The Wahpeton times. [volume] (Wahpeton, Richland County, Dakota [N.D.]) 1879-1919, 1905-07-06

Judge Lauder held with the city.
Miss Weston then appealed to the
supreme court, the records were
printed and sent up. In that CO. art
last March proceeded to get aside
the appeal and at the hour set for
the argument of the same, her at
torneys stipulated a dismissal,
which brought the case back to
the district court. In the mean,
time the defendant moved one of
the houses onto another location.
in order, as believe, to make my
description in the complaint in
effectual therefore made a mo-
tion before Judge Allen to be al
lowed to ammend the complaint to
cover the house in it's new location
and took judgment against both
places declaring them to be COM
mon law nuisances and forever en-
Joining the use of said houses az a
house of i'll fame. The court fur
ther issued a personal Injunction
against the defendant forbidding
her, her agents and employees from
running or being in any manner
connected with running house of
i'll fame within the jurisdiction of
the city.
l have been unable to make ser.
vice on the defendant of this per-
manent injunction to date, but pro-
cess has at my orders followed her
hundreds of miles.
The expense has been great on
the defendant. She had to pay all
costs aud the expense of the city
printing the abstracts and briefs
on appeal to the supreme court.
This is the reason the city has not
been called on for cash to carry on
this litigation. Had not been sue
cessful always, part of the costs,
at least, would have been taxed
against the city, as it is, she has
paid all the costs.
believe both of her houses are
now closed to the public and have
been for several weeks. Injunc-
tions were served on all living
there, and am informed that the
inmates all Immediately decamped.
have been notified by the de-
fendant's counsel aud ordered by
the court to shoW cause why the
judgment in this case should not
be set aside and the defendant al
lowed to answer the complaint az
it read before amended. We may
be starting on another free ride to
the supreme court.
against Cora Berry and Joseph
Gleason. Upon stipulation, this
case was to abide the judgment of
! the supreme court in Ruby Wes-
toms case. l have reticed it for
trial at the pIesentn rm of the dis
\ t!ict court: which has been ad-
jonrt1ed to September, before this
case was reached, at which time it
will be tried.
In this case the court issued r..
strainlng orders at my request for.
Dldalng the defendants to carry on
thelr unlawful business until fur
ther orders of the court, which
means until the city is defeated or
until permanent injunctions issue.
A man was brought into my Of
hce recently who wished to swear
to lot OF things not usually seen
in print, aud made an affidavit that
Cora Berry had violated the iniunc-
ton OF the court. 1 applied to
Judge Allen for bench warrant
and had her attested. The com.
Elainant fled aud left me holdina
.IS ooSA WltAOut spoonful OF eVl.
dence except his affidavit on which
the bench warrant was issued. She
procured counsel and was advised
to plead guilty providing l would
recommend leniency to the court
This was only too anxious to do
under the circumstances, and &C
cordingly did. The court fined her
$25. 100 and costs. l have collected
the fine and used part of it in dis
bursemeuts in both cases.
1t is extremely difficult to get
proof in this class of casee, inf1n-
itely more 80 than prosecutions
under the prohibitory law, but my
purpose is to proceed unrelenting-
ly in these cases, taking such testi-
mony as is possible to procure,
poor though it may be, and in time
l can and will close up these three
places by making it too hot for
comfort therein.
Respectfully Submitted,
GEO. +. WALLACE.
City Attorney.
Motion carried to adjourn.
+. B. SCHNELLER
City Auditor.