The herald-advance. (Milbank, S.D.) 1890-1922, 1907-11-15
CIRCUIT COURT CoNvENEs
Carl Berwald Fined 800 for Failure
to File Thresher's Bond. Several
Cases Dismissed
c. D. Fairchild Changes Plea to Gull
ty and is Fined Fifty Dollars
and Costs in Each Case.

ty and is Fined Fifty Dollars
and Costs in Each Case.
Circuit court convened Tues
day afternoon, Judge j. H. Nc.
Coy. presiding; F. E. Granger,
stenographer; L. H. Bentley,
states attorney; Ed. A. Murray,
sheriff and J. W. Liggett, clerk,
all present.
State of South Dakota VS.. Carl
Berwald, thresher. Failure to
file bond.
The defendant lives across the
state line in Minnesota. He
came over into Grant county to
thresh, and not knowing there
was a law requiring threshers
to file bond failed to do so, and
even after being notified so to
do, by the states attorney, delay
ed the matter, until some one
made complaint. He did, how.
ever file q bond. Under these
circumstances, Attorney Bouck
announced to the court that Mr..
Berwald would plead guilty, and
asked that the minimum fine be
imposed, to which the states at
torney assented. The court i'm
posed q fine of 800 or fifty days
in the county Jail. Mr.. Berwald
paid the fine.
The other criminal cases were
continued to Wednesday morn.
ing.
The civil calendar was called
and the following cases dismiss.
ed or settled:
CIVIL CASES
N, E Isaacs VS.. w. H. Mulligan
and P. j. Rau. Dismissed.
Geo. A. Wood and John G.
Wood, copartners, as Wood Bros.
VS.. Northwestern Port Huron
Co. Continued by consent.
John G.. Lund VS.. Daniel Mack.
lin and A. M. Woolsey. Continu-
ed.
Mrs. E. M. Spaulding VS..
Bank of Revillo and First State
Bank of Revillo, corporations,
defendants by substitution in
place of J. A. Dillman and S. J.
Dillman, co-partners. Bank
withdrew its answer. Plaintiff
took judgment.
N. 3. Gearhart VS.. Marie Lar.
son, Paul Larson and David Lar
son. Dis missed.
N. B. Gearhart Us. Louis Sun
din. Dismissed.
Stockholm Township VS. Mich
olas Pott. Settled
After the disposal of further
business, Judge Mccoy took up
some special court matters from
Roberts county. T. H. Peever
had brought action against the
State Mutual Fire Association, of
Canton, for $4,000, claimed to be
due according to a policy carried
by the Peeyer Co. with above in
surance company. Last April
the Peever concern was partial
ly burned out and up to the time
of action no insurance money
had been received. The lnsur-
ance company clsimed that when
the Peever -Gorham Mercantile
Co. was Incorporated into the
Peever Mercantile Co. they had
not been notified that such
change in the firm name had
been made, and refused TO pay
the policy. The other companies
with which the Peever Co. had
carried insurance, paid prompt
~ under similar circumstances.
Wednesday forenoon the two
cases of the saate against G. D.
Fairchild, and one against Will
liam Schell for selling liquor on
Sunday and maintaining a
gam bling room, were taken up
L H. Bentley and George Rix
represented the state and Judge
Campbell and Thad L Fuller APP
peared for the defendants.
Judge Campbell produced affi.
davits, stating that the defend.
ants could not get'their witness :
es, who were all travelling men,
for this term, who were about
the hotel on Dot. 20, and who
would state that they did not see
anyone go to or from the bar.
room
The states attorney resisted
this move, and stated that so
far as these witnesses for the de.
fendant we're concerned, it was
not the regular barroom that was
ia contention and that the evi.
dence Of these witnesses would
! be accepted by the state. The
motion OF the defendant was
over ruled on this point. After
some other parryinR on thecases
the defendants withdrew their
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