Renville County, Minnesota - Bench and Bar, 1916

Bench and Bar

Early Judicial Affiliation - Territorial Judges - District Judges - Early Courts - Murder Cases - Appeals From the District Court - The Bar - Present and Former Attorneys - Admissions to the Bar - Biography - Written by James McBride George, LL.B.

On June 11 Alexander Ramsey, the first territorial governor of Minnesota, issued a proclamation dividing the territory into judicial districts. The county of La Pointe and the region north and west of the Mississippi and north of the Minnesota river and of a line running due west from the head waters of the Minnesota to the Missouri river constituted the second of these three districts. Judge Bradley B. Meeker was assigned to preside over this district. Court was ordered to be held at the Falls of St. Anthony, now Minneapolis, on the third Monday of August.

By an act of legislature October 27, 1849, the entire territory was divided into nine counties. Wabashaw county, as designated under this act, was comprised of practically the entire southern half of the present state of Minnesota and the southeastern portion of South Dakota, thus including the southern one-half of the present Renville county.

Itasca and Wabashaw counties were for judicial purposes attached to Washington county to make up a new second judicial district, with Hon. David Cooper on the bench.

Under the same act Dakotah county was created and consisted of all the territory west of the Mississippi, south of a line due west from the mouth of the Clearwater river, east of the Missouri and north of a line drawn due wes.t from a point on the Mississippi opposite the mouth of the St. Croix river. It thus included the northern part of what is now Renville county. Dakotah. Wahnahta and Mahkahto were attached to Ramsey county for judicial purposes and constituted the new first judicial district under Judge Aaron Goodrich, who was to hold court at St. Paul annually on the second Monday of April and the second Monday of September.

The legislature of 1851 by Chapter I of the Revised Statutes, passed Jan. 1, reapportioned the territory into new counties. The present county of Renville, under the new distribution, was entirely embraced in Dakota county, which county was again attached to Ramsey for judicial purposes.

By an act passed March 5, 1S53, Renville county was embodied in Pierce and Nicollet counties, and the residents of the territory now composing Renville county were

Not until Feb. 20, 1855, was there created in the territory of Minnesota a county named Renville. This new county included all of the present area and small parts of .Meeker, Kandiyohi and Chippewa counties.

The constitution of the state of Minnesota effective May 11, 1858, provided for six judicial districts dividing the state into six approximately equal parts. The county of Renville, with the counties of Le Sueur, Sibley, Nicollet. Blue Earth. Faribault, McLeod, and Brown, comprised the Sixth district.

During most of its early history court was not held within the county. Citizens who were in pursuit of the due process of law were often compelled to yoke the favorite team of oxen for the long trip to St. Peter or Faribault.

By an act approved March 8, 1860, a new Renville county was created and attached to Nicollet county for judicial purposes, "until the county officers of said county shall have been elected and qualified as contemplated by the act." The act further provided that the county, upon proper organization, should become part of the Sixth judicial district.

By the act of March 5. 1862, Renville was detached from Nicollet county for judicial purposes, transferring all Renville county cases from the Nicollet county court to the court of Renville county, with court to be held the first Monday of October.

However, on September 29 of the same year, after the Indian massacre, the county was, by act of legislature in the special session, reattached to the county of Nicollet for judicial purposes and all Nicollet county judicial officers were given full power in the county.

In 1861 a part of Renville county was designated as being within the bounds of Lincoln county, created at that time. This was repealed in 1866.

held in Renville county. It is not known what was the result of this election, but under the act Lincoln county was to be attached to Renville for judicial purposes which, of course, would result in no change of the place of holding court.

When the ninth district was created March 11, 1870, Renville county was included therein. In the middle nineties it was made a part of the twelfth district.

The first judge of the sixth judicial district was James M. McKelvey. He served from May 24, 1858 to Dec. 31, 1864, but never held court within the boundaries of the county. A number of Renville county cases during his term of office were heard at St. Peter.

The first term of court within the county was held by Judge Horace Austin at the second story of the Dakota House in Beaver Falls in September. 1868. The first court house was not built until 1872. It was of stone and was combined with the county jail ; the entire cost of the structure not exceeding $2,000.

