The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1873-09-04
CIRCUIT COURT,
A Long and Important Term
Some of the Proceedings.

The August term Of the Ceds
Circuit Court began last week Tues
day morning, after one days delay Of
account of the non-arrival Monday O
Judge Mexican. The docket was al
exceptionally full one, containing n,
less than 443 causes-40 equity Ia,
law; go probate. Since getting un
der way the Court has been disposins
OF this accumulation with celebrity
and is holding court right on through
this week for the purpose of effectuall,
clearing 1t up.
We are, of course, unable to fine
space for anything like a rehearsal o
the entire docket with the disposition
of each case. but will make especia
mention Of the jury trials and any
Others that seem likely to be Of gener.
al interest.
The case of Jno. s. Smith Is. Dis.
trict Township Of Springdaie, the irsl
jury trial, was brought by plaintiff &c
collect 500 which A. b. Cornwall
Treasurer of township thought he had
once paid-at time when his books
showed O disbursement of SIS oil
which only $50 was Endorsed upon the
note. Judgement on verdict Of STA
in favor of plaintiff.
A. p. Morton rs. Stanwood 4 Upton
y. Il. Goa suit to dispossess the
Company Of the ground through his
farm used by it for road, upon claim
that the right Of way made by him
some years ago had become invalid
and the land reverted-was taken by
change into Linn Co. Circuit Court.
Nancy Morgan rs Jesse James was
q rather peculiar case, in which we
are impelled to state the material facts,
since some people who do not lay
claim to all the angelic virtues think
they bear rather hard upon one who
does pretend to be the embodiment OF
virtue, morality and heightened con-
scientiousness. Hammond 4 Pound
were nominally the defendants in the
case, but only nominally, as will APP
pear from the facts. 1t appears that
while Morrow and James were yet in
partnership in the Post more money
was needed as was frequently the
case and Morrow borrowed $500 Of
Hammond & Pound, giving therefor a
note signed by both Morrow and
James, individually. and also deposits
ing as collateral security note Of $500
in favor Of Nancy Morgan, Morrow 8
mother and the mortgage on real
estate securing the same. This note
of Mrs. Morgan's was given her in
part payment for little property in
Davenport which real estate agent
there sold for her and as she testified
upon the witness stand, she supposed
this note, and one 70. $3.50 due sooner
than this one, were yet in the hands
Of the said agent up to a time after
Morrow's departure last fall, when
wishing to realize on them-S. l..
Smith, Esq, makiag inquiries of
Hammond & Poub ,,bout negotiating
them there discover for the first time
that they III. & p already held one Of
them. Surprising up to that time, as
above, that both these notes were in
Davenport having never seen either
of them and knowing that her en-
dorsement on the one in the hands of
Hammond 4 Pound was q forgery,
aud that the other, past due, was prob
ably gone with her graceless son,
Mrs. Morgan very naturally at once
took steps to obtain possession Of the
one which was left. She replevined
1T from Hammond & Pound, and ms
the decision of the suit on replevin in
her favor would leave Mr.. James to
pay the money, he employed the best
legal talent in the State to try to finish
the work Morrow began of beating the
aged widow out of the last cent she
had in the world. He had gone to her
in the first extremity Of her
aff1iction over Morrow's embezzle
ments and flight, and represented to
her, feelingly, no doubt, how trying
ii would be for her to go upon the
witness stand and make her own son
out forger, as she would have to do if
she persisted in this suit; but, although
he urged upon her by such considera-
tons the propriety Of. sacrificing her
self to let him out, she told him she cod
not make what Horace had done any
worse than it was, aud that she had
lost the other note and needed the pro-
ceeds of this one. Thus left, the mat
ter came up for trial at this term of
court as indicated above Wolf, Landt
& Yates We're for the plaintiff, while
f. +. Cook, of Davenport, used all his
subtle eloquence to vince the jury
that the Odd lady had probably given
permission for the note to be used as
it was by Morrow aud that she had
forgotten or didn't know what she
was talking about when she swore
that she had never seen it aud could
not have Endorsed ii herself But the
jury, finally sent out, decided in less
than five minutes, giving the note to
Mrs. Morgan, and the Court entered
judgment on the verdict.
f Listenwalter rs Hecht was the
next cause tried by jury. This was
of two casea, one a suit
to recover damages for work lily done,
and another TO recover pay for the
work. Verdict for plaintiff of $l5 and
costs.
Bartlett ~. Smith Il Somes appeal
from Justices Court. Verdict for
plaintiff.
The case of Bunker rs. Belgard, in
progress from Monday morning up to
this writing Tuesday evening, being
an action to recover damages in the
sum of 81 200 for injuries received in
last springs stabbing aflray, attracted
a good deal of interest. 1t may be
decided before our forms are closed
Wolf, Landt & Yates and Plat & Carr
are for plaintiff and S. l.. Smith, S. A.
Bissell and Sam'l Fairall for deft.
Seven divorce cases are upon the
docket, uis:: Melissa as. J. w. Gould
Nelson e. Us. Kate Burnap; Sarah Us.
7 4 4, ~