The Dickinson press., 1911-12-16
DIST. !! COURT 0
4 HORSE CASE
Action Dismissed Against Killer
Mary Gullickson Gets Ver-
dict. van der Las Case
is Now On.


is Now On.
The second criminal jury trial in the
Stark county court for the December
term was concluded last Friday, the
jury returning verdict for defendant.
Frank Stzagna, charged with improper
relations with Ida Void. States Attor-
ney Murtha began to think that the
jurors. as a., whole, summoned for this
term were not of the convictine kind,
and he did not move any more cases
for trial. Attorneys T. D. Casey and
H. A. Burgeson conducted the defense
in the above case.
Mary Gullickson vs.. T. N. Hartung,
was an action for damages, resulting
from sheriff's sale for taxes when de-
fendant was in office. 1t was started
three years ago, and F. E. McCurdy. for
plaintiff, was not willing to have any
further delay in the matter. 1t is said
that Eli Gullickson had reverses as
farmer and rancher while resident of
Farmers Valley and allowed $154 in
taxes to accumulate. Subsequently the
family moved to Dunn county,, about is
miles northeast of Richardton, where
they started anew. Relatives of Mary
Gullickson, wife and plaintiff. are said
to have furnished her $400 to start with
and the business was conducted in her
name. When 7. N. Hartung, as Stark
county sheriff, seized portion of the
Gullickson property in Dunn county for
taxes due Stark, the family protested
and told him that the same belonged to
Mary Gullickson. In due time the
property was sold for the old taxes re-
gardless of protests and official notices
alleged to have been given. Mary Gull
lickson then brought suit for $500 and
the trial jury the past week awarded
her $3.50, which includes original taxes,
penalties and something for the use of
horses for three years. 1t is understood
that Mr.. Hartung, while acting as sher-
iff in the matter. had assurances from
the board at that time that he would be
backed up in the matter. NJ. 4. Nc
Bride, H. C. Berry and T. A.. Simpson
were attorneys for defendant. ~
A case which attracted considerable
attention in court was that of James H.
Church against Peter Killer. The
plaintiff is farmer in Hettinger county
and is known also as horse dealer.
Mr.. Killer is Stark county farmer.
residing 16 miles south of Richardton
and some 10 miles north of the Church
farm. AS near as could be gathered
by the PRESS, sometime early in De-
cember, 1910, Louis Simonar, near
neighbor of Church, came along to the
Killer farm and tried to interest him
in the purchase of stallion. About
the next day he returned with J. H.
Church. leading stallion. They stop
ped ell the afternoon with the farmer
and left the stallion. The following
morning, very early, Mr.. Killer sent
the horse home by his sons. but they
were driven off the Church place and
told to take the stallion right back.
The horse was returned second time,
but Church insisted that he had sold the
animal to Killer for $525 aild said that
he did not care what became of the
morse but that he should not remain on
his place. Kiizef then sent notice to
Church by registered mai1 to the effect
that he had left the horse at the Adam
Foster livery stable in Richardton. The
livery barn owner also gave legal notice
to Church to come and get the horse.
Late last summer Adam Foster adver-
tised to sell the horse for stable rent. 1t
was found that the animal had bad
foot and leg and the sale was postponed
for some time while the limb was treat
ed. When the sale was finally made
the best bid secured was $50. This left
aboard bill deficit of about $100. At the
trial this week Church claimed that he
sold the horse to Killer for S525 and he
also claimed that Killer was to deposit
the money in Richardton bank within
three days from the time of his visit al
the farm. it appearing that Killer was
to have the three days in which to make
up his mind. Church admitted that the
horse was slightly injured but claimed
it was from being driven over the road.
When Mr.. Killer came onto the stand
he stated that he never bought the
horse. He admitted talking with the
men about the horse but said he did not
like the animal and merely allowed the
men to leave him over niaht as an &C.
comodation. He said that he became
suspicious early the next morning that
the men were trying to play q sharp
trick on him. He noticed that the ami