The Dickinson press., 1917-03-17

CUSTER CASE
UP FOR TRIAL
COMMISSIONERS APPEAL FROM
HANNA'S CUSTER ORDER TO
DISTRICT COURT.
Case Transferred to Stark County and
Now Being Heard by Judge
Hanley of Mandan.

The proceedings to oust the old
board of county commissioners of
Hettlnger county is being given
final hearing in district court in this
city. this week on an appeal from the
decision of ex-governor Hanna, who
last fall issued an order ousting the
members of the board from office
after hearing in the case. Not be-
ing satisfied with Hanna's decision in
the matter, the members of the
board, consisting of VIM. Colgrove,
John A. Rieger and Paul +. Schmidt,
appealed to the district court and the
case set for hearing in Stark county.
When the case was brought up for
trial Wednesday morning Attorney V.
H. Crane of Mott, who is vigorously
prosecuting the case, filed an affidavit
of prejudice against Judge w. C.
Crawford, and Judge Hanley of Man.
dan was called to sit in the case.
Court was adjourned until Judge
Hanley reached this city late Wednes-
day evening and the trial commenced
Thursday morning.
V. H. Crane is conducting the
prosecution, while the defendants in
terests are being looked after by
Attorney L. A. Simpson of this city,
assisted by Attorney John F. Sullivan
of Mandan and States Attorney H. A.
Burgeson of Dickinson.
The circumstances surrounding the
case are very peculiar, as since the
custer order was issued the terms of
two members of the board of commits
sioners have expired and their sue
cessors are now filling their places.
Mr.. Rieger had two years to serve
and an appointment has already been
made to fill his place. The action
was started last fall prior to the gen.
eral election and so much notoriety
was given it that it resulted in the
defeat Of Colgrove and Schmidt, who
were candidates for reelection.
Rieger, being a holdover, was the only
official particularly affected by the
custer order, but Colgrove and
Schmidt are continuing the fight in
the hope of having Hanna's decision
set aside in order that their good
name may be cleared. The case is
the outcome of a bitter factional
fight which has been going on in Het-
finger county for several years past.
Testimony in the case will be con-
tinued Thursday and Friday and will
go to the jury this (Friday) evening
or Saturday morning. County Audi
tor Roberts and the county surveyor
Of Hettinger county are the principal
witnesses in the case and many of
the county records are being offered
as evidence.
Immediately following this case
Judge Crawford will hear the case Of
Josephine Pike VS.. T. V. Porter as
sheriff, which was transferred from
Billings county. The same jury will
serve in this case as in the Het-
finger county case, as the remainder
of the jurymen have been excused
for the remainder of the term.
The civil action of Robert L. Bar
nett VS.. the Northern Pacific was up
for trial early in the week and the
jury returned a verdict for Barnett
for 1887. Plaintiff purchased a
threshing outfit last year which was
shipped over the defendants line and
billed to Sentinel Butte, Billings
County, N. D., and owing to i'm
proper billing was sent to Billings,
Montana. Barnett filed claim for
the loss he sustained and the trouble
of locating his shipment, loss of time
for his rig, etc.
Judgment by default was entered
against William Thornton, ct al, suit
being brought by C. A. McCarty for
commission in a horse deal. The
amount involved was $3.50.
The jury being excused from
further duty during this term the re-
mainder of the cases scheduled to be
tried will be court cases.
Attorney L. A. Simpson secured a
settlement in the cases against the
Palatine Insurance Company for his
clients, Nick Latong and Matthias
Feimer. The former received $1358
and the latter $1055. These were hail
insurance claims which were not paid
when the loss was sustained.