Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1908-10-15
been made by the attorney general
OF the State of South Dakota.
Frank Sears

been made by the attorney general
OF the State of South Dakota.
Frank Sears
III. II. Potter
Subscribed and sworn to before
me this 9th day of October, 1908.
Frances M. Sears
Notary Public, Day County, 5. D,
Redfeld, S. D., Oct Z, 1908,
Sears & Potter,
Webster, 5. ID.
Gentlemen
/ have your favor Of the 9th inst
enclosing notice Of motion for the
purpose OF modifying an order OF
continuance in the case Of State Us.
Williams Bros. Lumber Co. You
say that this proceeding is incom-
prehensible to you. 1t certainly is
incomprehensible to me, When |
was preparing TO leave for Webster
to try the case, | received word from
there that you would move for a
continuance aud that in all probable
ity the continuance would be granted
on account Of the fact that Judge
Mccoy had continued the case once
because of my inability to attend.
| Immediately gave instructions to
Mr.. Anderson to oppose a continu-
ance, but was informed that the
motion had been granted notwith-
standing our objections. The first
intimation | had that the defendant
did not desire continuance was an
editorial in the Reporter and Far
mer Now you seek to modify the
order of continuance. What is the
purpose of this2 Do you want to
try the case before the January
1909 term? If so, what time would
suit your convenience? Do you wish
to state to me upon your honor as
attorneys that you did not request
this continuance of Judge Mccoy.
| was greatly surprised at the
article | saw in the Reporter and
Farmer. | am more than surprised
at this proceeding on your part.
Yours Very Truly,
S. w. Clark,
Attorney General.
Webster, S. D., Oct. s, 1908.
S. w. Clark,
Red6eld, s. D.
Dear SIR
Yours of the 9TH inst at hand. We
are pleased to learn from you that
you had no knowledge of the pro-
curing of the fraudulent order in
this case, which we are seeking to
set aside. We suggest that in view
of the admitted fact that you know
nothing of the procuring of this
order, you can have no possible
objection to signing stipulation to
set it aside.
You are referred to our letter of
July 10th in which we told you in
as plain language as the English
language can afford, that we would
strenuously oppose continuance of
this case. We have never suggested
to you or any one else since then,
anything contrary to that statement.
1t will be interesting to know
what attorney perpetrated this fraud
upon you and upon us, by secretly
an order of continuance,
and concealing it until after the day
set for the trial of the case, which as
you know was September 21st. We
we're here on that day, at the court
room in Webster, ready to try the
Ease, although we had heard from
many sources rumors that you would
lot be present, yet we had absolutely
40 knowledge that any one had pro
cured an order of continuance. Our
ltfidayits fully set forth the facts in
his matter.
Now we expect to receive from
you by return mail a stipulation to
he effect that this fraudulent order
shall be set aside. You can then
proceed to get this case fixed for
rial, and we will second your efforts
n that regard, and the earlier the
late at which it is fixed the better it
will suit us.
Very Truly Yours,
Sears & Potter.
Redfield 6 ID Oct 10 1909