The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1904-05-06
EVIDENCE ABOUT ALL IN
Defense Will Complete Its Case To-
day in Paving Case.
Case Is Being Hard Fought in the
United States Court.
Both Sides Present Their Evidence
TO Judge Lochren.
Arguments Will Be Made in st. Paul
Later On.
From Saturdays Daily.


with the taking of testimony in the case
of the Barber Asphalt company against
the city, and an effort is being made to
get all of the testimony in today, so that
Judge Lochren can return to st. Paul
on the As p. IN. train and not have to
come back. 1t has been agreed that
the arguments will be submitted in st.
Paul week or two hence, written briefs
to be prepared in the meantime. This
arrangement was more convenient for
Judge Lochren than to return to Man
kato next Monday.
Judge Lochren took a stroll over to
Broad street last evening to look at the
improvement, the payment for which is
now being contested by the city. While
he did not express himself, he seemed
to be pleased with the appearance of the
street. However, it is conceded in the
case that the pavement is a good one,
no point being made that the company
did not fulfill its part of the contract.
Yesterday afternoon, Superintendent
Mclaughlin completed his testimony,
and c. NJ. Carpenter was recalled.
W. d. Willard, cashier of the First
National bank, testified that the certi
fcates of indebtedness of the city are
worth par.
The plaintiff rested its case here.
The city called Mr.. Bell, representa-
tive of the Conway Paving company of
st. Paul, that uses land asphalt. The
greater part of the evidence sought to
be introduced through this witness was
ruled out ON objections by the plaintiff.
He was allowed to say, however, that
the specifications upon which bids were
received excluded trinidad land asphalt.
City Recorder Hodapp was called for
the purpose of introducing some records
in the case.
d. " Williams, the former city re-
corder, gave testimony as to the financial
condition of the city at the time the
contract was awarded, and told of con-
versations had with Pfau & Pfau.
Mr. Taylor admitted that Pau &
Pau had been consulted frequently in
the case during the spring and summer
of 1902, but did not admit that they
represented the company. Mr.. Clark
said that he would undertake to prove
that this was the case, and that they
were present at and participated in
hearings, to show that the company had
full knowledge of the tendency of the
Diamond suit.
Deputy County Auditor c. L. Kennedy
was called to show the assessed valua
ton of the city in 1902.
Adjournment was taken until this
morning.
ing, when he produced the original files
of his office to prove the assessed valua
ton of the city.
Mr.. Carpenter was called and stated
that he had employed Pau & Pau to
look after the interests of the Barber
company and he had endorsed the bill
and the company had allowed it. He
had also authorized the city officials to
secure any assistance they wished and
when the bill came in from w. n. Ply
mat he had Endorsed it and the company
had allowed it. He invited the attorneys
for the city to question him as closely
as they desired.
]. A. Flittie and H. L. Schmitt testi-
fed to the appearance of Pau & Pau
at the various hearings during the
course of the Diamond litigation.
Assessor Jordan, of the board of public
works, testified as to the circumstances
attending the signing of the contract.
President Porter and Engineer Thomp-
son, the other members of the board,
were called and gave similar evidence.
This closed the evidence in the case,
and one deposition was offered by the
plaintiff. 1t was made by New York |
paving expert named Richardson, and
asphalts. He said that Trinidad lake as
phaIt takes less petroleum to mix with |
it than other kinds.
The plaintiff had a number of other
dispositions, but did not submit them, |
as there was not much contention over
this feature of the case.
he
lation to the Patterson injunction case
The case will be argued in ST.. Paul |
next Thursday, and a decision is expect |
ed at that time. All of the attorneys |
for the city will be there, and the argu-
ment may last more than one day.
Whichever side wins, the case will |
probably be appealed to the United |
States court of appeals. The next ses-
sion of that court will be held at st. |
Louis in the fall. There is some ques-
tion whether it is case that can be ap-
pealed to the United States supreme
court from the court of appeals.
The case has been well conducted on /
both sides. The attorneys for the city
did all that was possible. Mr.. Taylor,
who conducted the case in great part for
the plaintiff, won favorable comment up
on the manner in which he conducted
that side of the case.
Judge Lochren adjourned the term and
took the noon train for st. Paul. !