The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-04-11
NORTH DAKOTA
CUMMINGS HAS
NOVEL DEFENSE
BUCKETsHoP PROPRIETOR AN
sWERs TO SUITS.
Customers, He Says, Are Not Entitled
from the Nature Of the Business
Transacted to Any Consideration
Great Falls Man Sues Plunger in
Fargo Court.
Special to The Journal.

Special to The Journal. -
Fargo, N. d., April IA suit was COM
menced in the district court In this city yes
terday by William Rickter of treat Falls Mont,
against A. j. Cummings & Co., grain and, stock
brokers with offices in this city and headquar-
tiers at st. Paul. The amount involved Is 81 ,27O.
In the complaint it Is set up that Rickter,
the plaintiff, deposited with; A. j. Cummings
having appropriated to his own use. The deal
is said to have been made at Great Falls Mont,
where A. j.. Cummings has branch Office,
which was subsequently conducted as the West
ern Grain and Stock Exchange which change
Of name, so the complaint charges, was for the
purpose Of defrauding the depositors and other
creditors. r.-" >as-. e.. 80 ,.,,
An illustration of Cummings methods is given
in the case of George E. De Neen of Cumber-
land, Nd, who came on from Pittsburg sew
eral months ago to file a case against him IN
the United, States circuit court at St. Paul.
De Neen desired to buy Brooklyn Rapid Transit
stock thru Cummings, but subsequently found
chase at all, but kept all the deposits. 49,
Operated in the East. 81
Cummings also went to Buffalo, NJ, y, and
Detroit, Mich, and opened a brokerage business
similar results in both Of these places, and
one H. H. Hartsock has commenced suit for
81, $40, making the same charge Of embezzlement
made in the De Neen case. Mr.. .Hartsock also
$500 to $1,000. All Of these cases are pending
in the United States court in St. Paul. = :
After this record Mr.. Cummings went to
Great Falls, Butte and Helena Mont, and it was
at the Great Falls office that the transaction
recited by Rickter Is said to have occurred.
Mr.. Rickter's' representatives have been trying
to locate funds of Mr.. Cummings in banks.
but have been unable to do so. and garnishment
proceedings have been commenced against his
local representative. 1t seems that all funds
are kept in the hands Of his local managers
to avoid trouble Recently Mr.. Cummings opened
at Salt Lake City and Ogden, Utah. and at
Boise, Idaho, doing business under the name
Of G. v. Cummings.
Cummings Defense.
The sensational part. Of the story, however,
lies in Mr.. Cummings answer under oath, in
the De Neen case, in which he says that he
was only running "bucketshop,' or a place
where bets We're made the rise and fall of
the market. and that all of his. customers are
not entitled to any consideration. - :.
The language of the answer is such bold
declaration that it has created great surprise
among the persons interested in the CASE, 1t
Is follows: -. j., Il 49,
The said copartnership was organized for the
purpose Of carrying bucketshop, so called.
that said business consisted In wagering with
other parties upon the future price quotations,
On the exchange of stocks grain and other prod
ucts compared with the then prices thereof and
belief, defendant ayers was at all said dates and
times fully known to the plaintiff, and upon POI
information and BELIEF defendant denies that the
plaintiff ever had any business Or dealings Of
any kind with this defendant and his associa ties:
or any Of them. but AYERS that II he ever had
each and all of such business and dealings were
as plaintif and all parties to such business and
dealings fully understood and agreed mere wagers
upon the future prices quoted on the exchanges t
products as compared with the then quoted prices
thereof, and wherein and whereby no actual pqr
f he oth pafy Tec civ s one
agreed price and the market price at 1uture
the one pnrtys to bear the risk OF q rise and
the other Of a fall in price.
Cummings advertises that he is a member 81
fhe Minneapolis Chamber of Commerce, and that
his stock trades are placed thru one of the Min
neapolis houses, which has seat in the New
York Stock Exchange g., 49, 81:
>. Vendor Of Malt Serves Term. =.
! The first man to be caught under the ruling
| in this state that man who sold malt con
| tanning any percentage Of alcohol was violato
Of the prohibition law has just been released
from Jail. He was P. O.: Peterson, VINO con
ducts a general store, at Chaffee.. He had solo
| Peruna and Tame Moose as bitters and malt
and as the malt did not contain per: cent 20
alcohol he thought he was not violating the law
| Complaint was made against. his place ana M
arrest followed. He was convicted and Judg
Pollock not only gave him the usual ninety days
! but also fined him 1000 and the costs, whic
amounted to about $500 more. -: :,
! "A new rullnS on IL cuduSe VI FSLuS was Aiou
by Judge Pollock, and involves a fine point o
law Suit was brought by the First Nationa
bank of Casselton against Roy Stevenson a
maker and Henry Erickson indorser of som
notes Service was made on both men, Stever
son did not respond and just before the tim
was up to file an answer, Erickson ASKED
| change of venue to his home in McHenry county
The plaintiff strongly opposed this. holding tina
both defendants would have to unite In sue
la motion. The court overruled the content1o
and granted the change. Forty other cases WEI
: involved in the same decision. - =
The government Is going after travelling me
! who made proofs on homesteads over the stat
: An action has been started against Matt c.
mitsch. a well-known Fargo travelling man.
have his patent to land in Ramsey county cal
celled It is asserted that Camitsch did nj
5 comply with the law as to residence. and
perjury charge is involved. Dozens of simil
: cases will be brought.
4 49, -.s,1...