THE REDWOOD SOCIETY

VOLUME XL. REDWOOD FALLS, MINNESOTA, WEDNESDAY, MAY 19, 1909. Historical

NO. 42.

Spread the News for Minnesota Valley Pioneer's Day, Friday, July 2 INDIAN'S WILL

NOT LEGALIZED Probate Judge Evans Files a

Decision Against Sam'l Smith's Will.

Testator Not Competent and Signature to Will Not

Legally Valid.

Last Thursday Judge Evans ren­dered his final decision in the matter of the validity of the alleged will of Samuel Smith, the aged Indian who was given an opportunity to dictate his last will and testament during the closing hours of his pilgrimage and was too weak to talk or write. As previously reported, this case was started at the time of the hear­ing ordered on the will was set, last March. Testimony was taken at that time showing that Smith was in a very weak and more or less dazed condition when, on behalf of the widow, an effort was made by Messrs Hinman, McGowan and others to have the dying Indian make a will. The will was drawn up by Attorney McGowan and an effort made to get the dying man to indicate by replies to questions whether or not he wished to bequeath his estate, con­sisting of a small tract of land and about $1500 cash, to his wife. It is fair to concede, we think, that these men had no further interest in the flatter than to help the widow, and nothing in the decision reflects on their motives' The language of the decision is, as to the gist of the mat­ter, "That said instrument was not executed and attested as required by law, and the evidence presented does not satisfy the court that the instrument is the last testament of said decedent, or at the time of its execution said decedent was of suf­ficient mental capacity to make a valid will, or that said instrument was signed by the express direction of decedent, and made, executed and witnessed in the manner and with the formalities required to make the same entitled to allowance and probate."

The effect of the decision, if final­ly sustained, would be to throw the estate into the hands of the legal heirs as decreed by the court, the same as if no will had been made.

Monday following this decision Attorney Dalzell of Morton filed notice of appeal from the decision of the court, with the usual bond and a request that the widow'be al­lowed thirty dollars per month for maintenance pending a final settle­ment of the matter.

Here the matter rests for the present, and we would only add that the plain moral of the incident is that people who have property which they wish to leave to their families, should act while in good health or at least not put off action until near death. The testimony at the hearing leaves no doubt as to the extrems weakness of the old man at the time the will was drawn, and it is this fact that evidently directed Judge Evans in his decision.

The heirs of the decedent, Smith, by his first wife will be the ones to profit by the decision of the judge in case it is finally sustained, and they are sufficiently interested to have employed Judge Laudon and a Nebraska attorney to protect their rights in the estate.

DEATH CALLS THREE.

Mrs. D. R. McCorquodale, Mrs. Mary Winniatt and James Hemphill.

SARAH J. MCCORQUODALE. The report that Mrs. D. R. Mc­

Corquodale of Delhi was no more came as a surprise here last Satur­day, her death having occurred at a late hour the night previous, after a short illness that was at first sup­posed to be of a very simple nature, the change for the worse develop­

ing only a few days before the end. The funeral was held from the church the following Monday, the sermon being by Rev. Herbert Mc-Henry, the former pastor of the church, now of Kirkhoven, assisted by Pastor Meyer. A long train of carriages followed the remains to their final resting place in the Red­wood cemetery, where a consider­able number from this city joined in paying their last tribute of respect to the deceased,

Sarah J. Tibbets was born at South Troy, Wabasha county, August 27, 1866, and came with her parents to Redwood county while a child, her father locating on the farm in Swedes Forest township which was the family homestead for many years. There she was wedded to D. R. McCorquodale in 1890, and soon after took up her duties as home-maker on Mr. McCorquodale's farm near Delhi, from which the family moved some years later into their commodious home in Delhi village. Of a family of six children, four re­main to mourn the loss of a faithful mother, two having passed over be­fore her. The surviving family is the husband, three sons and a daugh­ter. Three brothers, W. D., Fred and Till Tibbets, and a sister, Mrs. Schafer, are also among the sincere mourners of this worthy lady, who was respected by all and tenderly loved by those near to her in ties of kinship.

MARY WINNIATT. By the death of j Mrs. Mary Win­

niatt last Friday, Redwood Falls lost one of her oldest if not quite the oldest citizen, the lady having been born in Herefordshire, England, in June of 1821. She remained a resi­dent of that country until she came with her husband, to whom she was wedded in 1842, to join her daugh­ter, Mrs. Lusk, in this city, in 1883. Her husband died two years later and in 1901 her youngest daughter followed him. Only one son, living at Los Angeles, survives her, and her daughter, Mrs. Lusk ofathis city.

