WAUPACA POST

June 28, 1894

 

THAT OBORN TRIAL

 

            Last Saturday in Justice Chesley’s court a very important trial was had, which took the entire day, it being the case brought against Ed Oborn, superintendent of the Starch company, by Deputy Fish and Game Warden Brainard for putting deleterious matter in the river.  Hutchinson and Taggert of Weyauwega, were here as witnesses during the morning session, and returned on the noon train.  Your honor called time in the afternoon at the usual hour. Alf Poll was asked to take the stand by E.E. Browne, attorney for the defense.  Poll knows every turn in the river between Waupaca and Weyauwega, and says the pond at Weyauwega always smelled bad, and there were a great many red horse and bass, in the river below the starch factory.

            Dr. Claussen was next called, who testified that he was one of the board of health who helped investigate the formula of the water there; couldn’t see that the starch factory was to blame for the scent of the Weyauwega mill pond.

            After the defense got through, Charles Rollin Brainard, attorney for the state, deputy fish and game warden, always in full dress with spurs, grip-sack, etc., with his foghorn voice only asked the witness one question:  “Did you take a dose of smelling salts when you investigated that pond?”

            Elmer Chamberlain told of finding at their dam, shavings and potato peelings.  This encouraged Charles so much that he wished for a recess as his throat was getting so dry that he was unable to speak aloud.  The court granted the request for ten minutes.  On Charles’ return with a box of troches, time was called.  The two Johnson boys who worked on the Bruley farm, testified to catching from twenty-five to seventy-five fish in the river at different times, and having seen no potatoes along the stream.  Brainard on cross examination asked the witnesses if they were looking for potatoes in the river on their fishing trips?  Ans. “No.”

            Mr. Browne gave a twenty minute talk, then Charles Rollin closed for the state, not confining himself in his argument to the state laws not allowing poisonous refuse emptied into the streams, but started out complimenting Mr. Browne upon his eloquence of speech and his keen way of handling the case for the defense.  Leaving out a few little incidents of his riding rafts when a boy, Charles made a good talk, and those in attendance went away satisfied that he knew more about alcohol and its effects than they, as he gave a very good formula of it from the potato standpoint, and how poisonous the oil from the peelings were.  No doubt but Charles will hereafter carry with him to use whenever occasion requires.

            “No cause of action” was the result of the case, and Rollin shouldered his bag, which was loaded with fish laws and warrants for the arrest of sawmill owners, bade Your Honor good day, then straddled old “Mountain Peak,” who was in waiting at the foot of the stairs, and rode home as happy as a lark.