The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-09-12
MITCHELL. UNLOADED
ATTORNEY HILDRETH
in MIDDLE OF THE TRIAL

Continued From Page one.
ask that this officer simply go anS
get his checkbook and pay me like /
man and l. will withdraw from thil
case
Mr.. Mitchell: If you can wait min.
/ ute
Mr.. HiIdreth: Just moment;
am speaking to the court don't care
/ to be placed in any false position ii
this matter. I have been here actine
In good faith. Everything / have done
in this case, from beginning to end, has
been in the best of faith, and let me
say of the gentleman who is on the
stand that he stopped me on Labor
day and hailed me to come in this liti-
cation and / don't like this business. Y
Mr. Mitchell: I never did, to my
knowledge, sir. You had too much in
you Labor Day, for didn't, sure.
Mr.. Hildreth: Now, your honor
please, ask your honor to relieve me
from any further responsibility in this
lawsuit
Mr.. Mitchell: Just tell me how much
you want from me.
Mr.. Hildreth;< Two hundred and fifty
dollars.
Mr.. Mitchell: Two. hundred and
fifty dollars! Yes. that ID the kind Of
an attorney have got You canst
| quit too quick to suit me. A man
trying to defend the city and find out
| what is right and then to pay $3.50
to that man! what do you think OF
1T?
The Court: Well, am in this POSI-
ton, Mr.. Mitchell. am here to try
a. lawsuit. The counsel has inter-
posed an objection which necassitates
your Juggling up all those books The
objection is technical. have to sus-
tain it.
Mr. Mitchell: All right, sir
The Court: Now. If you want to
discharge your attorney, that is your
business.
Mr.. Mitchell: WELL then, how will
the case be tried then?
The Court: Well, will have to
proceed to discover this unless you
withdraw Your defense entirely.
Mr.. Mitchell: Why, this amt my
defense. All the defense / wanted on
earth was that there was case pend
ing and / couldn't sign these bonds.
This amt my answer--this answer /
refused to sign. That is what raised
the first friction between lis, and this
great big lingo Of stun / refused to
rign. didn't want this Bill Price
suit all mixed UP, to pay the
The Court Mr.. Mitchell, then in
answer to your question, the court has
already decided that the Kennedy case
is no defense for your
Mr.. Mitchell: That is it.
The Court: NOT signing the
bonds. That the Kennedy case will
be tried upon its merits when 1t Ii
tried. know nothing about the mer-
its Of that case at ALL but the court
| advises you, now that you have asked
the court, 1T has so decided In this
case that you are entirely justified in
signing the bonds, provided the dept
limit and those other questions have
not been exceeded, and that relieves
you from the responsibility. The mon
ey comes into your hands, and then
II you feel that there are some war
rants that should not be paid because
there is some illegal contract then
that is Tor You to determine at that
time but you can't determine that In
this trial In this action. II these bonds
have been properly voted and are
properly issued under the law
Mr.. Mitchell: That is what / am
here for Is TO find out IL they have
been and get an order from you
The Court: Well, then. do under
stand that Mr..
Mr. Hildreth: ! want the record
to show that / am discharged from
this case, your honor Since Mr..
Mitchell is in that mind, I withdraw
The Court: The record shows
then- Mr.. Mitchell, do you want to
discharge Mr.. Hildreth?
mr.. MITCHELL have gone as far as
am going; Mr.. Hildreth or no Hill
dreth.
The Court: Then you discharge
him, as / understand your
Mr.. Mitchell: / have had enough.
] have had $3.50 worth. That il enough
for me.
The court: Now, Mr.. Lawrence,
will you continue with your proof?
Pollock Makes Statement.
aThe figures that have been printed
Ia the morning newspaper were not
Tie same 90 tMpSe slhLEDuuEEu n the
hearing said Judge Pollock this
morning. The court showed the fig
ures and quoted the law on the guess
ton of city Indebtedness showing just
where the city stands regarding the
amount of Its debt.
The following Is the finding of the
court Ii the mandamus matter
THAT the constitution of the state
of North Dakota provides. among other
things that the debt Of any county.
townehips city town. school district,