The Bismarck Tribune Newspaper, December 20, 1916, Page 8

BISMARCK DAILY TRIBUNE WIDOW OF MURDER VICTIM FAILS 10 PROGURE DAMAGES Supreme Court Holds Murderer Was Not Acting as Agent for His Father . Mary ‘Ross, widow of J. F. Ross, who was murdered by McLain Cooper on the Cooper farm in Traill county, in a tragedy which attracted state- wide attention at the time, cannot re- cover damages for the death of her husband from Harry J. Cooper, father of the murderer and joint employer of the slayer and his victim, the supreme court holds in a decision handed down yesterday. Story of Case. The action was an appeal taken by Harry J. Cooper from a judgment of the district court of Traill county, awarding damages to Mrs. Ross. Mrs. Ross brought ‘suit to-recover dam- ages from the defendant, gy whom the plaintiff's husband .was employed as foreman at the time of the murder. There was a quarrel between McLain Cooper and Ross, which resulted in the former firing several shots at the latter, finally mortally wounding him. Just prior to the shooting, young Coop- er, acting in the absence of his father, had discharged Ross. The allegation of the widow was that the killing took place in connection with the discharge and ejectment of her husband, and that McLain Cooper in so doing was acting as an agent for his father, and that the latter was responsible for any injury sustained by her husband, Nica ee | “arising out of and in the course of ‘\his occupation.” Court's Findings. , The supreme court, in an opinion written by Judge Goss, rules that there is no proof to sustain the find- ing of the jury in the lower court that in shooting Ross, McLain Cooper was acting in furtherance of or to facili- tate the discharge or ejectment of Ross from the defendant’s farm fol- lowing his discharge, or in any way acting for the plaintiff; and hence there is no liability of defendant to plaintiff for the malicious killing of Ross by the son. “The evidence, without substantial conflict, under every reasonabl pre- sumption, inference from or construc- tion of it, establishes that in killing Ross under circumstances amounting to murder, McLain Cooper was acting independently and for himeelf in the execution of his premeditated design to kill Ross, and that he was not in any degree or particular acting for his father, the defendant. In the mak- ing of this murderous assault on Ross, no relation of master and servant as to it existed between father and son. Charles A. Pollock was the special trial judge in Traill county. The at- torneys were: Charles A. Lyche of Hatton, for the plaintiff and respond- ent, and iP. G, Swenson of Hillsboro and Fangs, Hamilton & Bangs of Grand Forks, for the defendant and appellant, Harry J. ry J. Cooper. COURT TERM CONTINUED Judge Nuessle Excused Jurors This Morning, Continuing Dec, Term Until Jan. 16, 1917, Asserting that it was improbable that the calendar could be completed, pefore Christmas and in order to per- TONIGI “The TONIGHT 7:15 and 9 ‘district court this morning excused the jurors and continued the Decem- Ee it eS ELEVENTH PERSON ber term until 10 o’clock, January 16 'T ONLY-Don’'t Miss For a Gripping and Thrilling Railroad Photoplay Document HOUSE PETER —IN— ail Rider’ ‘ A Railroad Story That Will Make Your Nerves Quiver and Make You Gasp and Sigh. In 5 Wonderful Reels with That Famous 4 Star You All Know. THE BEST OFFERING IN BISMARCK TONIGHT ratio is one machine for every 18th! the Brooks Hoskins house in upper mit the jurors to reach their homes ;and be with their families on Christ- peraon. |mas day, Judge W. L. Nuessle of thé is West Best Buyer. interesting to note:that with the exception of a few counties in which the saddle horse is still a pop- WIFE DESERTION. CHARGED hen means of locomotion, such as Bit Fourth street. Mr. McCoy and fam- fly will take immediate ike immediate possession. port. Tomorrow: Romeo & Juliet leges in her complaint that he aban- doned both her and the little child, leaving them without means of sup- Johnson’s for corse. Price, WAISTS! WAISTS! Values up to $6.75, price up to $4.50, price $2.98 Values up to $1.50, price COATS! $25 Values, $19.50 Values, $10.00 BIG BUNGALOW APRONS, dark and light colors, revue 98c values Values up to $7.50, price ___Headquarters for Chr for “‘D™ feet each day keep the Doctor away.” Coughs and colds are caused by wet feet, and often de- velop into serious illnesses. These well-fitting, light-weight, long-wearing Hub- Mark Rubbers cost very little. Hub-Mark Rubber Footwear is made in a wide variety of kinds and styles to cover the stormy weather needs of men, women, boys and girls in town or country. The Hub-Mark is your value mark, HUB-MANP RUBBERS ., The World's Standard Rubber Footwear For sale by all good dealers, $4.98 COATS! $14.98 69c SKIRTS $3.98 Many other coe not advertised - hristmas goods of all kinds JOHNSONS Popular Priced Store Buy a pair today. nounced by the court. E. W. GROVE. 