Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-04-15
JUDGE JOHN F. C0VAN COMPLETES
OPENING Statement IN own CASE
BEFORE THE SENATE YESTERDAY

Lake. There vast number Of exhibits in that case' and vast
all kinds and natures as would necessarily HOW
from the and after that OF testimony
was in was agreed by counsel would brought for
argument and gentlemen there never was
an argument on that case the testimony that
case and looked at carefully could from recollection and the
and the notes taken by counsel IN the case
it was found there between the
testimony gven testimony there that couldn't possibly be
econled gentlemen OF the jury
that that case finally came me, DECIDED just
matter and the best could, and large
part absolutely ignored and that Known to counsel
at the time did it. because shape being could
testimony how that thing STOOD apd the judgment
finally fully presented me- and
consented to be entered by COUNSEL judgmn afterwards
tied bv the parties among themselves They
out transcript for themselves the of the
record and after having done that they and
peaceaby among themselves, settled This involved not only
question as here
there and everywhere in the MILL but also involved
question taking stock of the mill OF the
original having these parties that the Stone and
Brick Co was to take out part payment part Of the mill
company testimony showed that the Brick and Stone Company
and that the demand had been refused There
dispute the testimony that was commended had
been rendered urged had been refused the of the mill
company made complications because the Stone and
Rr Comn,nv sought to avoid even the taking
as part payment ground having demanded and having
refused under obligation to take it. There
this involved the and brought about discussion
time informally and want to say now that the
case was never formally submitted; that formally argued
to me- briefs made it in reference to the matters i'll
and briefs presented to me in regard to it.
The next case Jerry Mccarthy Shea There evidence
that ought dropped dropped by the parties the
day finished taking the evidence and there has been one word
either in writing orally reference to na case since that
day testimony before and argument
brief question reference decision that from that day
to this:
is Brown Gilmore That Pierce county case
was great many years tried side by Governor
brought by William Brown against man by
the this other had
made for piece of land before with Mr. Brown ne
considerable and then he had assigned his interest in
Think either he assigned Gilmore,
assigned wouldn't be positive which, Think though, he
assigned Gilmore Burke tried side Of that and L.
side of that Now Gilmore
default meeting the payments the that assigned
had been default wouldn't which
appeared the this he down to
Devils Lake told him he had the interest this land and
tell him, show him the and tell him
him and that he wanted it, and Brown
wouldn't either show him the contract tell him how
much he owed but give him much money! have
forgotten is what the evidence showed he would
give money, lump that he would give him the
title land wouldn't that He back
again. it, and Brown again and he
still refused tell him how much he owed the contract tell
him show him the contract and then Gilmore discovered that NJ H.
Devils LAX said have the contract and he went
Mr. Brennan reference the contract and got no satisfaction
according recall He satisfaction there
couldn't the and finally went back
knowledge and the knowledge Of those
interested in this they figured
fortunately they figured that some few dollars ex
really due the contract when shown and they went
up Rugby Andy Jones' bank and they
notified Mr. Brown Of this tender that
and claimed deed Brown then started action to cancel
land, shown, had in value;
beyond what this had agreed for the time he bought it,
considerable it, and then it to
according his TENDER which than what he owed some
the balance of the rendered
according
the tender good and connded that he
and that Brown should have it. The other side
good and that Gilmore entitled to his
Burke behalf of the plaintiff, contended
cancelled and the land turned back Brown
of that mind
announced decision right there and then before
finished, where stood reference to that
a these In the first place. Brown
asking with hands He there
when he wouldn't tell the quyhe who seeking to do
requesting from hmhe wouldn't tell him how much
he That nequtab and announced
of law governed that that Brown couldn't
with hands seeking That governed
The proposition remember distinctly of
Brown could because the tender
then, gentlemen that that land
greatly increased value at the time, and did for
left and Mr. Burke brefed
of afterwards, after
land had greatly increased value spoke Mr. Mddugh about it,
referred he Mr. Burke