The Hon. Horace Austin became judge of the Sixth judicial district Jan. 1. 186;"., and held court in Renville county three and one-half years later and in the autumn of 1869. He was followed by the Hon. M. G. Hanscomb of St. Peter Oct. 1, 1S6H. who occupied the bench in that district only until Dec. 31 of the same year. He, however, was appointed the first judge of the new ninth district March 11, 1870. which position he retained until Jan. 1. 1877. He held his first term in Renville county Sept. 6, 1870, followed by a term each fall thereafter.

His successor was E. St. Julian Cox, of St. Peter, who remained on the bench until March 22, 1882. His first term was held in the county March 19, 1878. His last term opened May 24, 1881. In the meantime, however, the Hon. D. A. Dickinson of Mankato from the sixth district presided over the term beginning Nov. 10. 1879. and the Hon. Wm. Sochren of Minneapolis from the fourth judicial district presided over the term opening Feb. 16, ISM'

On April 4. 18S2, the Hon. H. 1). Baldwin of Redwood Falls became judge of the ninth judicial district and held his first term of court in Renville county, May 23 of that year. He held office until Jan. 3, 1883, his last term of court opening Nov. 28, 1882.

Hon. B. F. Webber, of New- Ulm, became the next incumbent, Jan. 3, 1883. and held office until some time in October. 1896. He held his first term in the county Jan. 23, 1883. He presided over court in the county the last time Oct. 27, 1896.

In the meantime the twelfth judicial dis trict had been formed and sometime in 1896 or 1897 Renville was made a part of that district. At the time of this annexation Hon. Gorham Powers, of Granite Falls, was judge of the twelfth. He assumed office Jan. 31, 1890,. and died April 15, 1915, shortly after his resignation on account of ill health. His first term was held within the county May 18, 1897; his last term May 13, 1913.

Hon. G. E. Quale, of Willmar, became judge of the twelfth judicial district April 30, 1897. thereby giving the district two judges. He held his first term in Renville county May 17, 1898. Subsequently he held terms in the county Nov. 15, 189S, Mav 12, 1902, Mav 9, 1904. May 9, 1910, July 11. 1910, Nov. 10, 1913. May 11, 1914, Nov. 9. 1914, May 10, 1915, and July 12, of the same year. During the last term of office of Judge Powers he was in exceedingly bad health, which made it necessary for Judge Quale to take his place in Renville county.

The Hon. Richard T. Daly, of Renville, the successor of Judge Powers, was appointed by Gov. W. S. Hammond, Feb. 25, 1915. His first term was held at Willmar, March 15, 1915.

First Term Held in County. - The first Renville county term of court for the sixth district opened on Sept. 1, 1868, Hon. Horace Austin presiding. The grand jury consisted of the following named citizens: George Geiske, John Tracy, Clement Trettar. Russell Butler, George Berry, Walter Cleft, Judson Sealy, M. S. Spicer, Nelson C. Frazier, Willard Drury, Datis Rector, Wolfgang White. Henry Ahrens, Perry Burch, Lemuel Herbert. George McCulloch, Victor Reike, Henry Dreyer, Louis Thiele. Burt Nichols, Rufus W. Earle, Homer Smith, James W. Butler and Jerome Comstock.

George McCulloch and Russell Butler were excused, and G. P. Greene was added to the list. Rufus W. Earle was appointed foreman. O. T. Tubbs was appointed officer of the jury.

The seven cases on the court calendar were marked as follows: No. 1. George McCulloch vs. Terence Brazeil; stricken from the calendar on motion of Sam Mc- Phail, Esq. No. 2. Terence Brazeil vs. John Tracy; marked for trial. No. 3. John O. Payne vs. E. T. Tillottson; marked for trial. No. 4. George Bowers vs. Terence Brazeil: passed. No. 5. George Bowers vs. Terence Brazeil; passed. No. 6. Terence Brazeil vs. John Tracy; for trial. No. 7. Terence Brazeil in name of wife vs. John Tracy; for trial.

< Mi motion of Samuel McPhail, P. H. Swift, who had been admitted June 5, 1867, to the Wisconsin bar, was duly admitted to the bar of Renville county. Case (No. 4) of George Bowers vs. Terence Brazeil was called for the following morning.

