The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-04-29
AGED BANKER WILL
BAT TIE FOR LIBERTY
T. B. CLEMENT OF FARIBAULT,
FIGHTING PRISON TERM.
Lawyers Will Contest in United States
Circuit Court Of Appeals Over the Al
legged Errors in the Convicted Man Is
Trial-Clash of Lake Interests Over
Perils of Storm at Duluth.

Whether the veteran banker, Thomas
B. Clement, once president Of the First
National bank of Faribault, of which
he was convicted of wrecking, shall
serve his eight years sentence in prls-
on, will be decided in the United States
circuit court of appeals, the May term
of which begins in st. Paul, May Z.
That the case will be hard fought in
this court of last resort is assured.
George N. Baxter, attorney for the
convicted banker, has seventy assign
ments of error brought: up in the Cir,
cult court of appeals, in a printed rec
ord, which occupies 2O5 pages. G. G.
Haupt, United States attorney for the
district Of Minnesota, will appear per-
sonally in the case for the prcEecution.
as he did in the first trial of Clement.
of appeals, it is not necessary for the
prisoner to be in attendance: Mr.. Gle
ment will. therefore, be spared the or
deal of. having his misfortunes again
severely detailed in court, which to a
man of his advanced years and infirm-
tiles would without doubt be great
strain. - Mr.. Clement is now in Fari-
bault under bond, and residing at the
family home. The case in the cctlrt Of
appeals will simply be a battle waged
between tie attorneys on the h seventy
technical points. They include excep-
ton to the charge of the court to the
jury, exception to the admission Of a
large amount of the convicting testi-
mony, and objections to the refusal Of
the trial court to admit certain testi-
mony in behalf Of the prisoner. :
Tale Of the Deep.
The suit of the Gilchrist Transports
ton company, appellant, against N;
Harper was tow towing the barge sge Thomas oDa,s
GAVIN from Marine City to Duluth on
Lake Superior. On arrival outside the
canal entering Duluth harbor a tug
was signaled for but did not respond.
A high sea and wind was prevailing,
and storm seemed about to break. So
the John Harper attempted to tow tbs
barge thru the canal into the harbor.
The barge collided with one of the piers
and was considerably damaged. Judge
Page Morris, in the lower court, divided
the damages. holding that both steamer
and barge were at fault. Thereupon
the respondent appealed.
Other Minnesota Cases.
There are several other Minnesota
cases on the calendar. 49,.
Morris Edelstein of st. Paul, as plain,
tiff in error against the United States
seeks to overthrow verdict in the
| lower court of guilty Of making false
oath IN bankruptcy proceedings. On
| conviction he was sentenced to ono
year and three months in prison.. The
appeal attacks the validity ofshis in
| dictment. b. zs4- -. F.. @5s AZ Il
Tie case Of the Knudsen Trust com
pany.% plaintiff = in error, against The
Michigan Central road, is a controversy
over the charges on shipment of car
load Of grapes from Michigan to Du
In the case of Royal B. stearns
plaintiff in error, against the United
the validity Of an indictment for MAX
ing fraudulent homestead entries in tn,
Chamberlain land office.
The case Of the Crookston Lumbe
company, plaintiff in error, agains
Marie F. Boutin as admintrator Of he
husbands estate, is an effort on tn
part Of the company to overthrow
verdict Of $4,000; damages for the dealt
of the husband in the company's saw
mill. - -.3~.2~'5
II $50 A Minneapolis Case. Z: = .
The case of A. W. Lindeke and other
as trustees of Evans, Johnson, Sloan
company, appellants, against the AS
ISOLATED Realty company, appellee, is
controversy over ownership Of propert
at Seventh street and Nicollet avenue
Minneapolis. 80 - -.-.. -. 81.
The case Of Hugh Funk, plaintiff, i
error, against the United States, is a.
/ appeal from a. conviction Of Funk i
the lower. court for selling liquor to In
1 dians. on the Chippewa Indian reserva
ton in Itasca county.
! The case Of Andrew Preiss, p1aintit
in error, against J. Henry Zitt, is a s.
Cloud case, brought by Zitt to rrecove
5000 as 5 per cent commission as
broker in securing a purchaser for So
shares Of stock in the Preiss &, Winnie
Brewery company Of St. Cloud ,zsSas
The suit ofeC. G.. Friberg and other
against the Iowa Savings Bank of E'
therville is to recover on a note &c
$4,000 a controversy over the sale q
! horse. t'a.--s'. ~@'7t PR
The case Of Hannah M. Corbin an
others. appellants, against E. G.. Holme
appellee, is from Becker count,
and is an appeal from final decree fc
$21, 718.49 in favor of the appellee, an
as settlement of an accounting on til
sale Of certain lands. The case Z
Holmes against Corbin is a cross appe,
in practically the same controversy.