Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1915-06-24

ceiver to institute in the proper
court action against Messrs. Hanna
and Weiser for recovery of the dam
ages sustained by the Medina bank
by reason of the failure of the above
parties to carry out their agreement
and furnish money and funds neces-
sary to prevent run on the said
bank and to keep the: bank open as
going business institution.
Upon motion of ]. w. Carr, attor-
ney for receiver, the court ordered
that Michael Murphy, receiver, be
authorized and directed to prosecute
an action in the proper court for the
purpose Of recovering the damages
sustained by said Medina State bank
for the reasons above stated.
Criminal Cases Continued.
In the matter Of the motion for
postponement of the criminal cases
instituted against Messrs. Shredder,
Barber and Wheelock, the court
granted a continuation as asked for
upon the statement of Attorney Pur-
cell that the result of the civil action
if favorable would have an important
bearing in the trial Of the criminal
cases, and it was hoped as the result
of the civil action to secure a repay
ment of the balance of the losses sus-
tanned by the bank; that in case of
continuance Of the criminal cases no
rights of any parties would be i'm
paired, and that diligent prosecu-
ton of the civil case wonld be made.
States Attorney Chase FOR the state
interposed no objections to the con-
tinuance of the criminal cases and,
upon the filing of the proper state
ments, the court allowed the motion
for a continuance as requested.
1t is probable that the civil action
above referred to will come up in the
near future in the Cass county dis
troct court.
The criminal actions against A.
w. Schroeder, as cashier, for receiv-
ing funds after the bank was insolv-
ent, and against Messrs. Wheelock
and Barber, directors, for permit
ting him to do so, were begun on
May 3 and on a preliminary hearing
in Justice Bigelow's court, James
town, the defendants were bound
over to the district court for a hear
ing. The bank failed January IA,
1914. .
The. case promises te attract wide
attention on account Of the unusual
features therein and the prominince
of the parties concerned. Attorney
Purcell stated that the attorneys rep
resenting the defendants in the Grim
| inal cases and also who were re-
tanned as counsel in the prosecution
of the civil case were Attorneys J. w.
Carr, o. J. Seller, Jamestown; Pur-
cell, Divet & Perkins, Wahpeton;
Engerund, Holt & Frame and Attor-
ney Lowell, Fargo
Court Made New Citizens.
On the opening of the district
court the following residents of the
county were admitted to the privileg-
es of citizenship:
Gus Johnson, Gullik Torland, Paul
Hackstock, Soren Madsen, Frederick
| Docktor.
Call of the Calendar.
At the expiration Of the call of the
| calendar it was found that there
were 5 jury cases and 10 court cas-
es fixed for a hearing at the present
term. There are number of minor
criminal cases, principally blind pig
actions, which will come up for dis
position. The following cases have
been set for trial in order named,
on the pre-emptory call.
Nelson v. Docktor, default case
in all probability; Bank of Driseoll
v. Woodbury.; Siebert v. Siebert; and
three cases against the Northern Pa
cific railway, Messers. Gibson, Rich
ards and Heinman being plaintiffs.
The following criminal cases have
been set for a hearing following the
disposition of the above civil cases:
State v. Crawford, Dippy, Ste sn
and Ackerman.
A number of cases were settled.
The case of the State v. Stewart
Grant was transferred to the county
court; Stat ev. Alderman is an as
sault case.
The case of Baach v. Schneider
was dismissed with costs to defend
ant. The case of Oscar Olson, Louis
Knutson, ct al. v. Kinmare school
District No. 2S, ct al, was announced
as having been transferred to Ward
county district court.
The case Of John Thum v. Adam