Court duly opened the following morning. Joseph Preston, William Tracy, Henry Blume. Dennis O'Shea, Holder Jacobus, Walter Rea, John Dagen, Frank Hall, Carl Holtz, Christian Sperber, C. Rich. James Gaffney, Henry Timms and R. R. Corey were excused from further attendance as petit jurors at that term. Case (No. 4) of George Bowers vs. Terrence Brazeil was dismissed. Case (No. 5) of George Bowers vs. Terence Brazeil was called and the following jury empaneled: Joseph Dean, P. Blume. Magner Johnson, James Burch, Joseph Le Baron, Franz Smith, George Burch, Patrick Ryan, Henry Seely, William Phelps, John A. Bush and A. D. Corey. George Bowers,

The first indictment of which there is any record in the minutes is that against Jeremiah P. O'Shea, Sept. 7, 1870. He was bound over to the next term.

Murder Cases. - Like "the annals of the poor," the list of serious crimes in Renville county is brief. Whether this happy state of affairs be due to the inherent lawabiding character of its people, or to the wellknown vigilance of its police officers, or, what is more likely, to the feeling of contentment among its people, "their wants but few, their wishes all confined" - the fact remains that crime is perhaps the only crop that does not grow abundantly on this fertile prairie.

The following cases are related to show that there is some foul seed, however, among the grain and that the weedingout process is not yet complete.

In 1882 the grand jury indicted Andreas Anderson, living in Henryville, for the murder of his wife, Caroline. It appears from the testimony of witnesses that Anderson, on the afternoon of February 22, attempted to shoot his wife, but that the shotgun was taken from him and the load fired into the air by his daughter; that soon after he stabbed her with a pocket knife, from which wounds she died five days later; and that upon capture by a neighbor he had confessed to the deed.

At the trial an attempt was made to show that he was insane, but the jury found him guilty of murder in the second degree and he was sentenced to Stillwater for life, a motion for a new trial having been dismissed. In 1891 his sentence was commuted to end August 1 of that year on the grounds that he was probably insane at the time of the crime.

the village of Franklin. He was returning from town, whither he had hauled a load of wheat that day. When found he was lying in the road with a bullet hole in his head. William Henry Eagan, a lad of about fifteen years, was captured on the train next day near Fairfax heading for Minneapolis. He pleaded guilty to the crime and was sentenced to hard labor in state's prison for life Nov. 27, 1882, just seven days after the crime was committed. He received a full pardon Dec. 29, 1892, among the reasons given for his pardon being the fact of his extreme youth, that it was believed he committed the act in self defence, and that he plead guilty under advice of his attorney, and for the reason that the people were "very much exasperated over another murder in the community."

On April 24. 1886, Albert Reigel, in the township of Beaver Falls, shot Paul Guderjohn, otherwise called Henry Schultz, with a shotgun, from which injury the latter died two days later. Indicted for murder, Reigel was found guilty by the jury of manslaughter in the second degree.

It appears that the two men had set out from Renville well supplied with liquor late in the afternoon; and that on the way, both being intoxicated, and while Schultz was lying in the wagon box with a gun nearby, Reigel had touched the gun and it was unexpectedly discharged.

A sensational case that created considerable excitement at the time was the shooting at Hector of William C. White, an attorney, with a pistol in the hand of Lincoln H. Parker, on the afternoon of July 31, 1888. White died on August 11. His wife, who was a sister of Parker, had died but a short while before, and it seems that the shooting was the outcome of a quarrel that arose between the. two men concerning her. Parker had just arrived on the train that day and the affray occurred at the post office a short while after. The jury acquitted Parker "by reason of insanity."

Charles Howey. a transient farm laborer, was found dead near a livery barn at Bird Island, Jan. 30, 1903. A coroner's inquest held a few days later brought in a verdict of death caused by "heart failure due to alcoholism."

At the inquest it developed that Howey had been seen on that day with a large roll of money, amounting to not less than one hundred dollars. When he was picked up in the snow the only money found on his person was a silver dollar and a twentyfive cent piece was discovered nearby imbedded in the melted snow and ice. Abrasions on the skin on forehead and nose and a pool of blood in the snow aroused the suspicion of many that he had been foully dealt with in order to secure his money.

When, after the jury's verdict, preparations were made to bury the body, an injunction was secured against the burial and another inquest was held about ten days later. Examination of the vital organs showed evidence of inflammation in the region of the brain and a fatty degeneration of the heart. The coroner's jury decided that his death came by rupture of the valves of the heart.

