The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-04-24
.LUVERNE IS SHOCKED
Sensational Suits Against a Promi-
nent Implement Man.
HE WAS ASSIGNEE FOR KIRKHAM
Alleged Conspiracy to Defraud to Be
Prosecuted on revelations
OF a Principal.
special to The Journal.

Special to The Journal.
Luverne, Mimi, April 24-Three inn
portant suits were brought in the district
court for Rock county this afternoon.
Abbey, implement dealers, is the defend
ant in all of the suits with his wife as
Joint defendant in one. One of the suits
is brought by M. G. Dietrich on the charge
of mayhem; the other two by A. n. Us
born, as receiver Of j.. P. Kirkham, insol-
vent. All Of the suits are likely to bring
forth sensational developments.
The suits brought by Mr.. Osborn are
the outcome of the voluntary bankruptcy
assignment of j. p. Kirkham in 1898, at
which time Kirkham made Fender his
assignee. In making his complaint Kirk
ham alleges that short time prior to
his assignment, he and Fender entered
into an arrangement in contemplation OF
Fender being appointed assignee by
which the greater part Of his property was
to be secreted in Tenders possession,
and that after the bankruptcy proceed
ings were closed the property was to be
returned to- Kirkham less an ample re-
ward for Tenders share In the transac-
lions. After transferring the property
Kirkham alleges that Fender put the
proceeds into his own pocket and has
ever since declined to disgorge although
he has made repeated efforts to induce
him to live UP to the terms of their con-
tract At last. in utter desperation, he
decided to make clean breast OF the
whole matter and to take the conse-
auences Of his share in the fraudulent
proceedings if by SO doing he could COM
pei his erstwhile friend to give up his
ill-gotten gains. 1t was upon these dis
closures that the assignment proceedings
were again opened and the suits COM
menced by Mr.. Osborn, who had been ap-
pointed assignee in place OF Fender. 4,
The complaint says the, assignment was
made October Is, 1895; that Kirkham
turned over to Fender all Of his unexempt
property for the benefit of his creditors
that on February 6, 1896, by order of the
court, Fender was discharged as such as
| signee and A. II. Osborn was appointed
| receiver of the property assigned; that
on or about the time Kirkham made the
| assignment to Fender and in contempla-
tion of the assignment and for the pur-
pose of defrauding Kirkham's creditors,
Kirkham and Fender entered into an
agreement whereby Kirkham delivered to
Fender $1,000 in money and secretely
transferred to Fender a large quantity OF
personal property consisting Of farm inJ
plements and machinery, promissory nc/e.
book accounts and other chooses in action
in favor of Kirkham, to the value Of
| $4,000; that Fender received all of sale
property and converted the same into
cash and appropriated the same to his
own use. and that; he never accounted fol
any part thereof either to the court OF
| to his successor: ~. .
Judgment for the whole amount witt
! interest is asked
The suit in which Mrs. Fender is joint
defendant is to recover on. real estate
valued at $2,780 which Kirkham turned
over to Fender and which Fender trans
ferred to his wife.75
The case of NJ. C. Dietrich VS.. Fender
is for mayhem for which Dietrich asks
| $4,000 damages. This suit grows out O.
quarrel between the two men some time
ago during which Fender bit off part Of
\ Dietrich's, right. thumb. The cases have
4 caused a se1lsa tior! p *&,f