Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1919-01-28
THREE COUNTS
DISMISSED IN
ISLANDER SUIT
Summing Up in spoonheim.
Peterson Case Started
This Morning.

turesque adjectives. and wildly de-
Scrtptive verbs were some of the ele-
ments OF the malestrom of %eloquence
seen-and heard-at this mornings
session of the district u where a
Jury Is trying the case of Elk. Spoon
helm against DR.. o. T. Peterson in an
effort to find out whether or not the
plaintiff has suffered damages to the
extent Of 100000, as claimed, or
whether the defendant had been JUS
titled in making certain alleged re-
marks attributed to him in the i'm
form the basis of the action.
Attorney c.. A. Lyche Of plaintiffs
counsel took the floor Immediately
after District Judge Chas. NJ. Cooley
had dismissed three Of the causes Of
complaint. and began his summing
up before the jury to show that the
remaining three points were Of such
allie DR.. Peterson very effectively, Mr..
Spoonheim would 'be sent back to
Northwood practically branded a
criminal"
From the very moment when the
doors were thrown open, h court
room was crowded. most Of the audi
tors being Northwood residents who
the controversy existing between two
of the best known men OF that city.
$3.50 Amount is Reduced.
AT the end Of yesterdays session,
the defendants counsel asked the
court to dismiss all the complaints
against his client, and this morning
the court. ruled on the motion.
The first three causes of complaint
were not dismissed. They referred
to alleged ~utterances by DR.. Peterson
against Mr.. Spoonheim on various &C.
casions. In n case the defendant
Is charged with having said in the
presence Of D. L.. Campbell and 9TH
crs: Il can put Spoonheim over the
road at any time meaning, the plain
intended to charge that the plaintiff
had forged the defendants name to
q guarantee. For this alleged SANDER
the plaintiff asks $4,000 damages.
The second cause of complaint con-
Germs a remark said to have been
made by DR.. Peterson In the presence
of p. P. Glaserud and others to Mr..
A. NJ. Myrand had stolen $4,000
from the Northwood Mill and Light
company" Fifteen thousand dollars
damage is asked for this alleged SLAM
der, also.
Finally, it is claimed that DR.. Peter
son in h presence Of Otto Saugstad
and others had remarked that Mr..
0hOOLAAACA4Al .oOSdA1IOu $4sOVV AlOAA AlS
under false p~retenses': for this ac-
cusation the plaintiff asks damages
in the amount Of $4,000.
AS these three causes of complaint
were the only ones to remain today,
the amount involved in the case, orig
inally 100000. has been reduced to
$4,000.
The fourth, fifth and sixth cause
of complaint set forth that the de-
fendant had spoken about Mr.. Spoon
helm as the biggest roc and liar
in the country" and had suggested
that "Spoonheim should take carbolic
acid, or someone should give it to
him." also that DIR. Peterson had
charged Mr.. Spoonheim with stealing
$50 from the Northwood old peoples
home.
These three last causes Of complaint
were dismissed, and the jury was in
structed to not consider any evidence
introduced in connection with these
points.
Religious Element Plays Part.
Opening his address to the jury Mr..
Lyche said hat the attempts yes
te>aay afternoon to raise the issue OF
religion in connection with the case,
were on the very verge of blasphemy
and tending to lessen reverence for
the Almighty; such attempts were
also characterized-very Indignantly
las quite superflous in view Of the
fact that Mr.. Spoonheim was said to
be an active church member, a Sun.
day school teacher, etc.
Mr.. Lyche then challenged the de.
PENDANTS counsel to show that DR.
Peterson had ever been connected
with religious activities Or that he
had ever invested a cent in Liberty
bonds or war savings stamps. The
attorney drew a character picture OF
the two principals in the case, adding
that a man with the professional
prestige and the reputation of wealth
such as the defendant was said to en-.
Joy, could easily ruin a mans good
name by whispering slanderous and
malicious statements about the streets
and alleys.
Witness j. l.. Goeson. who was or
the stand yesterday, called forth the
most eloquent expressions Of pity or
the part Of Mr.. Lyche: God have
mercy on that man Goeson!" he i'm.
plored; that poor ~bewildered assis.
tant cashier of the Citizens bank o.
Northwood. who tried to compromise
tried to be diplomatic so as not to ex
pose himself to the wrath Of either
MI. Spoonheim Or DR.. Peterson.
1ay again., gentlemen Of the jury, Coo
pity that poor. Goeson!"
One Of the features Of the address,
of Mr.. Lyche was his assertion tina
not only had Mr.. %Spoonheim never
under any, false or true or any other
p%retenses obtained 81. 500 from DR.
Peterson, but, he said. ".the case Il
sthts that DIR. Peterson actually owe,