Justice prevails - finally

By Fannie Smith
Posted 6/26/03

I remember a serious squabble that turned out bad. I was substituting in the Hennepin County court. One of my court reporting colleagues dropped by to tell me that I'd be serving in what appeared to be a serious matter. He said, "A man was brought in on a stretcher." I decided I should investigate and set up for the morning's "take." The man was resting on a chaise lawn chair where he stayed during the trial.

I immediately recognized him as Selus Martin, an immigrant. I recognized him, having met this man at a friend's house. So, I went to the judge's chamber and explained. The retired judge thought it was all right for me to take notes. Then I visited with both attorneys and they agreed I should report the case since I happened to be so assigned. The jury was selected.

The plaintiff was the first witness. The lawyer asked, "What's your name?" Using his correct name, Selus said, "I'm Sebillous Martinius Flomp," (sp) spoken with a thick brogue. The lawyer waited for me to ask for the spelling. Since I knew something about this man and had found the name in the file while waiting for court to begin, I didn't need to.

Two neighbors, Selus, the plaintiff and Henry, the defendant, disliked each other for several years. In their cul-de-sac, they again argued. The plaintiff, Selus, was carrying a tree-cutting saw. Both hands were used to carry the heavy load. The defendant, Henry, pushed Selus on the right front shoulder with his hand - not very hard, he testified - to impress the plaintff with his statement.

Selus fell backwards and struck his head on the blacktopped street and received a skull fracture. After he came home from the hospital, Selus was often dizzy, and fell against the bed frame breaking some ribs. Then Selus developed a terminal illness and was anxious to have his case tried early - before he died. That's why I was filling in for this substitute judge. Selus wanted to have the award for his two children. The assumption became evident that he wanted to be sure his wife wouldn't get any of the money. His wife was a witness to the disagreement but was not called to testify. She arranged to get Selus to court every day, sat in the back of the courtroom, and cried most of the time. A judgment was issued for $8,000 for thc plaintiff.

Selus appeared confused, but maintained his stance. That wasn't the end. Selus couldn't collect because Henry owned nothing in his name. Selus died, but his wife continued pursuing the matter. It wasn't until several years later, when the remaining family employed a lawyer who spent more than a few years watching for Henry's estate to be processed. It finally happened and the two children each received from the defendant less than $100 after the bills were paid.