The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1922-02-10
JURY IN DISTRICT C0URTGIYES
C0,A,NATI0NAL GUARD, VERDICT
$4,000 AND INTEREST IN ITSSUIT
Verdict in Case Involving Al
legged Conversion of Personal
Property During War Decided
IN COURT ON THREE DAYS
Verdict Gives Company Virtu-
ally Full Amount Asked For
In It's Suit

Verdict for $4,000 with interest at
per cent from October l, 1917, was
given Company A in it's suit against
Edmund A. Hughes for conversion of
personal property in the, Armory dur
ing the war by jury which reported
in district \court at 1880 o'clock last
night to Judg, A. ~ Coffey, the total
verdict being over $1,000.
The jury in it's verdict allowed vir-
tually the, total claim Of Company A.
The original suit was for $4,000 but
attorneys, saying they learned in their
investigation that consid erable pro.
perty had been taken which had not
been included in the original suit,
amended the complaint and sued for
$500.
The case opened Tuesday afternoon
in district court. The jury received
the case about 4 p. m. yesterday and
reported in open court at 1880 p. m.
1t is expected it will be appealed.
North Dakota National Guard Train
ing School, a corporation, VS. Edmund
A. Hughes. 1t was originally started
by w. A. Anderson, assistant attorney
general, but prosecuted to its conclu-
sion in district court after a vote of
directors of Company A.
Company A Allegations
hot NJ h1
the members left for foreign service
there was valuable personal property
left in the armory. When they re-
turned it was gone. The directors Of
Company A who authorized the bring
ing Of the suit were Major A. B.
Welch, l.. H. Langley, Ferris Cord
ner and Ward Preston. Among the
most. active in prosecuting the case
was Herman Brocopp, who was dec
Grated in France for bravery.
The personal property which Com
pany A alleged that Mr.. Hughes con
verted to his own use included g.
steel lockers, part Of which it was al
legged were taken to the coal mine at
Beulah; steam boiler, 320 chairs, an
electric player piano, $50 pair of roller
skates, much furniture and rugs. 1t
was alleged by individuals that be.
longings of individual soldiers in tn
lockers were taken, including gifts
from local people which could not be
taken in foreign service under army
regulations, but these were not in
cluded in the suit of the company.
Company A alleged when the soldiers
returned they found the defendant had
entered into possession Of lease on
authority of letter of the late Capt.
John Murphy. The authenticity of
Murphys signature and his authority
was questioned by the plaintiff. De-
Tense attorneys also claimed no pro-
perty was converted but that the lock-
ers which were taken were paid for.
Witnesses for the plaintiff in the
case included Major A. B. Welch,
A. H. Sch ernowski, Robert Webb, as
a diSinterested furniture expert, l.. H.
Langley, Herman Brocopp, Harry
Clough, Mr.. Biggs, A. Van Horn, and
Major Sorenson, of the Adjutant-Gen-
by the defense attorneys included
Henry T. Murphy, Ward Preston, Fer
ris Cordner, E. A. Hughes, the defend
ant. %tEg-
Another Suit
There is one other armory suit
pending. This suit is for possession
of the lot and armory building and is
before Judge Nuessle now on mo-
ton. When it was up first attorneys
for the defense questioned the author
ity for bringing the suit. Attorneys
for Company A say that since for
NAL vote ,of the board Of directors has
been taken. ..a..y. ....
Attorneys for Company A were F.
o. Hellstrom and Theo Koffell.
To ReOrganize Guard.
1t was announced by Herman Bro
copp one Of those instrumental in the
suit that one result of the verdict if
the judgment is obtained, would be
to give impetus to the movement to
reorganize Company A.
I'VE expect to reorganize Company
A again." he said. Last April we
organized the company and had 65
men signed up, all of whom were ex-
amined by DR.. Fisher, and DR.. Fisher
praised the character Of the men high
ly. We could not receive federal recogt
y nition becouse we hOd no armory. A
National Guard company must have
an armory where the government will
be willing to trust its property. The
money obtained in the suit will go
into the Company A fund of course,
after expenses are met, and will pro-
vide nucleus for the reorganization
Of Company A. There are three cities
now which are trying to take Com
pany A. which was allotted to Bis
marck by the adjutant general, but
we hope to be able to keep the COM
pany here in the Capital City of the
state"
MAY SAVE LIFE.