The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1914-02-27
District Court
Adjourned We'd.
For the First Time in Twelve
Years Gases Continued Over
Are in Small Numbers

Judge Coffey dismissed the
jury last week on Thursday after
being here four days. The jury
was impanelled in about fifteen
cases but only one was tried by
them, the rest We're either dis
missed or taken away by the
Judge.
The case Of H. II. Erbe VS..
John Rathjen which was OH for
trial last week seemed to be
quite drawing card for the
public generally. This was an
action brought by Erbe to OBJ
tain possession Of certain per-
sonal property including a Ger
tain building known as the
Wafred T. Anderson Boat and
Club House and Summer Resort
on Painted Woods Creek. Erbe
claimed the same by reason Of
a bill of sale from Anderson,
while Joseph Mann claimed he
was the real party in interest, and
Erbe just a "figurehead". This
Erbe practically admitted. Rath-
jen claimed lien upon the same
by reason of the fact that he had
first suggested to Anderson the
propriety Of building such a ne
sort and has superintended the
construction of the same and
gave the place his daily atten-
tion and was always blind to
what was going on unless he had
special instructions. The loss of
this place Rathjen felt would
surely put some one op the water
wagon.
The testimony which was very
interesting, especially when Rath
jen accused Attorney Nelson Of
being a frequent visitor and
helped Anderson to drink beer,
and on cross examination Rath-
jen was compelled to exonerate
Nelson from such charge, but,
still insisted that he himself had
drank considerable water during
the time the place was in active
operation.
Both parties feared to let a
jury pass upon the issues and
each in turn made a motion for
a directed verdict. Plaintiff fear
ed that the defendant s appear
ance showed unmjstakeable signs
of much hard labor done while in
charge Of the pace.
To the public in attendance it
looked much more like case for
the Probate Court to determine
heirship, and they seemed to be
of the opinion that Rathjen had
the better Of the case.
But the Court seemed in doubt
and took the case away from
the jury and gave the respective
parties time in which to file
briefs covering the points Of law
involved in the case before rem
dering his decision.
The last case to be tried by
Judge Coffey before he departed
Friday was the trespassing case
of Bold VS.. Cromwell. This ac-
tion started in justice court over
fi&ty-two cents. When it was
brought up for trial in district
court it was dismissed by the
court under the law which pro-
vides that no action for the tres
passing of stock in sum less
than $25 can be brought before
the district court. The Judge
showed his displeasure in having
neighborly quarrels aired in cour
when he dismissed the case.
Judge w. L. Nuessle came up
from Bismarck Monday morning
to hear the balance of the civil
cases.
In all during this adjourned
term OF court. Sixty y-three cases
were tried and disposed of. Only
five cases were continued over
until the next term of court. This
Is the first time in twelve years
that less than fifty cases were
continued over. All cases that
were referred had the clause at
tached to them that If the testi-
mony was not taken on or before
the first day Of the next term Of
court they would be dismissed.
The cases Of F. Z. Irish were
among those continued.
AS THE FARMER BOY
LOOKS ON EDUCATION,
Nowhere is the hunger for an
education keener than It is among
u n, 8