, 1873-10-18
THE COURTS.
Another Suit for Damages
Against the City.
Answer Of the Franklin Savings Bank
in Bankruptcy.
Some Of tho Tnx.Fightcrs Who Have
Appealed to the Circuit Court.

Aneon III. Trl1cBtloll and Eu"tn IL. bro"n
complain Of tho Alomnt,nia Firo insurance Com.
,auy Of Cleveland, OH account Of M INTEREST
hoy Claim to have In pnicy Issued by the
Company to Ell Sheppard. Oomplainanta etato
hat Sheppard aud vito mortGaGed tho houso
No. 7A9 West Kinzio strcet to L. 7. Whttohoad
Tor s815. md Whitehead assigned thta claim to
:omplanants. At tho time Of tic mortgage,
policy was taken out by Sheppard, and pro-
vision 1nado that tho loss, II any, should 10 pay-
eble to Whitehead, as his interest should ap-
pear and tAla was given to compla!nants' Us
collateral security. Subsequently, Ell shop-
rard executed n mortgage to complainant
for 5000, OH tho satno promises, and
agreed thai complainants should havo
On interest in the insurance policy.
Tho house was burned on tho 18th Of this month.
ComplainantB received on order from Sheppard
IN tho insurance company to pay thom 5000,
which they presented, but were rolused pay
mept Thoy therefore ask IN injunction againat
the Coupany to reBtrain thcm from paying shop-
rard ANYTHING until their claims aro satisfied,
which WAS granted by Judge Gary, lndoE bond
OF $500.
THE LIQUOR DAMAGES CASE.
Tin liouor tost-caBo under tho new law, por-
mitting woman to auo for damages tho Baloon-
keeper and owpor Of the house where tho saloon
Was kopt, was concluded yesterday in the Circuit
Court, Tho plaintiffs claimed that heyors, the
husband Of tho plaintiff, went to Mack's saloon,
and thero became drunk, aud while III such
condition ho became engaged In quarrel. md
was killed. Tho points to be proved to enable
pla!utff to rocoyer wero the intoxfcatlon that 1t
WAS at defendants saloon TINT such liquor waB
given as would intoxicate that defendant
knowingly sold or gave away such beverages; md
that it vas a natural, though not necessary con-
soquence Of such intoxication, that tho quarrel
md death should cpsuo. Tho defenso do not
deny that The law WAS Constitutional, but think
that the law was not applicable under tho present
circumstances. They hold that Meyers camc TO
Mack's place to buy the Baloon, and was not
drunk when the quarrel took place. Tho trial
mnuifcst in tho Testimony Of tho witnesses, and,
In their judgment concerning the drunkenness OF
the deceased.
Tho judge among other things, charged that
tho jury were entitled to award exemplary dam-
and tho plaintiff need not prove the actual DAM
| ago sustained it she proved that her means OF
support was diminished by roason Of her hua-
bauda death. II the death was not Likely to oc, e.
fix the liability definition was also e given or
foudnnt must have actual knowledge Of the sel-
ing liquor to the doceaaed.
The Jury were locked up at about half-past 6.
Tho Judge remarked. after the jury wont out,
that, II they did not agree by 10 O'CLOCK, ho would
discharge them, Us they certainly could agroe in
fiyo hours. at half-pnst tho Judge, counsel
for plaintifr, and a TRIBUNE reporter went into
tie jury-room. As tho jury took their seats,
one, more sleepy than the rest, asked his COM
panions, "What is tho matter? Havo you
| agreed I" After short conference, Matz,
tic foreman, said that II they haj
ten minutes moro be thought - tthoy could
CONC to some decision. Tho Judge
and all tho Outsiders then left, and ia about
twenty minutes the foreman reported that they
could not agree. The Jndee ?nostioneu s1''n sgve,n
ono Juror rculhrking that they could moi agree II
tley wore kept week. and tleroupon the judge
told them that he would dischargo thom.
Tho stated odat to thd nH s{aod o
round @ so a. to bo IN favor Of th'
plaintiff, but wore unhaprily a. Var!ane
in regard to the annu!lut, eleven being for glvinl
e100, and tho twelfth for awarding Sl,oooI NH
would take no 1ess.
two Americans, ono 1rishman, and one negro
! Ono Of tho der1nans WAS Interested in saiooG
M ss,s aa X s1eassg ssna'ss hoss s' Of pSFEs se
} h hnt was az Obliged after that to tax
thom, up1oas they could 10 excused fe
, some cause. After tho jury retired, Alr. pacl
ard dismissed tho case as TO- gay tue o o"nTf h
ends for tho t,mo very important case, not
! much for tito amount as for the principle. :,
, new trial will be had, aud 1t 10 stated that
, change Of venue will bo taken to another coul
!, ", where q jury containing fewer Germans CO
] be obtained,
b | JUDGE HEAroN. :.
3 Judge Hcaton WIS engaged in hearing q
caao Of Jane Hoy against tho city. riMnti LIN u
;. claims that on tho goth day Of August, 1879. al
. aud her husband woro riding in wagon on We
:. Jackson street, poar Halstod, and that tho hor
! attached to their vehlolc was frightened BY 40
inE the CARCASS Of horse lying in the street, al
throwing tue p'tnhtn On tno aa sdo% ha
y, living there two days, which amounted to o. =
~ Of negligence on tile part Of the oity, lor WHIT
~ It Ia liable. Jane, therefore, asks Tor So'ooo'
UNITED STATES COUNTS.
ID Tho Connecticut Mutual Life Insurance Col
Il pauy commenced an action for foreclosure o. o.
30 mortgage Of $4,000 against William g: e
O. laghor, Sarah Hallagher, William :. Wall
10 Dwight +. Cameron, John r; McGregor, and
IS ai5 T. | IS ie, and II in !. d. Barrele subdiv
ae ion Of Block b8 In tho Canal Tr,steeB Buddy
40 ion Of the ". II Of Sec. 81, 80, "A.
W. Rosen brought tS libol y u Tue nndnn 1lsei
v. S447. 7.o3 for supplies furnished.
81 BANKRUPTCY ITEMS.
Il The first meeting Of the creditors Of II:
lg Kniokerbookor will take place to-day At IL o'cl
II, at the Registers office.
~. In tho case Of Phillips and others, the sece
n general mceting will be hold at p: n. tod
sh at the aame place. when dividend WILL proba
hi do declared.
In The case of galkey and others, an order
of examination, on the 23l inst, at Register +
M. bard's office, Was eutered
II The Franklin Dank filed denial Of bankrur
,b. in the petition against them. and ask to be tt
t. IL tho case Of julius Kirohotr, r. Gustav
Ike John D., and Il. Augustus Ki1ohoff. and J
oto Hannly. an adjudication was Yesterday ente
- Ki1chor) to file schedules, and the case was
,ru ferrod to the Register aud warrant sent.
ing In the caHe Of skelsey, Fuller l. Pierco,
ng- Bny Inland contractors, tho time In which
no show cause WAS extended to twenty days,
aey m alias rule issued.
NJ The proceedings against Jacob L. Stone
lico to be dismissed, and the adjudication set o
naea a',a uneas objections are filed by TueBday mor1
,lts lAa noxt.
oau COUNTY COURT
~ az Tho list Of tax-hghters who hagc appeale
loal tho Circuit Court, as stated In yestord
pro" | TprutrHr nYnhranaa nhn1tt nixtv uRmeu, an