Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1905-05-03
PUPILS HOLD COURT
SANDER Case Occupies Attention
Of High School Students in
Mock Trial.

:
The second annual session of the
High school court was held last Fri.
day evening at the court house with
Judge O.terness presiding, Arthur
Carlson acting 40 sheriff and Victor
Selvig in the clerk of courts chair.
As usual, the court calendar was very
short, only one case occupying the
attention OF the presiding Judge. This
one case was that of Maxi1eld Lewis,
plsintitf, vs.. Seymour Davids, de.
fendsnt, in which the plaintiff asked
for damages to the amount of 5000
for alleged slander. Attys. Porter
aud Martin appeared for the plainti Il
and the defendant had engaged the
services OF Attys. Knutson and Jen.
ness. When court had opened, Atty.
Martin moved the case mentione
above, after which the following citi.
zens were selected as members OF the
jury: Prof. Harold Powers. Ed gar
Ssther, Fred Haines, Harrison Sher.
wood, Arthur Anderson, Maurice
Nordstrom, Elmer Odell, Walter Port.
or, Robert Dram, Oscar Fridlund,
Russell Peterson and Hjalmar Sven
son.
In his opening speech to the jury
Atty. Martin for the plaintiff briefly
outlined what the prosecution intended
to prove and he also read the COM
plant, in which it was stated that the
defendant had called the plaintiff q
perjurer, much to the latter's grief
ana sorrow and the same had also
caused decided discount In the .esti:
nation OF his character among his
friends. Max6eld Lewis was then
called on the stand. His testimony
caused great deal of merriment and
even the austere jurors in the jury
box could not refrain from exercising
their laughter muscles q "wee bit. u
When cross examined by the counsel
for the defense, he was handled in q
most rough shod manner and it did
not take long before he was "up in
the air." 1t may be mentioned here
ss IN explanation that in the answer
the defendant admitted having called
the plaintiff perjurer but further.
more contended that the statement was
not slsnderous, but that it was true
In the trial held last year the plaintiff
told . few things which were later
proven to be untruthiul and it was
therefore the purpose of, the. defense
to show that the plaintiff was q per.
jurer. To this end Atty. Knutson
brought out the conduct of the witness
In last years trial. The witness de
MED being under oath at that time,
however, saying that when the oath
was Administered to him exhortine
him to tell the truth be answered ''no'
instead OF "yes". Asked as to wheth.
or or not he was under oath at the
present time he said he did not know
whereupon the counsel for the defense
demanded that he should be sworr
again and this was done. Lewis was
followed by Frank Adams and Misses
Hannah Reading, Alpha jacobson
and Marion Minton, who all testified
to Lewis good character "as far as
they knew" This concluded the case
for the plaintiff and after a few open.
ing remarks by Atty. Jenness the de
tense had its legal inning The wit.
nesses examined by the defense were
Carl Peterson, Atty. Knutson, Soy.
mour Davids, A. N. Gilbertson, Mis-.
ses Olive Crosby, Barbara Williams,
Allene Sherwood and Hazel McCune
These all testified to the splendid
character and reputation of the de.
fendant and occasionally they also
recited few cold facts which had q
distinct tendency to lower the jury'a
estimation OF the plaintiff q character
Last, but by no means least, came the
addresses OF the opposing counsels to
the jury, in which they reviewed the
evidence in very efficient manner.
The jury retired at 1890 after having
listened to the instructions of the
court. Altho the evidence seemed
overwhelmingly in favor OF the de.
tense, yet the honorable" Jurors
were unable to agree on q verdict and
at 1l:15 the court was so instructed
It WAS then decided that q majority
decision would be accepted, whereupor
verdict was awarded the defendant
by vote OF 8 to 4. The jury las
s year was composed of girls with on,
exception and this was generally con
ceded to be the reason for the dis
agreement then. This years expert
ence pr owed beyond doubt, however
that girls are not the only ones ca
psble of being ''contrary. minded.
All who took part in the mock tria
accredited themselves nicely and thu
experient gained will no doubt prov.
valuable ct some future time. Their,
was large attendance and more ol
less noise prevailed. This uneasinesl
on the part Of the crowd was partl,