The Duluth rip-saw. [volume] (Duluth, Minn.) 1917-19??, 1920-01-10

called but not all OF them were out
on the stand. Many of the settlers
summoned by the defense gave testi.
mony that was materially helpful to
the plaintiff, and even damaging to
the defense.
A large number Of women was there.
summoned by the defense, a Battalion
of Death, so to speak. One girl plain
ly showed one day that she had per.
jured herself. The court showed great
displeasure. He plainly stated that if
the witness had been a man or even a
mature woman he would have imposed
a sentence Of 60 days in the county
Jail. He warned all the witnesses to
let that instance be a warning to all
who might follow.
Among the more prominent witnesses
summoned and used were John A.
Brown, G. E. Duggan, Frank A. Will
liams, L. w. Bennington, Sam G..
Stearns, Louis A. Berg and John Elm.
hurst, well known cruisers and forest
fire experts.
H. w. Richardson offered testimony
as a meteorologist and weather expert.
w. H. Kenty testified as to the direc-
ton Of the wind near Cloquet on the
night Of October IL.
w. B. Osborn, of Portland, Oregon,
an expert in charge of the U. s. Forest
Fire Fighting department for three
states, summoned by the defense to tell
chow it happened" fumbled badly on
the stand and made poor expert wit
ness for his side.
DR.. o. A. Graves, a Duluth chemist,
told how fires could develop through
ignition or combustion Of certain
gases, such as carbon dioxide and
carbon monoxide. His testimony was
not particularly helpful to the defense.
Witnesses for the defense whose testi=
mony really was helpful to the plain
tiffs were Nels Norseen, I. B. Phelps,
John A. Franseen, Ernest Vandervort,
William Olson and Barney Fieve.
A host of Finnish people summoned
as witnesses for the defense at first
were housed at the Frederick hotel and
fed at the New England restaurant. It
made one think of the peace delegates
and conference at Paris. The 500 Line
manager Of the commissary found that
the Firms were eating too often and
too expensive meals, therefore he put
up sign, instructing the restaurant
management to serve meals family
style and at a price not to exceed so
cents each.
Those Finnish people were accus-
toned to have plenty of food and a
short sampling Of the 50 cent meals
drove them to the Toverilla.
A. A. harrington was court stenog-
rapher for the case and one Of the
Films wanted to know if that man was
George Washington, the observing citi-
zen from Northern Europe seeing a re-
semblance between the reporter and
the portrait Of the Father of Our
Country.
A slight sensation was created by
the discovery that Ojan Peran, deputy
clerk of the district court at Hibbing,
there as an interpreter, also was spend
ing some of his evenings at Mr.. Fry
berger's office, working with witnesses
for the defense Or those who might be-
come witnesses.
Early in the case, Mr.. Fryberger
promised to show q connection between
the fire near Anderson 3 farm and an
other fire 10 or IL miles away, coming
from the Southwest, instead of the
Northwest, therefore entirely discon-
nected with the 500 Line fires.
To show that, Mr.. Fryberger was
compelled to show that the wind blew
quartering to what it did, from the
Southwest instead of the Northwest.
That he fully failed to accomplish.
Mr.. Fryberger made many genuine
Hindenberg drives against the plain
tiff but, each time, he was either
stopped or thrown back into his own
trenches. Those hard, stupeDdous,
seemingly invincible drives were firm
ly met by Hugh J. McClearn, like q
veritable mountain of Scotch granite,
and his quiet, Watehfui associate, G. j.
Dodge.
Mr.. Fryberger has attained a repa-
tatioa at the Duluth bar which makes
it impossible for anyone to belittle his
skill and strength as a lawyer, but he
and his learned associates found the
lawyers for the plaintiff resourceful,
able and competent to meet any move,
drive or feint. It was battle royal
and worth going many miles to see.
This brief and rather rambling report
utterly fails to do justice to the many
features of the case.
When the jury assembled for the
opening of the sealed verdict on Mon.
day morning, Dec. 81, the members Of
that body personally signed and hand
ed to Judge Dancer the following note
of appreciation, viz:
"Having served as jurymen in your
court for nearly six weeks and having
witnessed your patience and wise dis
elimination in trying this long case, we
desire to express to you our high ap-
probation and esteem"
Judge Dancer, in his reply to that
complimentary expression, declared
that it was the first time in his expe-
Mence on the bench that he had been
handed bouquet like that by q jury.