The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1908-06-06
WERE FINED SIS AND COST AS IT
WAS THEIR FIRST ofFENsE
HouLIHAN CASE WAS HEARD
A New Trial VIII be Had in thi
KImbsll Case But in Dickinson
County

tOiHtlohNcu Anrt AtoatHr'J W"D teeTr - -
portant one, the work done being com
paratively light' Arrangements had
been made TO hear the naturalization
cases on Wednesday morning and A. the
court had TO be kept in session until
that time no effort was made 10 hurry
matters
The liquor dealers were all settled
with. They pleaded guilty and were
fined by Judge Stone $25 and coste each
az this was the first time that they had
appeared before him.
The costs made the penalty reach
about $50. Stambaugh liquor dealers
have been exceptionally good in obey
ing the law for this is about the.hrst
time the saloon keepers OF that village
have been hailed into court Should
the experiment be repeated their ex-
perience will be altogether different as
Judge Stone is handing out some stif
fines.
The Houlihan case came mp for trial
ON Tuesday afternoon. A large number
of outsiders interested in the case were
on hand when the taking OF testimony
was commenced.
This case created the most interest
OF any civil case tried In Iron county
In many day. It arose over the title
10 the So Of the SE4 Of Section 30
a2--35. which was owned by Mr..
Houlihan. Mr.. Houlihan died about
1887 and the land was taken in hand
by Patrick Fogarty as administrator,
Besides the widow there were seven
children. Mr. Fogarty advertised
the whole OF the 100 acres and sold II
--as administrator at prices ranging from
Ss per acre 20 5000. He reserved In
each Of the deeds a 4 interest In the
minerals TO the heirs.
Had no iron ore been found upon the
land no question as to the validity OF
the sale would ever have been raised
but about Eve years ago 10 became ap-
parent to some Of the explorers in that
section of the county that the ore zone
extended TO the south half OF the
.auarter-section The question OF
title was referred to r. O. Flannigan
and in his Investigations he found that
there might be some question raised
ana he impaired his his knowledge 70
one of the heirs The heirs talked the
matter over for couple OF years and
finally decided TO employ counsel and
test the matter in court Classen "
Lynch of Oconto, Wis were employed
and they got F. Fl, Abbott OF this city
10 work upon the case.
Cummsikey & Spencer the wei
known Escanaba law firm was retained
by Mr.. Fogarty and they, with Hon
John Power. conducted the case foi
Fog arty and those who held interests
under his deeds
Mr.. Abbott was assisted 10y nj. X.
Sherwood of Marquette and the case
came to trial Tuesday afternoon.
A number OF witnesses were place.
upon the stand by both sides. IL seem
that Fogarty sold the property to Iohi
Deneen and that Deneen had dispose'
of IL to others and that in the run o
transactions Mr.. Fogarty personally
became the possessor of an interest y
the property.
The complainants contended that tn
original transfer by Fogarty as admin
istrator was Illegal and based thei
claim upon several Irregularities whic
appeared In the probating and the dis
posai Of the estate Chas Gallaghe
was probate Judge OF the county At tina
time and the affairs OF the office wer
not kept In ship shape
The defense showed that after th
complainants had been tola OF the Al
legged defects In the title they had signe
leases upon their undisputed quartz
inx~est.
: I1e arguments were very lengthy
both sides. the brief of Attorney Sper
Ger receiving much favorable commel
among the attorneys who heard l
Mr.. Sherwood occupied almost ha
day with his argument completing h
address about 1900 o'clock Thursdf
forneoon Judge Stone took the ca
under consideration aud will announ'
his decision later
The motion for new trial In d
Kimball case was argued pefore JUDI
Stone on Wednesday. Attorney Abbo
appearing for the city and Geo Pow
for Mr.. Kimball After listening
the arguments Judge Stone intimate
that be would deny the motion VIII