The Bottineau courant., 1903-06-19
trhe Court Calendar Cleared
Since Our Last Issue.
COURT ADJ0UR,NS TO July s
When v Then Motions for New 81 Trials in Some
Cases viii bs Heard Barney Qua
Cats Ninety Five Days. s..

5 StS OhnOABS Civ tOOun w lUOiudy0Ty was
called Friday. This suit was brought
to obtain judgment on note of $500.
The plaintiff called Ben Rae who tes-
titled that the defendants signed the
note In question in his presence. He
said after he got the note he sold it to
Andrew Torno for $500 to apply on
the purchase price Of Torno's land. On
cross-examination he said that he told
plaintiff that he obtained the note
from Timer and Whittmayer as pay
ment on some land that he had sold
them. He said he sold the note to
plaintiff on Nov. 80. 1901.
Andrew Torno testified that the
note exhibited was the one he bought
from Ben Rae and had not been paid
although presented for payment The
plaintiff rested. No defense made.
Plaintiffs attorney moved that the
court instruct jury to bring in verdict
for plaintiff. 1t was 30 ordered.
r. r. Smith vs. Fred Horning was
called Saturday morning. This was an
action to recover half the crop grown
on 9 certain farm belonging to plain
tiff. Plaintiff called defendant to the
stand. He identified the signatures Of
himself and Smith to the contract.
Witness said he plowed S0acres on this
farm for Smith in the fall Of 1900 and
received payment therefor.
Ben Kalbfeisch was called and testi-
fed that the lowest price of wheat in
1901 was fifty cents per bu. he'll
Horning was recalled and testified
that he received from 4s cents to rs
cents per bushel for his share of the
crop that year. Plaintiff rested.
Defence called Fred Horning who
said he had corresponded with Smith
in regard TO the disposition to be made
of the grain grown on this farm. He
said he placed the grain in shack
and that he did not move it. but noti-
fled Smith where it was put. Witness
said he got a letter from Smith just be-
fore harvest In which he told him to
notify Joe Frazer when he was going
to thresh and he would look after it,.
Witness said he saw Frazer and that
he could not get teams to haul the
grain. Witness further said that he
saw Smith in the latter part of January
and showed him the wheat and he ex-
pressed himself we'll satisfied and that
/ Smith then told him that Frazer was
going to haul the wheat for him and
for him to help out with two or three
loads.
Defendant introduced a letter from
Smith in which he said that Frazer had
notified him that he could not help to
bring in the wheat. Another letter
was introduced in which Smith told
Horning to haul the grain whenever
it was convenient but that he wished
i Horning could haul enough to send
him 800. Witness said the grain was
3 whore he first put it, but it was rotten.
He said he wrote to Smith and told him
that he could not haul it. He, said he
first noticed that.it was spoiled about
year ago when he went to haul it.
Witness further testified that he put in
foar days with q man and team getting
fax off the ground for which he
wanted SIS and admitted that he did
not plow back the land as agreed and
that he owed plaintiff $57 on that score.
The jury brought in a verdict Of s15
for the plaintiff.
Slate vs. R. "a. Scholfield on the
charge Of maintaining As common
nuisance was called Saturday State
called John H. Welch who testified
that he was acquainted with defendant
sand that he bought both beer and
whiskey at this hotel and had been per-
4mitted TO drink them there. On cross.
examination witness said that he was
sconfd dent that he had drank liquor in
The hotel between that dates mentioned
in the information on redirect ex-a
animation he testified that he drank
beer IA tho dining room of this hotel
during the farewell reception rendered
Tom Gardner.
Steve Westacot swaa called but tes-
tifed that lie didsnot drink any liquor
ifl defendant Il place of business be-!
81 tEveen the dates of the information
s s u a Vhite was called and said that
ns new defendant and his place oS