The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1912-09-18
CIVIL CASES ON
in COURT TODAY
Judge Stanton and Petit Jury Re-
sumo Work after Adjourning for
the Primaries.
THE FIRE CASES GO OVER
Thirty -one Against Canadian North
ern Set For Special Term on
November 26.
MAYO PAYS $500 FINE
Was Not Given Prison Sentence on
Criminal Charge Growing Out of
MAYO PAYS $500 FINE
Was Not Given Prison Sentence on
Criminal Charge Growing Out of
Death of Akerberg.

Judge Stanton opened district court
this morning after allowing the petit
jury to return home to vote in the
primaries yesterday. The case of
Chris Bolstad VS.. the Minneapolis,
Red Lake and Manitoba railroad was
taken up this morning and as soon
as it is finished the criminal calen-
dar will be called: Bolstad is suing
the railroad for a personal injury
said to have resulted from being
elected from car.
Although the criminal cases are to
be taken up soon, no one was able
to state this morning which case
would be the first called. This morn
ing, the sanity of Charles Swaziland,
the murderer of David Wistrom near
Shotley last May, is the subject of an
inquiry. Should it be decided that
Swaziland is sane, his case will prob
ably be the first to be tried. Should
it be decided that he is insane, other
action will be taken.
Frank Mayo appeared in court last
week in answer to the criminal
charge connected with the death of
Carl Akerberg in 1907. Mayo was
a druggist in Bemidji at the time and
allowed an unregistered pharmacist
tC fill a prescription. By mistake, the
pharmacist put in a poison and Aker-
berg died. Mrs Akerberg, the moth
er, sued Mayo with the result that
she was given several thousand dol
lars damages When the criminal
case came before him, Judge Stanton
said that the evidence in the civil
case showed that there was no
criminal intent in the filling of the
prescription, although there was
criminal negligence, and he therefore
fined Mayo $500 instead of imposing
a prison sentence. The criminal &C
ton action marks the end of a case
which has stirred Bemidji for several
years.
The first case to come before the
petit jury was that of Ella Lynch VS..
Ross and Ross. The plaintiff was
sueing for the value of a horse said
10 have been leased to the defend
ants. At the close of the case for
the plaintiff, Judge Stanton ordered
a directed verdict for the defend
ants.
The case of Emma Campbell VS..
Martin Arstad and Lauritz Ask went
to the jury but the verdict was for
the defendants. All parties interest
ed are said to live in the Northern
part OF Clearwater county in what
is called the Meadows The plain
tiff is known as the Queen of the
Meadows" and was sueing the de-
PENDANTS for $4,000 for assault dam
ages.
The case of James Clausen VS.. the
j. A. Irvine company resulted in a
directed verdict for the defendant al
the close of the testimony offered by
the plaintiff The case arose over a
lease of some horses by the plaintiff
to the defendants. III
Samuel Sutor, of Cass Lake, won g
victory over William Kirchof wher
the formers attorney asked that the
hn Of 96
to the Jury. The case was an echo Of
the 'Pussyfoot'' Johnson activity two
years ago. Kirchoff claimed that hi
put some liquor in Sutor's cellar ant
that he sold it to Sutor. Some o!
Johnson's men discovered the good!
and DESTROYED it. Kirchoff brough
suit against Sutor to recover for thu
goods while Sutor claimed that h
had not bought the liquor and so wa
not liable. 1t is probable that an
other action will grow out of thu
case. -.-.-.-
The court calendar contains thirty
one civil cases which are suit
against the Canadian Northern grow
ing out of the losses caused by fire.
said to have been set by sparks from
the railroads engines. By an agree
rnent between the attorneys in thu
case and the court, the thirty-on'
cases are to come UP November 2e
The court will finish the other ciVi
cases and the criminal calendar AM