Mrs. Winniatt early became a member of the Primitive Methodist J church of England and to the time j of her last sickness was active in church and missionary effort, be­ing a life member of the W. F. M. society, and testifying her interest to the last by willing a share of her estate to missions, subject to a life interest. The funeral was held last Sunday, from her late home in this city, and the casket was laid beside that of her husband, in the Agency church yard.

JAMES HEMPHILL. ED. GAZETTE: James Hemphill,

formerly a resident of Redwood Falls, died on his homestead near Sundial, Alberta, May 7, of pneu­monia and pleurisy, at^the age of nearly 53 years.

Deceased was born in the province of Ontario," Canada, July 2, 1856, and lived near Donegal until 1890, when he came to Minnesota. He lived in Redwood Falls from 1891 until 1902, when he moved to Cali­fornia. He spent some time there and also in Silverton, Ore., and Centralia, Wash. In October, 1907, he took up his residence'on a Jiome-stead near Sundial, Alberta, where he has lived ever since.

He was married May 5, 1880, to Isabella Terry. Six children were born to them, three of whom died in childhood. His widow, two daughters, Isabelle and Mrs. Henry Charter, and son Richard are left to mourn his loss.

The funeral was held at the home. May 8, at 3 p.Jm., Rev. McComb of­ficiating.

MRS. HENRY D. CHARTER. Sundial, Alta., Can., May 7, 1909.

W. C T. U. Mothers' Day.

"Training Children in Habits of Orderliness" is the subject for pa­pers and discussion at the mothers' meeting tomorrow afternoon. Mrs. Maud Weldon is in charge and prom­ises an interesting program. The meeting will be held at the M. E. church parlors. All mothers are in­vited to participate. ^

YOUNG MAN IS FORGER.

Paul Kann, Traveling Representative of I. C. S., Is Nabbed.

Brawn Co. Journal: From a traveling representative of

the International Correspondence Schools, of Scran ton, Pa., thence to an ardent lover and finally making a confession of being a forger seems to be the checkered career of Paul Kann, who has been soliciting busi­ness for the above school in this neighborhood for several months. Kann is a dapper young chap, about 24 years old. He always displayed a rather nervous temperament, which subsequent events seem to justify.

Chief of Police Ad. Klause was called up phone by County Attorney O. J. Finstad of Windom la&t Wednesday afternoon, inquiring as to the whereabouts of one Paul Kann. His solicitude as to the whereabouts of the young^man was caused by a complaint filed by the First National bank of Windom, where Kann had a check cashed in the sum of $83.20. The check had been made out in Kann's favor by a man named Geo. Slay of Adrian, Minn. Inquiry by the bank elicited the information that no such person was known in Adrian, at least he had no bank account at that place and his check proved worthless.

Mr. Kann was arrested by Chief Klause and through the intercession of Alf. W. Mueller, was allowed to put up $95 in cash, which paid for the forged check and the attendant costs. The bank was not desirous of having the young man put in jail and he was released on parole and re­mained under the surveillance of the police.

It so happened that W. J. Tellot-son of Mankato, who is the district representative of the International Correspondence schools, had arrived in the city Tuesday and he interest­ed himself in the case, in an attempt to determine whether the forged check had really been given by a pu­pil of the schools and sent to Scran-ton, according to the story related by Kann. He at first stuck to his story, that after cashing his check the money was forwarded to Scran-ton and he was given the benefit of the doubt. Other matters were looked into and Kann was put into the sweat-box Thursday afternoon by Chief Klause. After a searching investigation he made a confession that he had committed forgery. This fact was communicated to the bank but as they had their claim paid, the county attorney, on ac­count of the attendant expenses, prevailed on the bank not to prose­cute.

The investigations conducted by the police also brought out the fact that Kann recently forged the name of C. A. Carlson to a check on a Sleepy Eve bank in the sum of $62.42. This check was also made out payable to Kann, who forged Carlson's signature. He took the check to Luverne, Minn,, and had it cashed at a bank at that place. The bank also fell back on Kann to make good, and not having the money, he resorted to the same method by presenting the forged check of $83.20 at the bank in Windom.