Considerable excitement was engendered during the progress of the case, although no evidence of foul play was found. It seems likely, however, that robbery was committed.

William Olson, a transient laborer, was shot in a holdup in a box car at Bird Island, Sept. 4, 1913. With two other laborers he was aroused from sleep and his money demanded. Details of the affair are lacking except that Olson was shot twice from the effects of which he died a short while later. Night watchmen at the depot followed a retreating figure, but he escaped in the darkness. The murderer has never been apprehended.

On Saturday morning, August 5, 1911, the county seat was stirred by the news of one of the most terrible tragedies in the history of the county. At the home of William Wolff, in the east end of Olivia, lay three dead bodies - father and daughter, and the son of a former neighbor - mute but compelling evidence of the night's horror. Beyond the immediate comprehension of the mind - so appalling were its aspects to the townspeople - the calamity seemed like some terrible nightmare which could not. perforce, be driven from the mind. Father, honest in life and generous, the afternoon of life suddenly changed to night; daughter, springtime's flower cut down by Time's relentless sickle: youth, so heated in passion, now so cold in death. Misfortune never wore more sombre hue.

At about one o'clock Saturday morning, Mr. and Mrs. Wolff had been awakened by the cries of the daughter. Cora, who occupied an adjoining room upstairs. The father immediately proceeded to the girl's room while the mother hastened to light a lamp. Hearing the report of a revolver, the latter hurried out of the house and summoned the sheriff, the county jail being only a few blocks distant. Together with the village marshal they proceeded to the bedroom, only to find the door closed and blocked. Two shots rang out and the officers believed they were being fired upon. Forcing the door they entered the room. Three dead bodies met their dumfounded gaze. Mr. Wolff's body had fallen against the door, that of Cora lay at the other end of the room, and across her body that of Edward Corey.

Physicians located three bullets in the body of the father, two in that of the daughter, and two in Corey's breast. At the inquest held the jury's verdict was that

In commenting on the motive for the crime, the Olivia Times relates the following: "It seems clear that young Corey was actuated to commit the crime by a desperate love for the girl. It appears he became infatuated with her some time ago and, although she tried repeatedly to avoid him. he continued to force his attentions upon her. They were reared in the same neighborhood and saw much of each other, but it appears she never encouraged him in his wooing or returned his affection. While attending school at Mankato last winter she received a visit from him, and at that time she gave him to understand she did not regard him as a lover. On the day before the murder he had prepared to leave town, intending to go to Montevideo, where he was offered a position. He left his father's home, two miles south of town, in the morning and after coming to town called at the Wolff home, presumably to say goodbye to Miss Cora. She refused to see him and Mr. Wolff ordered him away. Whether he made any threats at this time is not known for a certainty but his actions were such as to alarm Miss Wolff, for shortly afterward she went to see Sheriff Vick and informed him she was afraid Ed would do her harm. Mr. Vick hunted up Ed, who was still in town, and advised him to stay away from the Wolff place, and threatened him with arrest should he repeat his visits there. Ed promised to do as advised, saying that he intended leaving town that day. He did leave, but it appears he went to Hector, where he remained during the afternoon, boarding the westbound evening passenger train. It is supposed he came as far as Bird Island, as he is reported as having been seen at both Hector and Bird Island that evening, and that he walked from Bird Ishind to Olivia during the night. Upon arriving at the Wolff home he took off his shoes, leaving them upon the porch, and by means of a key which he had secured in some way. he gained entrance to the house. Just what his intention was in going into the house cannot, of course, be known, but it is altogether likely that his mad love for the girl rendered him temporarily insane and that his only thought was to do away with her. . . .

"Both the Wolff and Corey families are old and respected residents of this community and are numbered among our best people. Both are sorely tried by the terrible affliction that has come upon them and are deserving of heartfelt sympathy."

