The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-07-03
A COMPLICATED
LEGAL BATTLE
THE FAMOUS DELANEY-osMoNp.
WARD CASE WILL BE TAKEN
BEFORE COURT.

Towner, N. d.. July "a compli-
Gated legal question in which North
Dakota Is greatly interested will come
up at Lake Geneva. Wis. next week,
according to Charles Donnelly, states
attorney Of McHenry county, who has
leIt Ior the scene Of action in Wis
consin.
The case involves ". Delaney, prom
lnent at Williston, Mrs. Osrnond. his
sister, and Miss Olive Ward, a niece of
Mrs. osmond. both of Lake Geneva,
WIS. the whole affair being over an
amount of $4,000 and the question Of
who has the rightful claim to the
money.
The affair started several months
back. when Mrs. Osmond became de-
mented while travelling on the train
from Lake Geneva to Williston. The
lady, who is ~ years old, kept the pas
sengers in terrible fear by pulling hair
and doing divers other things, and was
put off the train at Towner.
This brought the case to the notice
OF the Towner officials and after hold
Ing hearing they decided to sendthe
woman on TO her brother at Williston,
her condition being somewhat improv-
ed. although at no time. 1t Is claimed,
has she regained her right mind.
At Williston the money matters
were brought into play when Mr.. De-
laney secured the power of attorney
and through an order OF the probate
judge secured the title to the money.
The Towner officials became interest
ed and took a hand in the matter and
through States Attorney Donnelly the
claim was made that the woman would
not have done this had she not been
demented. Accordingly the Towner
officials ascertained that Mrs. Osmond
had a niece in Wisconsin. Miss Ward
and though Mr.. Delaney had an order
for the money, the amount was still in
Wisconsin, and Miss Ward was advis-
ed to get it, which she did, and still
has the $4,000 in her possession.
The idea Of Mr.. Donnelly going to
Wisconsin to secure guardian for
Mrs. Osmond, due to her condition, and
Miss Ward Is the likely candidate. On
the other hand, v. Delaney has brought
charge of embezzlement against
Miss Ward. claiming that she is keep
ing money rightfully belonging to him,
and these cases will be threshed out
next week. Mr.. Donnelly representing
Miss Ward, while Mr.. Delaney has
employed prominent Chicago at
torney.
In addition to these numerous COM
plications is another, the fact that Mr..
Osmond, the husband, is still living
and although he and Mrs. Osmond
have separated, no divorce has been
granted and If Mr.. csmond should
step in at this time 1t is also feared
that both the project of Miss Ward
and Mr. Delaney would fall fiat. al
though 1t is not likely that he will APP
pear on the scene.
The legal contentious are numerous
and while 1t is not known what the
Chicago attorney will offer, 1t is GER
tain that Mr.. Donnelly's argument will
be along the line that Mrs. Osmond
was demented when the order was
made out, that the probate court had
no jurisdiction in the case, as Williams
county doe snot have increased, and
furthermore, the money referred to is
still in Wisconsin and within the jlris-
| diction Of the courts of Wisconsin, as
Mrs. Osmond has not taken permanent
residence in North Dakota.
With all this and more that will be
brought up the case proves one of the
most interesting legal questions that
has been brought to notice for some
time and North Dakota will watch the
results with interest.