The Bismarck tribune., 1935-01-28
Here's Respondents Brief in the Noodle Case

Of her faith. in fact several Of them
In Minneapolis, which she attended
constantly.
Upon going to Williston Mrs
Noodle Immediately transferred her
membership In the Wahpeton church,
to q church Of her faith that was at
Williston.
After Mr.. Noodle had been in Min
neapolis for time he procured a po-
sition with the Tribune as an edi-
torial writer. The position was but
temporary, and so understood and
talked over by both he and repre-
sentatives Of the Tribune, and as
sociates Of his In the editorial de.
partment. The temporary character
Of this work was discussed with other
newspaper men in Minneapolis with
whom Mr.. Noodle was acquainted.
This appears from the evidence Of
eleven Of these men, and by Mr..
Noodles testimony. Times, places,
and details are given in the testimony
OF these witnesses with respect to
acts and statements Of Mr.. Noodle
which show that he never had the
slightest intention Of changing his
residence from North Dakota, and
proving conclusively that his resi-
dence in Minneapolis was but tenn.
porary.
Tried 70 Buy Newspapers
During the same period he had con-
versations and dealings with North
Dakota newspaper men Of the same
character, and the sworn testimony
Of these men Is before the court.
One Of these. Mr.. Carlson, heard
that Mr.. Noodle wanted to buy a
country paper, and went to Minne-
apolis on July 80. 1880. and saw Mr..
Noodle. They talked about the pos
sibility Of jointly buying the Walhalla
Mountaineer. which they had heard
was for sale, and Mr.. Carlson was
sent to Walhalla to make the pur-
chase, Noodle paying one-half the
expenses Of the trip. Mr.. Carlson,
accompanied by his wife, made the
trip.
It was not possible to buy this
paper because 1t was held under lease
by one Nelson. Thereupon Carlson
went to Grafton and negotiated for
the purchase of the News for Mr.,
Noodle. He found the plant run
down and the price too high, and
abandoned that purchase.
He then went to Neche, hearing
that the paper there was for sale
but decided that the town was too
small.
Mr.. Carlson reported these three
prospects and the results personally
to Mr.. Noodle at Minneapolis.
Mrs. Carlson testified confirming
the testimony OF her husband and
Noodle with respect to conversations
between the Noodles and Carlsons
in relation to Noodles intention tC
acquire a North Dakota paper, and
reside in North Dakota, and the trips
and negotiations for the purchase o1
the three papers just referred to.
Rejected Montana Offer
In August, 1880, Carlson had pre-.
sented to him an opportunity to buy
q paper In Montana, and another II
South Dakota. He went to see Mr.
Noodle and tried to get Mr.. Noodle
interested In these papers. but Mr.
Noodle told Carlson that he did no
want to buy any paper outside o1
North Dakota.
At this time Carlson told Mr.
Noodle about the possibility Of buy
Ing the Williston Herald or an in
terest In 1t, and 1t was agreed tha
Carlson would get In touch with the
owner and see what could be done
He did this, and again reported to
Mr. Noodle that such purchase
could probably be made, and the
price named by the owner. Noodle
stated that he would take the mat
ter Of this purchase up further, which
he did. with the final result that he
bought an interest and took charge
and went to Williston with his fam
lily when the negotiations were COM
pleted.
The testimony of all these wit.
nesses is to the effect that Mr.. Noodle
affirmed and re-affirmed repeatedly
his intention to continue in the coun-
try newspaper business In North Da-
kota, that the people OF North Da-
kota were his kind of people. that
he was acquainted and established
there, that he was not interested in
going into business In large city
and that he was In Minneapolis just
temporarily until he found the right
kind Of an opening and a newspaper
that would be satisfactory to him.
Negotiations Left Open
Reverting to the plans Of Mr.. Noodle
when he left Mohall, 1t appears that
he investigated three newspapers
after he sold the Mohall paper and
before going to Minneapolis. Two
were at Crosby and one at Williston,
the latter being the one he eventually
purchased. He made = trip to Cros-
by and had negotiations with the
owners Of the papers there and he
went to Havre, Montana, to see the
manager and part owner Of the VIII
liston paper. Negotiations for thest
papers were left open, and Mr. Noodle
kept in touch with these prospects
white In Minneapolis with reasonable
expectations and prospects Of buying
a paper at some one Of these places
BY working at Minneapolis. Mr.
Noodle was able to earn enough
money to live on temporarily, anc
this enabled him to keep his capita
intact to buy another paper.
Mr.. Noodles stay In Minneapolis
was prolonged on account Of the sick
ness Of his sister-in-law, who livee
at International Falls, but came K
Minneapolis for treatment from
time to time. She stayed with th'
Noodles most Of the time while there
although she was In the hospital par
Of the time. It was discovered aftel
she had been in Minneapolis severa
months that she was suffering from
fatal disease. and Mrs. Noodle de-
sired to be with her and care To-
her during this last illness. MI
Noodle was agreeable to this, and o,
account Of these circumstances HI
plans were somewhat delayed. al
though during the whole Of the TIM
he carried on his efforts to procur'
tho kind Of paper that he desires
in North Dakota. Upon the deatl
OF the sister -in-law he renewed hi
efforts and activities to get thi
paper, with the results mentioned.