Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1903-01-08
DISTRICT COURT OPENS
TERM OF DISTRICT COURT BE-
GINS FOR STUTSMAN
COUNTY,.
o. H. BENNETT GETS A YER
DICT-NUMBER OF CASES
SETTLED.
SEVERAL NEW LAWYERS LP.
PEAR IN COURT-JUDGE
LAUDER CALLED IN.


District court opened Monday morn
ing at the court house, Judge Glaspell
presiding. The calendar was called
and it appeared that there were but
three cases on the civil list for jury
trial. The case Of John Mooney VS..
Oliver HI. Bennett, was called first.
The defendent was not present and
Attorney ThrOp asked for time. The
court remarked that perhaps the suit
would be finished sooner that being
the case, but decided to give the de-
fendant until the afternoon to get
there.
Judge Rose stated that he would be
ready to take up the criminal cases
after the civil calendar was finished.
Another Judge will be called in to
try three cases, clients desiring that
this be done.
At opening of court Tuesday morn
ing three men were arraigned on
criminal charges. Sullivan, whose
preliminary hearing took place before
Justice of the Peace Pearson, few
weeks ago, pleaded mot guilty'' Of
criminal assault on his ten-year old
step-daughter. Two men named Sick
and Fret, charged with keeping
blind pigs, were given the statutory
time of twenty-four hours in which
to plead.
An affidavit Of prejudice having
been filed by defendant in the action
of G. E. Van Dusen against B. f..
Bigelow, it becomes necessary to try
the case before a Judge from another
judicial district. Judge Lauder of
Wahpeton is in the city for this pur-
pose, and the case is expected to be
heard at the conclusion of the one
now on trial.
-- In the case Of John Mooney VS..
Oliver H. Bennett, the defendant
continued with the introduction Of
testimony. This is the case in which
the plaintiff claims that he was en-
titled to one-fourth of the flax raised
on land leased by him to Mr.. Bennett
for the season Of 1901. The defend
ant admits the existence of the lease
and that there was produced that
season about 457 bushels, but claims
that this was small crop, consider
ing the amount Of land under culti-
walton. In view of such partial crop
failure and in consideration of the
defendants leasing the land for the
next year, he says that the plaintiff
agreed to release all claims to the 1901
nd
tract. Mr.. Benefits version of the
matter is supported by two witnesses
who testify to admission by Mr..
Mooney in conversation with them.
Mr.. Mooney, who says that he is
about "a or IS years old, and who is
well known as one OF the substantial
citizens Of this county, while admit
ting that his memory is not so good
as it was thirty years ago, absolutely
denies making the admissions charged
to him or that he ever agreed in any
way to release his share Of the flax
crop.
The examination of plaintiffs wit
nesses was conducted by w. A.
Martin, of the law firm Of Martin &
Backus, and his case is argued by j.
W. Carr. The defendant is repre-
sented by Thorp & Thorp.
This afternoon Judge Glaspell de-
livered his charge, and the case is
now in the hands Of the jury.
A number of cases were settled
without trial yesterday which will
cut down the court term cOnSidera bly,.
The case of Frank Blonga VS.. Sheriff
Eddy, was continued by stipulation
to another term and the case Of S. X.
McGinnis against r. B. Moses for
damages in the matter of rent for a
building for meat shop was also
continued, as were the cases of Ham
ilton VS.. Nurnburg, and Naleria Joos
against the heirs Of j. NJ. JOOs. The
case of McNulty VS.. Mckenzie was
settled. 1t was in regard to the
possession OF a horse.
Among the new attorneys at the
bar are MesSrs BackuS & Martin.
Kneeland and Carr, all gentlemen
who have come to practice their pro-
feSsion in the city within the last
year. Mr.. Martin appeared in his
first case, Mooney VS.. Bennett
After being out an hour and half
Tuesday afternoon, the jury returned
a verdict for the defendant in the
case of Mooney VS.. Bennett.
This morning the case OF G. E.
VanDusen VS.. B. F. Bigelow, was
taken up before Judge Lauder, the
plaintiff being represented by E. NJ.
Sanford and the defendant by John
Knauf. Mr.. .knauf asked for a jury
trial but his motion was denied, the
court ruling that it was case to be
tried by the judge alone.
Mrs. VanDusen, the plaintiff, who
now lives in Chicago was, up to last