Still another peculiar habit which the young man seems to possess is, that when mailing letters he deposits them at the railway mail cars pass­ing through a station, thereby being able to keep his whereabouts un­known and thereby cover up his tracks.

Kann claims to have a brother, Alfred Kann of New York, who is possessed of considerable wealth and is in the fur business, A fat remit­tance is awaited hourly, in "order to make good the money he has bor­rowed temporarily. The $95 in cash was loaned to Kann by Carl Engel, Sr., whose acquaintance he made recently.

One of the distressing events of this affair is that Kann is about to be married shortly to a young lady residing in this city. Further de­velopments are eagerly awaited.

THREE GOOD BALL GAMES

Mankato Maroons Win Two Out of Series of Three

with Pv Lands.

Game Here With Springfield Next Thursday, Sleepy

Eye Here Sunday.

Mankato's bunch of thirteen sal­aried players collected from thirteen different states and commanding a salary list of $1200 per month met the Py Lands at Lakeview park Sat­urday in the first of a series of three games, winning by a score of 6 to 1. Kromer was on the mound for the locals. It was his first game this season and he lacked control, issuing eight free tickets to first, five of which resulted in runs.

The Sunday game was played at the new Lakeside park and marked j the opening of what promises to be j one of the finest ball parks in Min-1 nesota. A large and enthusiastic j crowd witnessed the game, which j resulted in a victory for the Pv I Lands by a score of 2 to 1. But for j an error of omission in center field, the locals would have had a well earned shut out, for at no time were the Mankatoites entitled to a score. "Dutch" Francois pitched for the Pv Lands, and got through the nine innings with four well scattered hits. At all times he had the opposing bat­ters at his mercy and none could connect with any regularity. He out-guessed them at every turn, causing ten to go down by the strike out route. Mike Kramer, Mankato's $10,000 beauty, worked for them and pitched a fine game, but the locals bunched hits. By agreement of the managers, the visitors were given their outs. Kromer led off for the locals. The first ball offered by Mr. Kramer for Mr. Kromer's inspection looked good to the latter and hel politely spanked it for a beautiful j

three-base drive into deep center.! Thompson, our fast and clever third- j sacker, was next up. He was there j with the goods and poled one to i short center, scoring Kromer, with a clean single. The next three men went out in order. Score 1 to 0. Mankato failed to get a man to first in their turn at bat. From then on j until the last of the 6th no more i scores were added by either team, j But in the last lap of the 6th, Man- j kato scored one. Dexter, the first!

9 j

man up, got a scratch hit, and sec­ond on George's hit to center, which was an easy one but misjudged by Boyer. This ended the score getting j for them. With the game a tie— 1 to 1—in the 8th, the locals started to win. Kromer, with one down, hit to center, stole 2d, and scored the winning run when Deitz hit a beauty over second. From then on both sides went out in 1, 2, 3 order.

The game was well ^played, no 'raS chewing between players, no kick­ing on the umpire and marked by few fielding errors.

Monday the same teams met in the last of the series. Mankato won by a score of 6 to 2. By agreement the game was called at the end of the 7th inning, to allow Mankato to | catch a train. Clinton Baldwin, our j very promising highfschool pitcher, j was in the box for Pv Lands, and j pitched good ball, allowing only six hits. But for errors of the locals the score might have been different. The Mankato bunch is a very fast and clever team, composed of sever­al old league players and great cred-is due "Tink" for holding them as he did. _

Upholds Policeman Lauterbach.

Judge Laudon rendered an elab­orate decision in the case of Owens vs. Lauterbach, upholding the valid­ity of the ordinance under which Policeman Lauterbach was acting, but sustained the contention of the plaintiff that the defendant was not legally city marshal at the time of the killing of Buster, owing to tech­nical defects in the oath of office and bond at the time, which defects have since been corrected. The act of Policeman Lauterbach was upheld, however, for the reason that the statute relied upon by Attorney Howard, for the city, provided that any citizen might kill unmuzzled dogs running at large under condi­tions then prevailing, hence that the plaintiff had no cause of action. Up to date there has been no step taken looking to an appeal from the deci­sion, and Mr. Owens and his attor­ney, Mr. Doiliff, being out of the city, The Gazette is not able to state whether the case will go any farther.

