Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1910-02-17
CIRCUIT COURT ADJOURNS
Circuit Court Adjourns After
a -Four Weeks Term. Paulsen
Gets One Year Sentence.

NStS Vic
Court adjourned Friday night after a
months session, and both the criminal
and civil calendars have been pretty
well cleaned up, only two criminal cases
| being continued over to the next term.
Of the twenty-five criminal cases
I brought before the court nine were dis
missed, two continued, five plead guilty
to the charge of selling intOXicants con-
trary to law, and six were tried. Out
of the six trial cases the state secured
the conviction of A. g. Paulsen upon
the charge of embezZlement, and also
secured the conviction of DR.. Appleman
of Andover upon the charge of issuing
prescriptions for liquor contrary to law.
The case of the State VS.. Regnier re-
suited in a disagreement of the jury,
and the case of the State VS.. Malmberg
resulted in an acquittal upon advice of
the Court at the close of the states evil
dence, and the case of the State VS.
Johnson also resulted in an acquittal
upon advice of the Court.
The disposition of the various cases
on the criminal calendar does not reflect
much credit upon our states attorney.
Several of what were supposed to be
the most important cases on the Grim
inal calendar were dismissed for the
reason the state did not possess suffi-
cient evidence. The dIatory tactics of
the states attorney were such as to
bring forth a severe reprimand from
the Court and they are also being crit
icized by many taxpayers who object
to the eXtravagant court costs the tax
payers Of Day county are obliged to
pay.
Friday afternoon the Court passed
sentence upon the following: A. G.
Paulsen, convicted of embezzelment, |
one year at hard labor in the peniten-
tiary; John A. Hustad plead guilty. to
stealing a team, five months in the !
penitentiary; DR.. Appleman, convicted |
Of issuing prescriptions for liquor con-
trary to law, fined $4,000; Rasmus !
Danielson fined $50 for assault and bat !
terry. Both Paulsen and DR.. Appleman /,
will appeal to the Supreme Court.
The case of Taylor VS. Taylor occu-
pied the attention of the court Thurs
day. In this case Mrs. Taylor of Bris- !
tOl brought a claim against her nus /.
band, JAS. Taylor, for 50, 900, and the !
jury awarded her 800.
Friday the court was occupied with !
the case of Bennett VS. Harrington, in |
which the jury awarded the plaintiff
81, 300: This case was of special inter
est to real estate dealers. From the
testimony it appears that Mr.. Herring
ton, who is prominent business man
of Waubay, had farm belonging to
Mr.. Bennett listed for sale. The owner
had fixed the price of the land at 50, 600,
but Mr.. Harrington made a sale of the
land for "a, 800. When he had the sale
practically completed he requested Mr..
Bennett to send a deed for the land,
leaving blank the name Of the purchas-
er and the purchase price. Upon receipt
Of the deed Mr.. Harrington closed the
deal by filing out the deed transferring
the land direct from Mr.. Bennett to the
purchaser, and RENTING SO, 600 TO Mr..
Bennett, the price at which the land was
listed. Mr.. Bennett contended that he
was entitled to the full purchase price,
and brought suit to recover the 81, 800
over and above the list price Of the
land which Mr. Herington had re-
tanned as his cOmmiss on for making
the deal. As Mr.. Herington had trans
ferred the land direct from Bennett TO
the purchaser, the plaintiff cOntended
that Harrington was merely acting as
his agent, and that he, the plaintiff,
was entitled to the full purchase price.
1t has long been customary for real
estate dealers to put deals through in
this manner, but the judgment returned
in this case will compel real estate deal
ers to first secure possession of the land
and transfer direct to the purchaser in
order to secure any advance they may
receive over the list price.
Tbasa ACKNOWLEDGEMENTS TIL, stata hos