Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1903-08-06
DECIDED N C|IYS FAVOR
CITY WINS SUIT AGAINST
HALL FOR A
ROAD.
>COURT DECIDES IT WAS USED
OVER TWENTY
YEARS.

The case of the City of jamestown
VS.. William Hall was taken up in dis
trict court this morning. The case
is one over disputed right to road
leading northwest of Jamestown.
The road runs through land owned by
Mr.. Hall in northWesterly direc-
tion. The sections crossed are % and
26 and Mr.. Hall claims the city has
no right to use the road. The city
claims that by reason of the road
having been used as public highway
for more than 20 years prior to 1897.
Mr.. Hall fenced some of his land
some time ago and further use Of the
road was out Of the question. The
City brought suit against him to Sc
cure title to the highway. The city
is represented by Thorp g. Thorp and
S. E. Ellsworth represents Mr.. Hall.
The first witness. called was Sur
veyor Conn who told what he knew
about survey he had made of the
road in question.
Archibald McKechnie was the next
witness. He testified that the road
had been in use since 1872. 1t had
been used by the soldiers at Ft. Tot
ten and others in the early days.
MI. McKechnie was sheriff Of Stuts-
man county from 1872 to 1889, with
the exception Of one term, and he
had used the road frequently in his
official capacity. In his testimony
ne told Of the location of old Ft.
Seward and the roads leading west
and northwest of the city in the
early days. The old fort was just
south of the residence of Alto Brown.
The soldiers used the road across
the Hall land on going to Ft. Totten
after 1875.
A. W. Kelley testified in regard to
the use of the road but was not cer-
tain as to dates.
James Buchanan testified to the
use of the road by the travelling puo-
lie for many years.
Saturday evening the trial Of the
case OF the city IS. Hall, to secure
possession of a road leading northwest
of jamestown was adjourned to Tues
day. as Attorney Ellsworth had some
legal business to attend to at Caring
ton. One of the most important wit
nesses SATURDAY. was James Lees, who
came to Stutsman county in 1872 and
was mail carrier between Ft. Sc
ward and the Missouri river. He
had travelled over the road in 1872
and it was used by all having busi-
ness north of Jamestown.
Owe Johnson had Travelled over the
road since 1882 as had also o. St. C.
Chenery. J. J. Leisch also testified
to the use of the road.
William Hall was the first witness
called in his own behalf. He testi-
fed that the people did not follow the
tame road all the time. They crossed
the field but made new roads IRE
luently.
Mrs. Nichols corroborated the testi-
mony given by Mr.. Hall in regard to
the roads.
The taking Of testimony in the case
was continued today. At noon Judge
G]aspell, Stenographer Rose and At
torneys Thorp and Ellsworth went out
to view the road.
Judge G]aspell rendered decision
late Tuesday afternoon in the suit Of
the City of Jamestown vs.. William
Hall to compel the latter to remove
Instructions from the road leading
northwest from the city. The court
decided in favor Of the city. Accord
ing to the decision rendered the road
has been used as public highway for
over 20 years by people going to and
from the city and has therefore be-
come the property of the city. Mr..
Hall is ordered to remove the fence
he has placed across the road and it
will be open again to the public.
The road leads northwest from the
city to Highland Home cemetery and,
previous to being fenced, was used by
many people coming into the city
from the northwest.
It Is understood that Mr.. Hall will
appeal the case to the supreme court.
California Eartnquake o,,se~.
San Francisco, Aug. An earth.
quake shock lasting nearly thirty sec.
onds was experienced here at 1O:3O
p m. The quake was OF the longest
duration in many years 1t was not Of