, 1865-11-24

CIRCUIT couRr o. THE United S74TEs-Hou,
1kozsds O5tozn1o'd JiAge.-The tury was dis
charged, The ea OF the trial calendar being COZ
| cluded.
George $. n. Davis, trustee, ". the Peo.is
/ and Hannibal Railroad Company. This ts pro-
ceeding'o ioseeloso mortgage upon that part Of
the road between Peoria and PekIn. A decree vas
heretofore rendered for 3110, X. g. Tbs present
motion Is 10 get as1de the tefanlt nnlcr which the
deere was entered. The ground OF tho motion, -
summons wss had IN December Inst. In Peor1a( II
this district, upon ftaac Underhln director. The
9iies of the company was situated In the Southern
excepting ondelhi1l. reside. The. Defendant
denies thcy are within tho Jurisdiction Of
thi9 court fbe decEee vas rendered, II Is allseed
On bonde, part Of which are claimed by Lucins
Hopkins, who claims a. IN assignee Of one Decker
the contractor who bnit part OF the rad aI,d I
% ns eo5a9 S he Trustee py 1s Terms q
Graaed, 20 when the ties we're laid, and 20 when the
Ioad should be completed Upon ihres miles Of
the road no work has been done, hut the dr,t 10
bonds were ordered delivered by the Pr.s,leut nf
ne deteadants without authority, as they SOY, aud
bonds now held By the contractor, were delivered
by the trus'ee to him upon hts own motion on ,he
M , application ana without the knowledge
difeetor Of !he Illinois River Kajtoaa Company.
nnd It ts elaiaed BY defendants IN their nfiavits
Ts. 11aI II cos,sot Is scheme to destroy the!r road
+; +, zbse v. ss%25sts& e4ss1sss
Tbs DEFENDANT 9, .oaa e now Being mn ), ths iii.
Peo1a Pe ksomRhsy n9T saon a he
AMI, 9 IA sid RiVer Road iFo detsna co1
road or part of their owp about irs ,I,s n sa ~
,enS,h n ;n.9 @ he City Of Peoria. nom thc s point
noTg aop5ns et or and abandoned bis contract
nf fhA 49,
nlles tn length, built BY him between tbe innr nss
,G% ,1P ,es ct .as nos Rvef opposite I PEE
RiEer Railroad Company, or their lavyers '"4Aois
Ths defendants Claim damages of Hook1n, for
pp;Snpsnosmsnse p;ms M Gf haid contract. 70 thls hop
tIact by reason that the deendan.s di1 not hayeth
right Of way further than no did build The detsn-
~hoe distance TheT ~ ssa ead eny fas ESnl ta
Aopkfns ever asked then.to procure the richt ny
F ena ,sa, 70 hem 81 sispped
= sse's;f & &
rapeement contract Of lss9, by which they had .ne
Esfi nEsipe to ma'af.,. Sa,!s md ,5si, III hs
e,rs ,56 III s1psads 500 eco uRo1 taelr
: lo;ssio:sa He dsfsRd.nt: ,esisf III by y
aays before the motion Was made to vt aside de
ieiault, IN October. 1861 That Undeshil~ atwhoso
bnuee copy Of the summons Was ieft- hss not
aeted as director for two years paat and Is Rot
With them In feeling or Intereat; and thts was
snown to the eomplainants, who tourht IN ibis my
Tee without notifying them, relying. upon Under
ne biIl va Lied Dec T. 1854, the eopy lei. at
lanos1y 4, 1855 and de1ne rendered: July E 1855,
o1 = tale of The road On Soy. e, 1865.
David A. Petty n. John 4. Fer1eu q nj, The
nf5 returned verdict Of guilty as 10 EezrclL and
.ssessed the damages at 1cos Suit Nas for false
Motions for new nials viii be taken No On Xon-
iay in the order IN which the easea stand 1un tho
CIRcr1T CoC1r or Cook Corsr1-Hon, & s.
J@1gt.-J. A. STAR. AdminisIatn., &c.
=; The city of chcsgo. Thi. ease, which waa %
81 81 ss asn @ Il h sa e. 1s
,pon Randolph street. waa copelrded, md ven
t'et i stssn e for ;he plaintiff tor s,,a0d:
smith and Wa,rsn 4. Hoberts, % Thia ia 4aos a saIs
TOWING ont Of the notorious II.ger triai, by IN
iSe!ezas1sa1 SS = cqurt sitting Joliet It i
Or setvtees as counsel The following l. The bill o(
tens To retainer md services in the ease Of the
.e Court ~ eonssnea sr 5 b1 1stSt fe1 T. Wa
lonse, Bishop of Illinois, 1t Joliet which tsiI
sn!sd from Anril to May is; 1867; and aiso, for
,ah expenditures to, ,fom nd At Joliet per railroad.
jase fnS Ell easss ss =.
lefanlt for II ,s15 and costs. This judgment de-
entian. moved to ret sssde. July 7th Of The same
ear; when the pialntiE offered to set tbs same a
side on condition that tsI should BE- had 1t that
err be 10 have the Et=ht 10 increase hts bill Of L
areulsrr. and to amend the declaration to insert
be natae Of Hcnr1 ]. Wh1tehousc tBshop} a. de-
eudant, no legal question Of mi.joinder
lit 10 Examination IS 4 witness for :
be plaintiff. The detcndants declined 70 accede .
. these terms, but the defauh YVES set aaide. The
t!al commenced md the examination Of Raw. Dr' \
Vhiehou.e, Protestant Episcopal B1shop of iii. 4
ois was proceeded with He had appointed "a :
nd theiF duty Ii prescribed by canon. He duir
resented Mr. Hase!. and t1la1 was directed to b
I'D al Joliet, ui1h Rev. Ar. Osborns, Of Chicago:
Eer- Dr: Glover, then Of Springfield and ReY. NJ
teele, then Of Decatur. ~ tiefs, the Wissa sit.
nE e 1uoRo Of pres!tent. Tbs triai eonumenc.a I
pal osh I'D ended Asy 18th, 1861 wish inseTmis-
ous. Mesers- Goodwin md Clarkson snnesr. :
- p'oefo's fot MI. Hag-E md III.