Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-05-03
TRACY BANGS NAMES AN ELOQUENT FLEA
Continued From Page TEMP,

From
McClory Mddaugh argued and
parties according
testimony McC submitted that is the
only testimony in the that is under consideration
specification 49,
Regain which tried July 3d. 1906 and de-
cded record January TO- 1907 That would be
months little than six months after the case
this both behalf OF the
findings prepared
that he prepared the findings at
finished that he thinks
In addition that the prosecution
tells he thinks
asked
hold would let him know how the settle
pending and he
asked Cowan kind Of hold up and ne would let MIN Kno" no" Tue
which brings this in the category OF those
where delay caused the attorneys them
something be done by the between the attorneys
asked accommodate all PARTIES
holds the they forget it, and then after while when
the brought up here and related
this judge should be mpeached
The involving something
like SIS whskey remember the
PLANTATION that The
question whskey purchased
whether in Minnesota or North Dakota
opposing counsel mind from the evidence intro
piled quite bill of costs
in an effort to collect SIS whskey account and they
asked Mr. Stuart to drop
OF they should have dismissed with
If remember right they spoke
to Judge dismissed
both agreed drop it and nothing further was
ntmaed the time the was tried that ne
would decide in favor Of the That to remove ha
consideration
We next come
trial that and we have IN this case again tne
prominent who here with so many
Middaugh He tells there was proposed
1909 Well mans memory al
explained this morning with re-
spec testimony Judge Corl No depend
entirely memory Middaugh be mistaken in his
testimony called Witness and he explained
this against his client and
Judgment and for trial. and as
he little bit afraid of the cars and this settle
pending have the settled rather than
motion trial for decision so that matter was
One
afraid and there was Judgment against MS
that something might come OUT
Of the dragged along until finally
settle it. that that case wound up
out
The next we have the State Bank Obcrg
Mr. Cubcr attorney that and will remember that
he testified to YOU that it was open default Judgment
That presented what is known affidavit OF merit
that drawing has neglected the statutory
LANGUAGE and that the court umaed to him that
sufficient default Judgment would not DC
granted That he asked for which to look this up and on returning
found his affidavit insufficient so ne
never That the end of tie had
gone and the had fact decided it. There was
forth between Mr. Cube and Senator Sp
son and was brought had decided the Mr.
Cuhber found his affidavit insufficient and he
never nothing for the to do there
was nothing he do, absolutely nothing.
against Leonard This that was tried
in the few in all this list that there has been
particular explanation Of Mr.. Mddugh tells that he does not
asked this Cuthbert had some
thing Middau had something to do with the case and
Beon the and au and keho also
one OF the parties VI course ua'nu was d" y " % s ~
his decided just before he left for California where ne
to the attention taken So
the evidence concerned without any more
evidence The tried and in his
asked for If decision asked tor
objection the delay and this would come
within the rule laid that held that where
decision is overdue without that the
sufficient and legal for delay
Maple Wind Stacker Company against Ham tried in May l
and that Mr. Mddau This
june know he whether the motion
decided Mr. Mddaugh isn't
had action the motion tor
trial submitted i'll 1906 All he knows about the case IS that was
trial made and the finally settled
this show that request was made
decision There objection delay and view OF the tact ha
Mr. happened except settled
carried along by the attorneys and settled
by them according to their desire and own wishes
Cline Duffy specification ~ The
Mr. Traynor and ne that
plaintiff October 1908 and filed with Cowan October
to record October 2he dates
hcrear badly mixed
The brief submitted October l6eh I'm
lief handedt Mr.