Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-05-24
INTERESTING BIT OF HISTORY
RELATIVE TO THIS CITY
Brought Out by the Testimony of James E. Babb
in Recent Suit in the
District Court

eases in the annals of the history of
the district court in this county is the
ease of Mary A. Fountain. plaintiff. VS..
The Lewiston National bank, defend
ants, and G. W. Thompson, intervenor.
Bender & Lingenfelter are attorneys for
the plaintiff and James f. Babb is at
torney for the defendant b. F. Tweedy
is attorney for the intervenor.
The case was just recently tried in
the district court before Judge Steele
and thirty-five witnesses were exam
tned. AT present the attorneys for the
plaintiff are preparing brief to be
submitted to Judge Steele after which
the attorney for the defendants have
ten days also to submit briefs. The
case involves the title to valuable land
part Of which is located in the city
limits and at the present time has a
large monetary value. In brief the
case is being fought by the plaintiffs
who sue for possession on the grounds
that a good title still remains in the
hands Of the heirs of the alleged owner.
The real point at issue is the right of a
mortgage to acquire title and possess
sion of proverty without foreclosure
proceedings. The property was orig
hally owned by Mary Mcqueen. now
deceased, who mortgaged the same to
the defendants in the suit, The Lew
lston National bank. According to the
evidence the defendants allege that title
BY consent without foreclosure pro-
eeedings was received for a further
money consideration from the deceased.
The plaintiff alleges that such Is not
the case The land involved comprises
$40 acres. eighty acres of which the
defendants sold to G. W. Thompson.
The balance was sold and turned over
to Portland syndicate Of which mem
Ders of the defendant firm are asso-
efated.
While there are peculiar points of
Aw, involved In the case. there was
also much interesting testimony given
which applies to the early history OF
this city. Perhaps one Of the most in
eeresting bits Of history In this respect
vas brought out by Attorney James f.
Babb, for defendant. who went on the
stand In behalf of his clients in order
- bring out what the relative value OF
property Vas At the time he came here
n 1898 and the value of property at
the present time. The point was to
snow more particularly that at time
when the market value of the property
m question was at low ebb that
plaintiffs mother who owned the prop
srty was glad to receive a sum SUM-
eient In satisfaction for the land at the
time the alleged deal was made trans
ferring the property to the defendants,
nut now that the land had advanced
materially in value that plaintiff Is en-
deavoring to practically secure possess
SION through technical points of law.
The Testimony as given by Mr.. Babb is
Herewith given in part.
desire to state that in June, 1892.
whhn came to Lewiston, Idaho, there
was not a completed residence on the
hill n lewiston. There was a founda-
ton or some portion OF a residence OF
ane Richards. in some state of con-
struction. 1t was down close to the
hill. lust back Of Main street and is
located between Second. l believe it is,
and Third avenues. as they are known
ROW.. The city cemetery at that time
was lItIuCuIdtcly at TIE tOD OF F1IVn
street grade. where what is known as
the park is located. That was full of
graves and grave stones. Across the
Snake river. in what is known as Vine
hnd, stretch of two or three thou
sand acres i'm the immediate valley, d.
rectly across from Lewiston. there was
no structure over there. unless 1t was
an abandoned homestead, with perhap s
enc house of that kind standing over
there, and it was an arid waste, as well
as the lands within the city limits of
Lewiston. and all south. There was no
electric light system here. and there
was very little sidewalk in the town:
board walk chiefly up Main street, and
that was mostly very loose. badly worn
and pitched. There were very few busi-
ness houses along Main street occupied.
''The houses consisted Of small frame
structures with the exception of Mr..
Bunnelrs first brick structures, Mr..
Vollmer's store. Grostein & Binnard's
store and ]. @. Monkeys store: they
were the only brick buildings in town.
These little frame buildings were quite
largely abandoned at that time, empty,
moss-covered. The business street was
hned with tall Poplar trees. and as I
walked up the Main street from the
Boat could hear the echo In the vacant
buildings Of my feet upon the -planks
OF the sidewalks. az I passed along. At
night there were no lights In the BUSH
ness buildings not occupied. and being
no lights on Main street. it was abso-
Gtely dark.
The water system was just being
Oplp{eeed. The streets were not
spefnkled0and' IL q person held a con-
wersItfon. walking along the street in
the summer, they would grit the dust
and sand In their mouth. The only
means Of getting in and out of town
was across the ferries and IL you didn't
Ret there before DARK xau would slaon