The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1866-12-13
District Court.

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advertisement in another column.
District Court.
Court adjourned on last Friday even
ing, after having transacted all the bust
ness that was prepared. The criminal
, calendar was unusually large. The civ.
il docket was not large, many of the
cases having been settled. We give q
full list of the criminal cases, and a list
of the civil cases tried by jury.
STATE CASES.
State va. Freeman B. Smith. The
defendant was charged with having sto-
len buggy and harness belonging to
Messrs. Casad & Gilmore, on the
night Of the 10Th of May, 1866. On the
evening before the buggy was stolen he
was at Upton, and staid until dark. On
the same night, at about 10 o'clock, he
was seen about nine miles from Upton
on the Muscatine road, with the buggy
and harness in his possession. He sold
the buggy the next day, and two or
three days after he wrote to the purcha-
ser that there were reports that the bug
gy had been stolen.
At the time of trial man by the name
of Driscoll made his appearance and tcs-
tilted, that on the night of the 18th of
May he was going from Upton to Mos
cow, and that he saw Smith about five
miles from town, trading for the buggy.
His testimony stood unimpeached, but
the jury thinking it good for nothing,
found the defendant guilty. The ver-
dict of the jury was set aside by the
Court for the reason that it was contrary
to the evidence. A new trial was grant
ed. The State will have an opportuni-
ty of showing whether Mr.. Driscolrs
testimony was made for the occasion or
not.
State VS.. Jose Cortes. Indictment for
stealing horse belonging to John Dice
The defendant pleads mot guilty"
Says he worked for man near Wilton,
and being unable to agree with him
longer as to the price of labor, he left
and went to Musoatine, where he sold
his pony, expecting to go to Kansas
He then bought new saddle and bri-
die and concluded to go back to his en-
ployer until he could get good horse to
ride. He says he got drunk and laid in
straw stack near Durant, from some
time in the afternoon until the next
morning, when man came along riding
a horse with halter and piece of quilt
on him. The stranger proposed to buy
the saddle or sell the horse. After some
"dickering" Cortes bought the horse
and started for Kansas, but was soon
overtaken and arrested. This is his
statement. He will be tried at the next
term.
Foot and Jacobs, under arrest for horse
stealing, having broken Jail, are still at
large. The amount of their bail is fixed
at 81 900, in case they are found.
State VS.. NJ. Yard. The defendant
was under bonds for his appearance be-
fore the Grand Jury under charge of "as-
sisting prisoner to escape from the
custody of an officer" The case was
continued at the suggestion of the Grand
Jury. The bail was also continued.
State VS.. n. Long. Under bonds for
resisting peace officer in making an ar
rest. Continued at the suggestion of the
Grand Jury.
State vs.. J. Dcnnison. Same as the
last.
State VS.. A. Lowell. Under bonds for
assisting prisoner to escape. Continued
at the suggestion of the Grand Jury.
State vs.. c. NJ. Gilbert. Under bonds
for assault with intent to kill. Contin-
ued by Grand Jury.
Town of Upton VS.. Geo Shafier. The
defendant was prosecuted for selling
beer without having procured a license
as provided by an ordinance of the
Town, which provides that any one
who sells Intoxicating liquors not pro-
hibited by law, within the Town, shall
pay license of 500 per year; and that
forevery day he sells without license he
shaAbe subject to fine of SIS.
The defendant refused to procure a
license, and was prosecuted before the
Mayor ana fined $50 and costs. He APP
pealed to the District Court, where his
case was again tried and he was fined as
before.
The Town is incorporated under the
general incorporation ,aw, which pre-
vides that municipal corporations may
regulate or prohibit the sale of intoxi-
eating liquors, subject to the law, of the
State. The State law permits the Sic of
beer. The question was whether tla
power to regulate gave the power to Ii
cense. The Court decided that it did.
The Supreme Court, in the case of the
City of Burlington VS.. Keller, xviii
Iowa, page 6G), makes use of the follow,
ing language:
"Itis lawful, under certain limitations,
to sell beer, wine and cider &C., in this
State; but it does not, therefore, follow
that city having proper authority there
for in it's charter, may not regulate the
sale thereof within such city; and in such
regulation may prohibit the sale, except
by persons who have procured the license
required by its ordinances, passed under