Aid to Civic Development

Lyon Co. Messenger:

Lyman D. Baird of Austin is one of the best known men in the recent public life of Minnesota. He was a former national bank examiner, was receiver for the defunct Faribault bank, for several years had charge j of concessions of the state agricul- j tural society, and he is an enthusias- j tic man for state and municipal de-1 velopment. He has been very much j interested in creating a park system j

for his own city of Austin, and in a j letter to one of the local papers, j written while absent, he stated how | easily the park interests of Austin i might be improved, and closed with J the following incident of his person-, al observation, which is beautifully j suggestive as a first aid to develop­ment in many a town:

"I lately visited Dixon, 111., as I have done for thirty years, going there about every three years. My wife's uncle generally drives me about town. On my last trip I said to him, 'Uncle Charles, what a change has come over your city in the past three years. Why, you have improved more than for a doz-years put together. Why is it?' His only answer was that the city had about six first-class funerals about three vears before."

REAL ESTATE TRANSFERS.

Anna P, Apitz to Albert G. Brown tr in lot 8, blk 9, Redwood Falls. $3500.

Thomas E. Sime to Richard C. P. Berger, n£ nei,' se£ nei, sec 20, Gales, $4440.

Ross A. Wiley et al to A. M. Nash, nei sec 5, Springdale, $4500.

Anton Weidemann to Adolph Weidemann, swi sec 16, Kintire, $6400.

E. W. Linnemann to Henry C. Dittbenner, nei sec 26, "Granite Rock, $5600.

Herman W. Schmidt to Richard Bast, nwj sec 20, Brookville, $6200.

Emil Kuenzli to R. G. Coppock, lots 1, 2, 11 and 12, blk 1, Western add, Redwood Falls, $100.

C. D. Carpenter to R, A. Leistf-kow, lot 7, blk 6, Wabasso.

Knute Peterson to J. C. Jackson, nei sec 3, Three Lakes, $5000.

J. A. Nelson to Morton Brick & Tile Co., lot 3, aud sub sec. 36, Honner, lots 9 and 10, aud sub sec 31, Sherman, $20,000.

Matt Rasmussen to Christ John­son, swi sec 20, Morgan, $375.

G. E. Bartholomew to Meady Duley et al, w£ swi sec 36, Charles-town, $3040.

Fred W. Orth to Leo G.Campbell, tr in lot 14, aud sub sec 1, Paxton, $1200.

Henry C. Dittbenner to J. Julius Jeppesen, nei sec 26, Granite Rock, $6240

E. M. Sedgwick to Geo. J. Grimm. lots 5, 6, Lamberton & Sykes 2d add, Lamberton, $1500.

Ola Skoden to Knute Anderson, nei nwi sec 26, Lamberton, $2100.

Senator Miller Dead.

The death of Herbert J. Miller of the Rock County Herald removes from the newspaper field of this state its most able editor, outside the large cities, and by a rare com­bination, the most successful one fi­nancially. Mr. Miller was senator from his district for two terms and was an unsuccessful candidate for the Congressional nomination three years ago. About two years ago Mr. Miller was obliged to withdraw from the responsible duties as manager of the Herald but continued to con­tribute to its editorial columns, his writings being always marked by a severely simple and logical direct­ness and power. Aside from this absence from his post, Mr. Miller has been with the Herald for thirty years continuously.

Rural Telephone Meeting.

A special stockholders meeting of the Redwood County Rural Tele­phone Co. will be held at the court house in Redwood Falls on Tuesday, June 1st, 1909, at 1 o'clock p. m., to hear the report of the committee appointed at the last annual meeting regarding resale of bonds, also to consider the advisability of raising phone rentals and any other business that may properly come before the meeting.

A. O. GIMMESTAD, Pres. 42-2t. GEO. L. EVANS, Secy.

BUICK MODEL 17,40 horse power 4 cylinder Family TouringCar for all kinds of roads in all kinds of weather. We also have

Model No. 10 Runabout, 22 1-2 h. p. $1000 Model F Touring Car, 25 h. p. • $1250 Model No. 10 Baby Tonneau, carry 3 Model No. 16 Roadster, 40 h. p. - 1750

or 4 persons, 22 1-2 h. p. - 1050 Model No. 17 Family Touring Olr 1750 Allcars are equipped with magneto and gas lamps. Be sure and investigate Buick before

buying. For further information call on ; C. K. ODEKIRK, Agent.