The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-12-07
.HILDRETH-
MITCHELL
ARGUMENT
Case Of Fargo Attorney Against
City Treasurer
Number Of Amusing Incidents
at Morning Hearing
Two Aldermanic Jurors Were
Challenged by Plaintiff

Although the action OF Col. NJ. A.
Hildreth, the Fargo attorney. against
Charles H. Mitchell. city treasurer Of
Fargo, for tne collection af S2a0 attor-
ney's fees claimed by tha plaintiff, has
not yet actually started, il promised
to be more than interesting at the
morning session, the entire time Of
which was spent in impanneling &. jury
that would be satisfactory to both
PARTIES. n- s.. ..
The details of the controversy are
Well known to nearly everyone in
Fargo as they created a great deal #
comment at the time of Mr.. Mitchells
appearance in the. district court last
spring when he desired to get an order
from the court to sign certain park
bonds on the city filtration plant
which he was ordered by the city
council to pay.
The filtration plant case had been
brought into the district court and the
city treasurer, 1t will be remembered,
declined to pay certain bonds ordered
by the council during that litigation
until so directed by the court. on the
grounds that he did not wish to take
any step that would not be legal. He
retained Mr.. Hildreth as counsel.
When on the stand before the court,
Mr., Mitchell contended his attorney
was using his position as counsel to
inject certain pei sonal matters which
were foreign to the case and which
were of political nature in which ne
declared he had no part. He dis
missed Mr.. Hildreth without ceremony
before he left the stand, and the latter
stated he was at liberty to do so and
put in claim for $3.50 for attorneys
fees.
Stewart and Green.
In impanelIlng the jury this morn
ing, Aid. James Stewart of the First
ward, and Aid. Conrad Green of the
Second ward, were both drawn. Both
were challenged by the plaintiffs coun-
sci, Judge Lauder of Wahpeton. The
proceedings were highly interesting.
One of the questions Judge Lauder
asked Alderman Stewart was " you
are not the cogs in any mans political
wheel in Fargo?"
"No," replied Mr.. Stewart. Il think
the cogs are all knocked out"
Alderman Green was also excused
from service as one who had sat in
the city council at the time of the
filtration plant bonds controversy.
"DisgracefuI" said Lauder.
In explaining the case TO the jury
the last thing this morning, before the
testimony started, Judge Lauder re-
viewed all the incidents leading up to
the present action.
"Mr. Mitchell in open court dismiss
ed his COUNSEL Mr.. Hildreth in a man
rer- that was most disgraceful," he
said. Most disgraceful. First he said
he would pay the attorneys s, fees asked,
then he later had a change of heart
and declared he had not retained any
lawyer at all"
At that Mr.. Mitchell snickered out
loud in open court, which provoked
broad smiles on the faces of the listen
ers in the court room! The jury was
then excused until 2o'clock 2
In the courts chambers this morn
ing before the action started, both
counsel and principals in the case were
sworn and it was asked by Judge Lau-
der of Mr.. Mitchell had not endeavored
to secure a number of attorneys to
try his case, especially A. @. Lacy be-,
cause of the latter's intense personal
dislike for the plaintiff. In response
the defendant is reported to have
grunted an almost inaudible oath
which was fortunately not loud enough
to be overheard by the court.
Taken to Supreme Court.
The matter III which Mr.. Hfldretf1
represented the city treasurer has been
appealed to the supreme court by the
plaintiff as interyenor. Mr.. Mitchell
is the only witness for himself as his
other "star witness" was to have been
w. J. Price, who has since moved to
Chicago and could not be here.
Arthur w. Cupler appears for the
city treasurer in the case. Between
the three lawyers In the case and the
city treasurer and the two aldermen
first impanelied as jurors, the COM
ments between all the parties this
morning was indeed most spicy.
AS d recess will probably be taken
this afternoon, It is understood the
major part of the hearing will be taken
up Monday morning.