The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-02-02
r. O N TIN u E n
nu0 paoo -.
Button Game Is
Stopped in Court
Governor in Court


room throughout the hearing but said
never a word. his attorney doing his
talking for him.
McCurdy had no comment to make
after the case was thrown out Of
court but there were intimations that
the matter might be revived in another
court action. A course suggested by
the judge was that an accounting Of
his guardianship of the boy might be
demanded from King. who long has
been active in Burleigh county politics
and now is deputy state beer COM
missioner.
One curious thing charged by Nc
Curdy in his opening statement re-
lated to the manner Of settling the in
surance claim. He said LANCER
and the agent for the insurance COM
pany had told the boy the settlement
was for $500 but that they wanted
him to tell everyone it was for $1,000
because that would be good adyertis-
ing" for the company. The boy de-
INJURED. McCurdy said. but finally
agreed to do SO and for long time
was under the impression that $4,000
was all the insurance company had
paid When he later learned that
S., 900 had been paid by the company,
1t was indicated. he began to wonder
why he didn't get more. This was in
dictated as the probable answer to
claim by the defendants that the case
ought to be thrown out Of court on the
ground that the boy had neglected to
protect his interests for SO long NEAR
~ five years. that he was practically
estopped from doing SO now. The
court ignored this contention in max
ing his ruling.
The entire proceedings were Of the
sauvest kind except for one outburSt
by Attorney Alfred zuger. represent
ing the insurance company.
It came after Thorpe had made an
especially strong plea that the court
dismiss the suit as 1t affected LANCER.
Evidently figuring that If this were
done the insurance company would be
left to hold the bag, Zuger demanded
that II it were dismissed as to one
defendant IS be dismissed as to them
all and asserted he did not propose to
have the insurance company made
the goat"
Il don't care who is on the other
side or on my side." he shouted. Bill
LANCER or anyone else. # there Is
any doubt In your mind let the EVIL
dence come In and let the jury de-
eide"
Judge Butts. something OF joker,
smiled and said he inferred that Zuger
meant business and that this is not
social affair"
He dismissed Governor LANCER from
the suit on the ground that the COM
plant alleged him to be the attorney
for the insurance company and that,
If this were 50, the plaintiff could
nave no suit against him. II LANCER
grabbed the $500 claimed by the
plaintiff, the judge held. the only per-
sons entitled to sue him would be the
, Insurance company.
Insurance Firm Paid 5000
The action against the insurance
company was dismissed on the ground
tnat the plaintiff admitted 1t had paid
the full 5000 alleged due on the pol
icy and ratified this settlement. even
though Buckley commended he got only
81 900 and that $4,000 disappeared
somewhere en- route between the In
sprance company and the boy. while
passing through the hands Of LANCER
and King. King had been appointed
the boys guardian.
King was let off as q defendant on
the ground that he. as guardian Of
the boy, is responsible to the court Of
Judge Fred Jansonius, who appointed
him as guardian, and any accounting
which Is demanded Of him should be
made to Jansonius.
| Thus, no one denied the existence
Of the $500 button, although the de-
Tense from time to time intimated
that It never really existed, but Nc
Curdy was estopped from prosecuting
the search for it on the ground thai
he hadn't begun his action in thu
right way. II appeared that he eithe,
had too many players or hadn't IS
signed them to their proper places.
His complaint that hating the game
wasn't fair to his crippled client fel
on deaf ears. Rules are rules and
must be observed the court held.
| After the court had stopped tn
81