portion of an attach
ment to the engine and injured It,.
The damage did not amount to very
great sum but Puth, who was acting
as engineer, became angry and de-
manded that Delmore repair it at
once or take beating. The plaintiff
said he did not want to fight, but
Puth attacked him and in the scrap
pounded his face badly and bit one of
his fingers. This bite resulted in
much discomfort to the plaintiff.
Attorney Roderick Rose subjected
the plaintiff to rigid cross examina-
tion regarding the affair and the ex-
tent of his injuries. Plaintiff said he
worked after he received the INJURIES
but could not say that he did his work
as we'll as before. He was obliged to
have physician attend to his injur-
les. Thorp & Thorp represent the
plaintiff.
The testimony of Mr.. Delmore was
corroborated by Witness Officer who
told the story of the beating Delmore
had received at the hands of Puth.
He said Puth was the aggressor.
DR.. Sifton was called and gave evil
dence as to the alleged bite received
by Delmore. He said it was bad
finger and was probably caused by a
bite.
John Puth, the defendant, took the
stand. He claimed that Delmore was
starting after him when he met him
and engaged in battle to settle the
question as to who was the best man.
He succeeded in getting Delmore
down and held him there until he said
he had enough, Puth testified that
as he was getting up, after Delmore
said he had enough, Delmore kicked
him in the stomach. Puth said he
then grabbed Delmore's legs to pre-
vent him from kicking him further.
Witness said he also told Delmore he
had a good notion to ''kick the Dick
ems out of him."
Witness Dawes had been brought
from Harvey and his fare was paid by
Puth. He was working on Puth's
machine when the affray between
Puth and Delmore occurred. Witness
said the quarrel began by Puth asking
Delmore to come down off the wagon
and get licking, Delmore would not
come down then but later did SO.
Puth went over to where he was and
struck him. Delmore clinched but
Puth got the best of him and they
went to the ground, Puth being on
top. Someone asked Delmore if he
had enough and he said he had. Puth
then started to get up and Delmore |
kicked him in the stomach. Puth |
grabbed Delmore by the legs. Wit |
ness did not notice any injury to Del
more's face except on the neck where
the skin was broken. He saw no
blood. Delmore worked with him
several days after that He said he
had never told Puth what he would |
testify on the stand.
The next witness said his name was |
Malcolm A. Henderson and that he |
was brOther-in-law OF Puth'S. He |
was separator man and said he did
not see anything of the scrap up to
the time Puth had Delmore down.
he told Puth: Don't strike him.
He did not notice if Delmores face
was injured, although he talked to
him after the scrap. Henderson
seemed to know but little about the