Appeals From District Court for Renville County. - The first appeal taken from the District Court for Renville County was Jewell vs. Weed et al. and is of special interest, due to its illustration of early conditions. At that time (1871) Renville had no permanent county seat and Beaver

Falls had been designated as the temporary seat of government. Certain enterprising citizens of that community procured the enactment of a statute authorizing a bond issue of $2,000 to construct a county jail and designating Beaver Falls as the county seat. This same act provided that the bond issue should be voted upon at the next town meeting upon notice from the county auditor. There were at the time thirteen township organizations in the county. It appears that in order to procure the passage of the act and the subsequent bond issue the aforesaid enterprising citizens of Beaver Falls kept all knowledge of their activity from reaching the western and northern portions of the county. Only two of the thirteen townships were notified of the proposal to issue bonds at the next town election and as a consequence the issue was authorized and Beaver Falls became the permanent county seat. This action was brought by certain outlying taxpayers to declare the election null and void, claiming the enactment of the law and the bond election to have been fraudulently and secretively accomplished. The Supreme Court held that no matter how unfair the actions of the Beaver Falls citizens were they were not fraudulent because the election complied with the requirements of the statute and the court had no power to inquire into the motives of the legislature or the sponsors of the bill in obtaining its passage. This case is reported in 18 Minn. 247.

The next case appealed w-as Donahue vs. Ladd (31 Minn. 244) in 1883, relating to adverse claims in a lien on realty tried before Judge Webber. The Supreme Court sustained him in his findings. The attorneys were C. H. Benton for appellant and Peck & Little for the respondent. This was followed by Van Meeter vs. Knight, 32 Minn. 205, relating to a mortgage foreclosure tried before Judge Webber in 1884. The attorneys were Peck & Little and Crass, Hicks & Carlton. Judgment was affirmed. In 1885 appeal was taken from the judgment of M. O. Little, Esquire, acting as referee in the case of Kellogg vs. S. N. Olson, 34 Minn. 103. The judgment was affirmed. The attorneys were Arctander & Quale; Stringer & Seymour.

In the next case at the same term the Supreme Court failed for the first time in the history of the county to entirely agree with the trial judge. The verdict of the jury was modified to the extent of allow ing plaintiff items plainly due him and the court exercised its discretion and denied a new trial on condition that defendants' stipulate to allow the items referred to above. In this case, Ladd vs. Newell et al., 34 Minn. 107, the attorneys were C. H. Benton; Hart & Brewer.

(1888). The trial judge was Webber and the Supreme Court remanded the case for modification of judgment, striking out an allowance of $80 in damages claimed to be excessive. The attorneys were S. & O. Kipp; Stringer & Seymour.

No cases were appealed from this date to 1892, when Dean vs. County Commissioners, 50 Minn. 232, went up and was reversed and remanded. The attorneys were F. R. Allen, Thomas E. Boylan and R. T. Daly.

The following year a very interesting case went up, involving a contest of the vote taken at a county seat removal election. It was proposed at the election to remove the county seat to Olivia from Beaver Falls. Those voting for removal numbered 2,219, those voting against removal numbered 1,780, and there were 68 votes that could not be read. The trial court in the case of Smith vs. Board of County Commissioners, 64 Minn. 16, held that the vote of removal, being over 55 per cent of the sum total of 1.780 and 2,219, the county seat should be removed to Olivia. The statute covering the matter required that 55 per cent of all votes cast on the question must favor removal or the question is lost. As a consequence the Supreme Court reversed the lower court and held that the 68 unintelligible votes should have been added to the two sums above mentioned, thereby bringing the percentage of favorable votes below 55 and the county seat remained at Beaver Falls. Attorneys for contestants were Thomas E. Boylan. John Lind and G. T. Christianson; for the county S. R. Miller. County Attorney George W. Somerville, Lyndon O. Smith and A. J. Volstead.

From this point on the affairs of litigation in the county became much more frequent, several cases a year at times going to the Supreme Court. Following is given a brief outline of appealed cases up to the present time:

