The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1911-11-03

With twelve men selected to decide
the case, the trial of Samuel O'Neil
and Phelix Perrizo, who were indict-
ed on the charge of having used the
mails for fraudulent purposes, was be-
gun in the United States court. 1t
is the contention Of the government
that the defendants used the mails
in sending out advertisements to
the newspapers stating that they had
buyers of farm land listed and re-
questing owners of land who wished
to sell, to send their names and ad.
dresses and purchaser would be Sc
cured.
An Offer to Buy.
Then it is alleged, that an agent
would show up at the farm with the
prospective purchaser and would Of
fer to buy the farm. 1t is claimed
the purchaser would pay down GER
tain sum, giving same in check
form, while the agent would demand
and receive of the farmer payment
as commission for selling the land.
Immediately after leaving the farm,
the prospective purchaser would stop
payment on his check, so it is said,
and thus the agent who was merely
an accomplice of the purchaser,
would get commission money for a
farm he did not sell, is the allega-
ton of the government.
Contention Of Defendants.
However, the defendants will try
to prove that each person of the
defense. Samuel O'Neil, Phelix Per-
RIO and Mr.. Borchart acted indi-
vidually, and that these farms would
really have been purchased had the
farmer who wanted to sell the land
held clear title to same. Neither
O'Neil or Perrizo had any knowledge
of any such letters being sent as is
claimed by the plaintiffs, Borchart
who sent the letters carried on his
business on his own account to insert
the advertisements in the prosecu.
ton of his own business.
whose lands were sold, by reason of
the defective titles in the land
could not fulfill the contract and the
buyers refused to take title to the
land, while the farmers who had
paid the commission wanted their
money back, whereas the agent
claimed he had done his duty after
getting the purchaser. He also
claimed he had no knowledge of the
defect in the title.
In some cases the farmer stopped
payment on the commission note
when he could not sell his farm and
the agent sued for his money. There
were about three or four of these
transactions which are included in
the suit.
Albert Allen of Fairmont is attor-
ney for Mr.. Perrizo and Albert Hall
Of Minneapolis is attorney for Sam
uel O'Neil. Mr.. Borchert, the third
man in the defense, is not at the
trial, his present whereabouts being
unknown. E. S. Oakley, assistant
district attorney, is prosecuting the
case.
Congressman w. s. Hammond is
also one of the attorneys for the
defense.
The defendants attorney, Albert
Hall, this morning made an objec.
ton to the form of the indictment,
but in this he was not sustained by
Judge Willard.
Verdict for $4,000.
The consolidated cases of the
United States vs.. The Widell.Finley
company and Adolph O. Eberhart
w. G. Hoerr, T. r. Coughlan and
Frederick Kron, bondsmen and the
United States for the use and ben.
eft Of the first National bank OF
Belle Fourche, s. D., VS.. the same
parties, on trial before Judge VIII.
lard in the United States court
went to the jury Saturday afternoon
at $3.50 o'clock. At five o'clock the
jury returned two verdicts: One in
favor of the defendants and against
the United States; the other in IA
vor of the First National Bank OF
Belle Fourche against Adolph O.
Eberhart, ct al for the sum OF
$4,000.
Cause of Actions.
Both suits, grew out of the con
tract entered into by the Widell
Finley company in 1905 with the
United States government, for the
construction of the Belle Fourche
irrigation project, at Belle Fourche
Sd. The Widell-Finlay company wen
bankrupt before the completion Of
the contract, and the United States
had to complete the work. The
suit by the United States was
brought to recover alleged damage,
resulting from the breach of this
contract, and was brought agains
the Widell-Finlay company and A. o
Eberhart, ct al who were bonds
men. The amount claimed wa:
$4,000.
Basis of Other Suit.
The other suit was brought b,
the First National bank of Bell.
Fourche to recover about $4,000
with interest from 1906, which tn,
Widell-Finley company owed tn,
hon1 nm oh ~,hsaA