Devils Lake inter-ocean and Devils Lake free press. (Devils Lake, Ramsey County, N.D.) 1905-1909, 1908-06-19

he would withdraw from the race a.
q candidate for Judge. / challenge
him I'm. now, as I did then, to keep his
word made in that speech and answer
to you voters as to the six cases above
referred 'esll to, which cases you can find
for l.or yourself in the Supreme Court Re-.
ports aot IN the Office of any attorney
whom hon you would employ in your own
case ~ =.
Inc case of the State VS.. Hazlett is
referred to at considerable length In
these circulars, and l say to you that,
with all due respect for the Supreme
Court, the Supreme Court did not I'M
iderstand from the record the nature of
the case that caused the principal er.
rors upon which the Supreme Court
reversed my decision. This was the
case OF man charged with having
raped his neice, a very young girl.
she, or course, was the principal wit
ness against him, and in all my ex-
perience in court for the past twentv-
three years l have never seen even
among children such difficult witness
to obtain evidence from. When cues
toned she would say nothing In re-
Spouse Tor half an hour at time, not
Withstanding the questioning and coax
ing Of, all parties interested in the
trial OF the case, and it was only af-
ter almost two days examination of
her by reading questions that were
absolutely necessary was the court
enabled to have her tell the horrible
story OF her wrong, that an intelligent
and willing witness might have told
In twenty minutes, and yet Judge En-
gerud who now assails my character
as a Judge sitting upon the Supreme
bench with the cold printed record in
this case before him declares that I
permitted too many leading questions
TO be asked Of witness that was
both intelligent and willing. This I
know was not the case.
Out of more than five thousand
cases which have disposed of since !
went upon the bench, I am proud to
lsay that only fifty-two cases have been
appealed to and passed upon by the
Supreme Court, and out of those cases
have been sustained in .sixty-one per
cent and have been reversed, as al.
ready stated, in only nineteen cases
AS lawyer. and as Judge, 1 think
have done fairly well when you con
slider that the highest record in the
Supreme Court is seventy-one per cent
i of the cases affirmed, and the lowest
record is eighteen per cent affirmed.
~ say to you now, that among the
twelve judges who have sat upon the
benchin the District Court since wat
lelected that I stand fourth so far al
lmy record in the, Supreme Court. i,
concerned, and when you consider thu
8 vast number of cases have tried ant
Il determined, and the large district owe
which I presided for so many years
you will see that but a very small pc,
centage Of my work was ever brough
for review to the Supreme Court.
Il MT. Brennan further charges m
with neglect Of business In his circu
lar Judge Cowan and his Record,
especially with reference to the Janu
larry 7th, 1907, term at Devils Lake
This statement is absolutely mislead
! ing. You all remember the winter O
1s06-19O7. A Jury was called to Devil
Lake on January 7th of that year, am
! the Court found that on account 9
the scarcity Of fuel and the great dill
= iculty of feeding stock, as we'll a
y from the fact that many Of the lit
giants and witnesses could not atten
on account OF the severe weather tina
it was impossible, to keep a jury .te
! gether, as the Jurors insisted upon re
turning to their homes and caring 70
1 their families and stock, and yieldin
to their wishes, as well as the Wishe
= of the attorneys and many Of the lit
giants q adjourned court until Marcl
J the 18th. On that date q few juror
appeared at Court, and probably "a FEY
litigants, although it was In a blindin
blizzard which continued for seyera
days had fully intended to be pres
ent* on March 18th to hold the term
! but on account of the blizzard wa
storm bound at the little station %
j Derrickon the Lakota branch and wa,
4 unable either to come BIZ train Or wall
Il from there TO Devils Lake for severa
3 days On account Of the storm. The tern
WAS again adjourned fol: that reason
& land the Jurors present were paid thei
a fees which amt nnted to the great sun
q of $101 20. During the same Winter,ol
y ny way to hold Court In Benson
n COUNTY, was storm stayed ID the vii
q lage Of Leeds for three days ant
/ could neither reach MinneWaukan no.
Il Devils Lake, and SOME jurors were
n waiting for me al. nneWaukan ant