1896. Adamek vs. Piano Manufacturing Company. 64 Minn. 304. Judgment affirmed. Attorneys, M. A. Spooner and S. A. Flaherty: McClelland & Tifft. 1896. State vs. Iago, 66 Minn. 231. Reversed and new trial granted. Attornevs. McClelland & Tifft and R. T. Daly; H. W. Childs and George B. Edgerton. 1896. Ramsland vs. Roste. 66 Minn. 129. Judgment affirmed. Attorneys, R. T. Daly and C. A. Fosness; McClelland & Tifft. 1897. Holden vs. Great Western Elevator Company, 69 Minn. 527. Judgment affirmed. Attorneys, John A. Dalzell and Koon. Whelan & Ben- net; Baldwin & Patterson and E. E. Harriott. 1898. Altman & Lay ton Company vs. O'Dowd. 73 Minn. 58. Judgment affirmed in part. Attorneys, Charles G. Laybourn; R. T. Daly. This was the first appealed case tried before Judge Powers. 1900. Bloemendal vs. Albreeht. 79 .Minn. 304. Judgment affirmed. Attorneys. Ed. H. Huebner; J. M. Freeman. 1900. State ex rel. Brown vs. Butler et al., 81 Minn. 103. Judgment affirmed. Attorneys, Mc- Clelland & Tifft and Childs, Edgerton & Wickwire; A. V. Rieke. George W. Somerville and Lynson A. Smith. This was another election contest for removal of the county seat to Bird Island. Removal was lost, due to failure to give the required notice. 1901. Creamery Company vs. I. aiming, 83 Minn. 19. Judgment affirmed. Attorneys, Erick L. Winje; G. T. Christianson. 1901. State ex rel. Olson vs. County Commissioners, 8:: Minn. 65. Judgment affirmed. Attorneys, Frank Clague and A V. Rieke; Eric L. Winje. 1901. State vs. Larson. 83 Minn. 124. Judgment reversed. Attorneys, A. J. Volstead. E. L. Winje, Robert Jamison and Cobb & Wheelwright; A. V. Rieke, county attorney, and W. C. McDowell. 1901. Evenson vs. Keystone Company, S3 Minn. 184. Judgment affirmed. Attorneys, George S. Grimes: L. H. Schellbach and A. J. Volstead. 1901. Blume vs. Scheer. 83 Minn. 409. Judgment leversed. Attorneys. A. V. Rieke and Sommerville & Olson; Baldwin & Howard. John Dalzell and W. A. McDowell. The defendant had charged the plaintiff with having whipped her husband, resulting in his death. The plaintiff sued for defamation of her character and obtained a verdict tor $550, which was erroneously reduced to $100 by the trial court. 1901 United States Investment Corporation vs. ririckson, 84 Minn. 14. Judgment affirmed. Attorneys, George Cudhie and Olson & Johnson; James D. Shearer. 1901. M< Ginty vs. Kelly, s.". Minn. 117. Dismissed, afbrming action of District Court. Attorneys. S. It. Miller and F. C. Irwin: John .1 Shoregge. 1902. Fort Dearborn Bank of Chicago vs. Security Bank of Renville, 87 Minn. 81. Judgment affirmed. Attorneys. Daly & Barnard: A. J. Volstead and W. A. McDowell. 1903. Keystone Company \ s Howe. 89 Minn. 256. Judgment affirmed. Attorneys. Daly A: Barnard: George S. Grimes, ion:;, chairman Board of Health. Village of Buffalo Lake. vs. County Commissions, 89 Minn. 402. Judgment affirmed. Attorneys, Frank Murray, counts attorney; R. H. McClelland and C. M. Tint ion:!. Barkey vs. Johnson, 90 Minn. 33. Judgment affirmed. Attorneys, J. J. Shoregge and J. W. Willis. 1904. State ex rel. Olson vs. Leindecker. 91 Minn. 277. Judgment affirmed. Attorneys. B. H. Bowler: Daly & Barnard. 1904. Kubesh vs. Hanson, 93 Minn. 259. Judgment affirmed. Attorneys J. M. Freeman; J. J. Shoregge. 1904. Davis vs. Kuck, 93 Minn. 26. Judgment affirmed. Attorneys, Bowers & Howard; J. M. Freeman. 1904. Swenson vs. Village of Bird Island, 93 Minn. 336. Judgment reversed. Attorneys, W. M. Babcock; B. H. Bowler. 1905. State ex rel. Kellgen vs. McMahon, 94 Minn. 532. Judgment affirmed. Attorneys Parsons & Bowler; Frank Murray and Thomas H. Quinn. 1905. Welsh vs. Brainerd, 95 Minn. 234. Judgment affirmed. Attorneys, John Lind and

A. Ueland; John A. Dalzell and W. A. Mc- Dowell. 1905. Heins vs. County Commissioners, 96 Minn. 188. Judgment affirmed. Attorneys, Frank Murray, county attorney; Lyndon A. Smith and Lancaster & McGee. 1906. Loyd vs. Simons, 97 Minn. 315. Judgment affirmed. Attorneys, F. R. Allen, A.

