Page:North Dakota Reports (vol. 48).pdf/36

 the progress of said action, to be used as a means to pay counsel fees and procure the evidence necessary to properly defend the action brought by defendant, and to prosecute the counterclaim and cross complaint interposed by plaintiff herself; that she be granted an absolute divorce, and that she be awarded her just and equitable part of the property accumulated by the plaintiff and the defendant, and for such other and further relief as to the court seems just and equitable.” That at the time of the service of said answer, and at the time said divorce action was at issue, plaintiff was prepared with strong, competent, and credible evidence to substantiate all—the allegations of said answer, counterclaim, and cross complaint; that all of said allegations were true; "that said action in divorce was fully at issue and came regularly on for trial at Bismarck, North Dakota, on the 8th day of December, 1908, before" the “then presiding judge of said district court; and that plaintiff was ready for trial and present at said date with her attorneys as aforesaid. Depositions of a number of witnesses in support of the allegations of plaintiff’s counterclaim and cross complaint in said action had been taken and filed, and there were present at said trial a number of other witnesses on plaintiff’s behalf. Commencing on said 8th day of December 1908, for a period of four days, said trial proceeded, and plaintiff’s witnesses were carefully examined and all material information known to them presented to the court. A number of witnesses were called and examined in defendant's behalf, and on or about the 11th day of December, 1908, the entire case was submitted to said Judge Winchester for determination."

That prior to said trial the defendant had wilfully, fraudulently, and unlawfully colluded with, and corrupted and bribed, the presiding judge to decide and determine the material issues in the action, in defendant's favor; that prior to such trial the defendant had paid to said judge the sum of $1,500, and that it had been arranged and agreed between said defendant and said judge that, upon the conclusion of the trial, a decree should be entered in favor of the defendant. That the said defendant had also approached, tampered with, and influenced W. F. Cochrane, one of plaintiff’s attorneys, to disparage plaintiff’s cause after the decision of the trial court, and to advise the plaintiff not to appeal from said decree. That at the conclusion of the trial the judge, acting in accordance with the understanding between him and the defendant, made findings of and conclusions of law, and ordered the entry of decree in said action, in which it was found that all the allegations of defendant’s complaint were abundantly supported by the evidence; that his application for a divorce