The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1914-01-23
IMPORTANT CASE
NOW ON TRIAL AT
GRAND RAPIDS
Law Suit In Which Malcomb Nc
Donald Brings Action To Set Aside
Contract Tried Before Stanton
UNLAWFULLY SECURED IS PLEA
Mrs. Amber Mcmillan, Defendant In
Case, Accused Of Having Been An
Observation-Disclosures Royalties

Much interest is being shown in
the trial of Malcomb H. Mcdonald
against Mrs. Amber Hamilton Nc
MILAN, which is now on in district
court at Grant Rapids, Judge C.. W.
Stanton of this city presiding. -
The case involves the right of Mrs.
Mcmillan to collect certain royalties
from the Brae Iron mine near Kec-
walton, said royalties having been
transferred to her by Mcdonald. The
fact Of the assignment of these royal
ties having been made is not disput-
ed, but is is claimed by Mcdonald
that they were procured through
fraud and mis- representation. He
therefore seeks to have set aside the
agreement whereby Mrs. Mcdonald
is to receive the sum Of four cents
from every ton of ore taken from the
mine.
The complaint states that McDon-
aid lis the principal stock holder of
the Chicago Ore company, a Mime
sofa corporation; that an instrument
purporting to assign to the defendant
in the acticn the sum of four cents
- on all iron mined by the said Chi
cagO Ore company, and alleges that
II such instrument was given at all
by the plaintiff ut was for the pur-
pose of securing a spurious and ficti-
tious Indebtedness claimed by the
defendant. The claim is further made
that at the time of the execution
OF the instrument referred to Nc
Donald was mentally incompetent,
and unable to comprehend the nature
of his act in making the assignment
Dragged, Is Claim
While in this condition the COM
plaint alleges that Mrs. Mcmillan,
representing herself as a nurse, took
advantage Of his enfeebled state and
while caring for him administered
harmful drug with the Intention OF
bringing about mental condition in
which it would be impossible for the
patient to know what he was do
ing. After the partial recovery of
Mcdonald, the complaint goes on to
state the nurse threatened to
have him arrested on a criminal
charge unless a large sum of money
was given her, threatening to bring
disgrace upon him and his family I'M
less the money was paid. She al
legged at this time that she was an
unmarried woman at the time she met
Mcdonald and that he had induced
her to enter into marriage contract
with her, claiming May, 1908, as
the month in which the contract was
made.
An Adventures
1t is further asserted in the plain
tiff's complaint that Mrs. Mcmillan
was a swindling adventures and
designing trickster, who had caused
false and fictitious marriage cere-
monies to he performed and that she
has represented herself at different
places and time as Mrs. Amber Ham
ilton, Mrs. DR.. Ruby Hamilton, Belle
Hamilton, Mrs. Alexander Tourney,
Mrs. James Townsend, Mrs. Edna
Martin, Mrs. James Greenwood and
others.
1t would seem from the papers in
the case that the royalties assigned
we're paid up to the Goth of April
1909, when the Republic Iron COM
pany refused longer to honor the de-
mand for their payment, and this
now reach sum in the neighborhoo
of $4,000, this amount being still
in the hands of the Repu"lc Iron 4
Steel company, the concern purchas-
ing the ore from the mine in Ques'
ton. ..
Mrs. Mcmillan is represented bJ
Larrabee & Davis of Minneapolis
and H. B. Fryberger Of Duluth, while
McDonald's interests are being look
ed after by Thwing & Rossn1an 81
Grand Rapids, and J. R. Zane O
Chicago.