B. Darelius and S. P. Child; John J. Mc- Hale and A. V. Rieke. 1906. Murphy vs. Renner. 99 Minn. 348. Judgment affirmed. Attorneys, John Lind, A. V. Rieke and W. A. McDowell: Daly & Barnard. 1907. Carlson vs. Headline, 100 Minn. 327. Judgment affirmed. Attorneys, J. M. Freeman and Daly & Barnard: Parsons & Bowler. 1907. State ex rel. Matson. vs. Powers, 102 Minn. -""9. Discharged in favor of Powers, Judge, writ of mandamus. Attorneys, J. J. Shoregge: Daly & Barnard. 1908. Baumgartner vs. Hodgdon. 105 Minn. 22. Judgment affirmed. Attorneys, Parsons & Bowler; Daly & Barnard and Frank .Murray. 1908. Bowler vs. Renville County, in.", Minn. 26, was tried in Hennepin county before Brooks, Judge. It was an action for an unpaid balance on a drainage contract with the county. The balance claimed was for extras put in at the direction of the county surveyor. The court held that the county surveyor had no authority to bind the county for extras and that his acceptance of the completed work did not make the county liable for the extras incorporated at his direction. The judgment was affirmed by. the Supreme Court. Attorneys, W. M. Jerome and Parsons & Bowler; Frank Murray, county attorney, and J. M. Freeman. 1908. State vs. Mattson, 105 Minn. 63. Judgment affirmed. Attorneys. Edward T. Young, attorney general, Frank Murray and Barnard & Daly: J. J. Shoregge. 1908. State vs. Mattson, 105 Minn. 164. Judgment affirmed. Attorneys, Edward T. Young, attorney general, Frank Murray and Barnard & Daly: J. J. Shoregge. 1908. Stevenson vs. Murphy. 106 Minn. 243. Judgment reversed. Attorneys, J. M. Freeman; Bert O. Lee. 1909. Peavey vs. Greer et al., 108 Minn. 212. Remanded and judgment reduced. Attorneys. A. V. Rieke and H. L. Hayden; C. T. Howard and Daly & Barnard. 1909. State vs. McGuire, 109 Minn. 88. Reversed, holding proceedings to widen county ditch void without notice to adjoining and interested owners. Attorneys, C. A. Fosness; Frank Murray, county attorney, and Daly & Barnard. 1910. Pott vs. Hanson, 109 Minn. 416. Judgment affirmed. Attorneys, W. E. Dampier; Daly

& Barnard and N. L. Erickson. 1910. Oppegard vs. County Commissioners, llo Minn. 300. Judgment reversed. Attorneys, Daly & Barnard; Robert K. Stuart and J. M. Freeman. 1910. Snyder vs. Crescent Milling Company. Ill Minn. 235. Judgment affirmed. Attorneys. A. V. Rieke, A. V. Hamrum and Daly & Barnard; George F. Gage. 1910. Town of Martinsburg vs. Butler, 112 Minn. 1. Judgment affirmed in part. Attorneys, A. L. Young; J. M. Free- I man. 1910. Renville County vs. City of Minneapolis, 112 Minn. 487. Tried before j Holt, Judge, in Hennepin county. Attori neys, Rieke & Hamrum and W. A. Mc- I Dowell; Frank Healy and Clyde U. White | for city of Minneapolis. 1911. State vs. McGuire, 113 Minn. 281, before Judge Quale. Judgment affirmed. Attorneys, L. D. Barnard; C. A. Fosness. 1911. Richardson vs. Richardson, 114 Minn. 12. Judgment affirmed. Attorneys, John A. Dalzell; Rieke & Hamrum and Daly & Barnard.