25c. All jury cases on the present cal- endar will be taken up then in the order as they now stand, it was an- Colds Cause Headache. and Grip. LAXATIVE BROMO QUININE re- moves the cause. Remember to call for full name. ‘ Look for signature of 3, Slope and Williams, the per eee of cars is greatest west of the river. The increase in number of cars during the last three years has also been greater in this region, keeping Dace. swith th Jacob Beaver, 55 yea 55 years, arrested by FOR THROAT AND LUNGS: Deputy Sheriff Welch south of Flash- STUBBORN COUGHS AND a. i} er, N. D., last Saturday on a charge of wife desertion, was arraigned be- Eckm bs | Alterative' cpAinsion in population. | ore Judge Dolan of the policé eburt @0LD BY ALL LEADING DRUGGISTS Ratio of Machings ¢ to Population| |: aE this. morning at_10 o'clock and a con- : BUYS RESIDENCE PROPERTY.’ | tinuance granted until 10 o'clock Fri- Is Greatest in North ‘Attorney C. L. McCoy has purchas: | day morning. ‘ ed through the J. H. Holihan agency | Mrs. Beaver, who lives at Tree, miss ii eet WOOL DRESSES Values upto $22.50, price $14.98 Values up to $15, price $9.90 HATS Values up to $7.50, prices $2.98 and $1.98 MUSLIN UNDERWEAR of all kinds at big reductions OUTING FLANNEL GOWNS Values up to $1.50, price Dakota At the Orpheum theater tonight only. Aue a vad feature—don't | DeoPle. CASS LARGEST NUMBER; SIOUX. REPORTS LEAST Cass county, with 2,520 automobiles, a greater number of gas gigs than any other county in the state. In den- sity of machines, however, Burke stands first, with one car for each ten people, the two Scotch shires, Mc- Henry ‘and: MeLgan, follow, ee one, ‘|car for every.13; people. The, Ray 31 tion ‘of ‘machines: for. Casg ,count one to:16; in.Grand Forks counties onaitp 15, and in Burleigh, |i Bottineau and ‘Ward, One machine to} every 14 people. ‘The, fewest cars are reported by Sioux county, with a to- tal of 37 machines, or,one to every 57 It must; be remembered in this connection that a majority of Sioux county's 2,135 people are In- dians less than one generation remo ed from the calico pony. i Walla Prepares Report. These and: many other interesting | facts are disclosed by.a detailed re- | port pared: by K. M, Walla, in charge of the automobile registration department: ofthe secretary, of atate’s office. His.report shows, that, gots machines have, been registered during 1916, as against 24,908 in 1915; 17,349 in 1914; 13,075. in 1913; 8,996 in 1912, and 7,201 in 1911. The trend of the state's prosperity and development, ever upward, but progressing with re- markable strides during ‘the last three years, may be traced in these statis- tics. It may be remarked that more than 60 percent of the cars registered during the last two years are of a sub- stantially better type than those pro- duced by previous years. Record by Counties. A record of the cars registered by countiés, in 1915 and 1916, with the es- timated population of these counties Golden Valley. . [329 429 6,038 ‘Grand Forks. +» 1,267 ~ -1,889 28,658 NOTICE EXCURSION TO TEXAS Join our party January first for Texas at rates so low you can not afford to Stay at home. Round trip of 5000 miles with hotel, meals, and berth, with 200 miles. auto rides. 15 days limit. Fare $57.50 round trip from Bismarck, and » . Wife at one half rates. aa. Gall for maps and full information ‘at once. D. T. OWENS & CO. BISMARCK NORTH DAKOTA EXCLUSIVE MEN’S ESTABLISHMENT What You Will Find AT THIS STORE FOR’ The Man That Cares Based upon the census estimate of Secretary of State Thomas Hall in the year 1915, the ratio of auto- to each 16 people, Using the latent to ea federal estimate of approximately 750,000 people for North Dakota, the Linen Handkerchiefs, Heres, useful gifts suitable { for a gentleman ROSENS CLOTHING SHOP .. 50c to $7.50 Collar "Bags, Potitolios, Caps . Hats and many other