Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-12-03
THE WASHBURN CASE.
Trial of the Suit Against General
Washburn Completed This After

Trial Of the Suit Against General
Washburn Completed This After
noon.
The entire time in the district court
at it's session yesterday was taken up
with the suit of J. F. Philbrick and
A. T. Patterson against the Bismarck,
Washburn and Great Falls railway
for the sum of $1,000 for legal serv-
ices performed in connection with Sc
curing the right of way through Bur
leigh county for the railroad, in the
summer of 1899. J. F. Philbrick, one
of the plaintiffs in the action, testi-
fed to the amount and value of the
services performed, the condemnation
cases that had been brought, and the
conversations had with General Wash
burn which he held to be an authori-
cation to proceed with the work in
the matter Mr.. Philbrick stated that
he was given to understand that he
was employed as an attorney for the
road in this matter. He was ON the
stand during the entire forenoon and
part of the afternoon. Mr.. Patterson
also testified to services performed
by him in connections with Mr.. Phil
brick and stated his understanding
of an authorization from General w,
D. Washburn to proceed with the
work. e. s. Allen and T. R. Mockler
were placed on the stand to testify
as to the reasonableness of the charge
made for the work done, which they
stated was reasonable fee. At the
close of the case for the state Attor-
ney Watson for the defense moved to
dismiss the case and direct verdict
on several grounds, the principal one
being that no evidence of contract
with the plaintiffs had been shown
and that they could not maintain a
joint action to recover. The motion
was denied. General w. d. Wash
burn was the first witness for the de-
tense, and he denied having entered
into any contract or authorized the
plaintiffs to- proceed with the work.
He said it was agreed that the citi.
zens Of Bismarck should obtain the
right of way free of cost to the road.
He understood that the plaintiffs
were working for the citizens COM
mittee and while he consulted with
them as to the progress they were
making, he did not authorize them as
attorneys for the road. He denied
having ever had any conversation
with Mr.. Patterson regarding the
right of way suits as he did not know
he was doing any work in the case.
General Washburn was on the stand
when court closed for the day.
This morning the testimony of Gen.
eral Washburn was finished, and the
defense called w. A. Falconer, E. S.
Allen, J. P. Jackson and G. D. Edick
to testify regarding the alleged un-
derstanding that the right of way was
to be obtained by the citizens of Bis
marck. After some testimony in re-
buttal the case went to the jury this
afternoon.
This afternoon the case went to the
jury. The murder case against Colt
Heb Sievert of Mclean county, who
is charged with shooting his wife,
was then taken up. States Attorney
NcCulloch of Mclean county is prose-
cutting and Attorneys Otto Grethen
and F. H. Register are defending
Sievert. The work of impaneling
jury was in progress at press time.
A number of witnesses for the de-
PENDANT arrived in the city last even
ing to testify in the case.