The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-03-31
LIBEL CASE IN
!. KCLUSkY COURT
FORMER PUBLISHER OF GOOD
RICH CITIZEN WAS SUED
IN DISTRICT COURT,

McClusky, n. D., March 31.-A libel
case growing out OF the 1912 campaign
in Sheridan county came up in district
court here on Monday. This is a case
in which former County Judge L. A.
Dunning sued w, j. Burt, formerly Of
The Goodrich Citizen for SANDER, de-
manding damages in the sum of $5,-
900. The quiil-pusher from Goodrich,
who now Yields the weapon at Bow
don, in the capacity of editor of The
Guardian, used such expressions as
drunken sot," etc, in a Writeup in his
paper Of the then county Judge who
was a candidate for reelection. This
the judge resented, and he felt his
feelings wounded to the extent of
$4,000. Hence the suit. The outcome
Of it was that the court instructed the
jury to bring a verdict for the defend
ant, which it did. 1t was not shown
in h testimony that Burt had any
reasons for the alleged libel-the YER
dict was directed on some technical
grounds.
Andreas Braunberger, the farmer
who was found guilty of assault with
a dangerous weapon, was sentenced
by the court to Imprisonment at hard
labor in the penitentiary at Bismarck
for the period OF one year. He Is now
in iail here and will be taken to the
pen by Sheriff schaeffer some time
this week.
The case of Henry stradinger VS..
Mary Adelmann was dismissed on
motion Of attorney for plaintiff. The
suit involved the title to some real
estate.
The case of the Merchants State
bank Of Drake VS.. L. A. Dunning &C.
cupied the attention of the court on
Tuesday. In this cas the bank is
suing to recover on a mortgage given
by one Ole c. Welton to John Skogmo
to secure the payment of a note, which
note and mortgage had been legally
acquired by the bank. Mr.. Dunning
claims he bought the. property in
yoived, being a pair Of horses, from
Ole G. Velton, who gave him a bill Of
sale. The mortgage in question was
filed under the letter w. Dunning'
further claims that he, searched the
records (under W and finding no UNI
satisfied mortgage against the horses
bought and paid for them. The bank,
owner Of the note and mortgage, in
February last, about two years after
Dunning bought the horses, secured
possession Of them on a writ of re-
pleVin, and instituted proceedings to
recover the amount due on the mort
gage. Several witnesses were heard
and much conflicting testimony intro
duced. Dunning claims he cannot be
held to pay for the horses twice, hav-
ing known the man only by the name
OF Ole c. Velton, having purchased
the horses from him by that name and
having acted in good faith In the
transaction and at all times since. The
bank contends inasmuch as their
mortgage was on record it was notice
to all the world that they had a lien
on the team and anyone who bought
1t must assume the encumbrance.
Skogmo swore on the stand he had
informed Dunning Of the mortgage
against the team before the transfer
took place, n Dunning swore posi-
lively that Skogmo never said a word
to him about it until over a rear aft
erwards. The jury retired at about
1880 Tuesday evening and delivered a
sealed verdict about three hours later.
The verdict was read in court We'd
nesday morning and was as follows:
We, the jury, find for defendants"
etc. Attorneys for plaintiff were Nor
row & Dickinson of this city and ]. A.
Hyland of WaShburn, and the defend
ant was represented by Attorneys
Alloys Wartner of Harvey and Peter
A Winter of. McClusky..
There are a couple more cases on
the calendar which it is expected will
take all day to dispose of. Judge
Nuessle will probably adjourn court
after having held the longest term in
the history Of Sheridan county,