1912. Orth vs. Township of Norfolk, 120 Minn. 530. Judgment affirmed. Attorneys, J. M. Freeman; Mundy & Baker and John A. Dalzell. 1913. School District Hector vs. School District Renville. Judgment affirmed. Attornevs, Rieke & Hamrum; O. A. Allen and J. M. Freeman. 1914. Hoffman Motor Truck Company vs. John Erickson et 124 Minn. 279. Judgment affirmed. Attorneys, Daly & Barnard: F. W. Murphy and Thomas Kneeland. 1914. Penhall vs. Minnesota State Medical Association, 126 Minn. 323. Judgment reversed. Attorneys, John A. Dalzell and Daly & Barnard; Durment, Moore & Oppenheimer. In this case Dr. Penhall applied in the proper manner to the State Medical Society for the assistance of its attorneys in defending a malpractice suit brought against him. This assistance was refused on the ground that the claim against the doctor accrued before the enactment of the by-laws obligating the association to furnish such defenses. Penhall, on his own defense, lost to the claimant, and brought this action to recover expenses incurred. The trial court sustained the contentions of the association, but was reversed on appeal, the Supreme Court holding in effect that time was not made an element in its offer of defense, hence the doctor should recover inasmuch as he had complied with the other requirements.

It appears from the record of cases appealed from Renville county courts to the State Supreme Court that there have been 11 reversals and 49 affirmances. This indicates that the county in the past has been very fortunate in securing men possessing a high order of judicial mind to fill the important office of district judge.

The late Gorham Powers, judge, had only seven cases reversed out of a total of forty-three appealed, which is a remarkable record, hardly equaled by any district judge sitting in the entire state, past or present.

Municipal Court. - The only municipal court in Renville county was established at Renville, when that village filed its charter for a city government with the register of deeds, Jan. 17, 1906. C. N. Matson was the tirst municipal judge, holding office from 1906 to 1910. Then there was a vacancy until 1913, when the present judge, K K. Stuart, assumed office.

The Bar

In the early history of the county there were few practicing attorneys, consequently the greater part of the law business went to attorneys located in earlier settled districts.

The county, however, has been well supplied with quality if not quantity of legal men of brains. Indeed, it has been just that superior quality of the few men that has kept the county somewhat short in the number of resident attorneys.

Buffalo Lake, a village of some 800 persons, has had but one attorney and he lived there only three months. This indicates either that the people of that place go to other towns in the county for legal advice or that they are of such congenial and law abiding dispositions as never to feel the need of such services.

The names of the following attorneys and law firms have appeared in briefs of cases appealed from Renville county. A majority of these attorneys never lived within the county:

Among the attorneys who have had practice within the county, two have been attorney generals, one has been governor and others have been members of Congress.

Admissions to Practice. - The first lawyer admitted to practice within the county was P. H. Swift, on motion of Samuel Mc- Phail, Sept. 1, 1868. He had previouslybeen admitted to practice in the Wisconsin courts. Subsequent admissions were: George li. Megguier, Sept. 6. 1870; William M. Cook. Sept. 8. 187"; M. E. Powell, Sept. 5. 1871; Moses Little. Sept. 6, 1871: David W. Thorp, Sept. 2, 1877: H. A. Libby, Mav 24, 1882: G. T. Christianson, May 24. 1882. In 1891 the law was chp.nged and since that date no lawyers have been admitted by district courts. All admissions are now made on motion before the Superior court. Among attorneys formerly residing and practicing in Renville county may be mentioned: P. H. Swift. G. T. Christianson, George H. Megquier, William F. Schoregge, J. II. Bowers, A. V. Rieke, A. U. llamrum. William ('. White. John J. Shoregge. J. M. Dorman. E. L. Yinge, Bruce Brown, B. H. Bowler, E. E. Harriott, H. C. Giltner. D. D. Williams, Charles S. Kane. William C. White and Col. Samuel McPhail.

Among the Renville county boys who have graduated from the St. Paul College of Law and the University of Minnesota, now engaged in practice outside of the county, may be mentioned: Rodney Hanson. 1914, Underwood, N. D.; Leslie H. Blacklock, 1914, St. Paul: Eugene S. George. 1915, Glenwood. Minn.: Frank Zima, 1916, Glenwood, Minn.: James Mc- Bride George, 1910, Winona, Minn.

Judicial Officers. - Lists of Renville county county attorneys, sheriffs, clerks of court and the like are found elsewhere in this work. The story of the important probate cases and justice cases are beyond the scope of this work. Those which were of greatest importance reached the Supreme court, and under that head are duly noted earlier in this chapter.