, 1879-02-12
TIE COURTS.
.,.tAet Delay About the Fullerton
"''" Avenue Conduit.
u.,,uc, NJ tie Steps Taken to Get
'''' he Land for The Pumping
Station.
,,u,o the Meaning OF "Spitz-
n,,be ''---New suits ana
Judgments.

o..,,. yesterday dismissed the petition
Iaats f,1- n Chicago ~. A. N. Fullerton.
d @s w. Condemnation proceeding to condemn
1hasn a.s,t ~ arc OF land on Fullerton avenue
aboa, a' rortt-sldo PumpinE-Works. A dc.
fof Mo -, ated on the ground that the ortli-
MUTE A., m. state With sufficient c1pllcitncsa
ntpee s,.., ~. fof which The 1nnd WAS wanted: TINT
ths t,gs. ou in othe. words, show that the concm-
o'a Ds1 sr1asecdtoRs were for public purposes, no
si.p" 'tnr the ctty had authority to condemn.
=. = a. ordpsncc Ia question Was passea NOV. ~
IN. md Is Il follows
~ n,,In,ncs 10, tie condemnation Of lind Tor The
,.u 1.daintd' fte., sxcTtoN l. That for the
,aPto.ts of 4 pumping .statlon the iol!owlna d.
ad Ind b. ana ths e., snms ne, u 9ssreSy' eon
s.astd f. q e. e. Il Il. 10. H. lying ss.t q
p Scth T. utsneh Of The Chcago River and south
y. y fue,ton s.enpc spundca an. an Sssescd q, es
ielloT1r fullerton avenue 40 feet distant ant snutl
lns 81 I'll IL ths north line OF said stc III. which
XII Is feet east Of stone monument set ut
h:nfs saFs, ,ous & a. III sabt sns:. e I'D
81 st .T:nac .1 III fee. thence west parallel to
"a Fullerton avcnuc 17s feet more or less to tho
ssah Of ;hs 6Gn'fsass RTs s.fa shfrss rss
= .,<nas, ss' thsnee " Ell elopg Or ,o,,t1 l'ao
= .,H Fullerton avenue l00 rect more or lees TO
..ee ss,ss sst sonF Tho south line Of satd Fullerton
.sssst . to ths plsee Of beginning. containing
III 900 acres ms.c oE less In accordanes With
" n pl'e n11vt Thst tsi Improvement .aai he NADIA
nj III eoat thereof psid fot by general taxation
st mstrenr,anes with Ar. Of an act Of tho UencIal
asntmhjT oi the stntc Of 11i.noi. entitled "An
~ n ntosihe for the Incorporation 1f cities aud
,fI.sss approved the 10th day Of Arril. A. u.
I'LL md adop' ID by tho Common Council Of said
III tf ordnance passed. tho I'd day of September,
T. ttc r. j. That tho Counsel 10 The cornoration b.
,ad h i hereby directed tn Ic petition III the
f1rerIt Court al Cook County. H.. IN tho name Of
tbe cisy Of Chicago, psaytnE tho 1uat eonpcn.
utst Of damaged lot said irpFovemeHt er pur-
poss spetded in this osinanes ahsl, bu ASCERTAIN.
H. i. fhs ordinance shall be in force from and
hte, tts passage.
The Judge held that tie demurrer was we'll
,,sep. md that the ordinance WAS - defective
rio g.yo TO power to the city to begin condcm-
s.,iou proceedings hereunder. The demurrer
nj therefore sustained md tho petition dis
pt.eJ. The ordinance having been declared
yoIl, no proceedings eau bc had under II, a,ld
the Council will hare to pasa on cptIscly now
ordinauce for this purpose. Frank Adams was
aIoruey tar The defendant, nnt It 10 sald he nlso
drw the ordinance In question, which he has
tuit found to be detective.
"srtrzBups."
Tie rnse Of Louis Tlmpe ". DernhArdt Klho1z
Vii ,rcd Jeaterlay before Jury in Judge
kye,s' br4neh Of the Circuit Court. il was al
as,!ou fur SANDER. The lcfcnlanL wntc
platntlf was QIr1ng testimony betoro 1 MAster
IN Chaneery, to bs used Ia the suit Of Wolfe
kahylz, e}aculs!e1 the word "spttzhu1e." !"
Th!s single word vas the alleged Islander. Tlo
fF.$ .a~fA
dsaIed that the word meant, OF was intended to
nrsn, thlc'. but insisted That it, ordinary md
proper sipnllcatfO1 was rascal, Ehnrper, etc.,.
md, besides, defendant cinImed to have dis
ssa#ed she aensa aF thief on the occasion at
tpeakog!t It. Two days wero spent In worrying
IN which dictionaries nnd experts In languages
Sefe e'sboratc'y oVerhauled and pttted against
e'ch other, creating uirth asitl fun ail tiu way
through. At the outset novel guee-
tim was raised ns 10 the competency
a., e. os;naas s,a Mis. 70 70 ~ as jurors; 81,
II Germans attached fixed meaning OF sup
posed ihcT knew the meaning OF the word,
lhrIr minds wcre already mnt1u Up. and the eyl-
dsIen would hardly change 1t. Mt. George T..
Hslows. for plaintiff, contested this position.
A*as lutly arPued. Tie Court was !uc|lncl to
called Is 1dton, who swore they knew the mean
inE Of tue word c1rrectay, did sustntn the cxcep-
teo, aud excluded them, Other Germans, who
ahiHeftd thal The meaning Of ule word lellcal-
81 on its connection nnA tile occasion Of using
y, we're accepted bJ both parties. Tic case Ii,
~ progress oceasoned not little amusement
lrotn the eont1arlety Of witnesae4' opinona
tad the many curious and diverse explanations
ahd Illustrations Ut the uso OF tho word. The
esse 4aumel more the appearance oi dlsputa
70 pholo0fca! association OF society than that
u m,,,,a 70 ordinary lawsuit. The Jury sctilcd the
iepdant
An ADMIRALTY BUTT.
Judge BlMlectt was engaged yesterday morn,
ing tn hearing the admiralty casc uf the Ellen
efpry w. w tots OF coal claimed BY Reno &
L,IsIet !hts was libel Tor three dyys' tiemur.
.ast, alM! liz Commissioner found in favor ol
a,r llbs''ants aud assessed Tho damages At $500
,.nas, ne'eie'ifs objected TO the Commissioners
iio't W t''c ground, first, TINT there was nu
;en ioE acmnrEaeo; second, that tho Hen Ma
.9st by thu delivery OF the cargo; and, third
tt 4ah!ue amount OF damages was excessive, ii
.ne nfoot showed the vessel did not make On
i.' a.staat over US day, and 1t was unfair II
!asss .aes;s ~ damages by the amount lost in ula
.%on, aa instance, ~; ss'e then having also large
smouat s q Wheat on board. I'hc llbellausa
ss, 1uhsel' Mr. Condor, claIulcd, first, ti,nt the
atutes .ss ot l'ltnoia gave 4 lien Tor demurragu,
h' hona laat ndtsco bad becn given Of the cta(n,
tb.l ,ho 's SSa1ko w. d:seharsed aud, third
lin. .au etlacee showed the weasel Wns ut the
nv uG sarn.ls nearly 500 dav, 80 that her act
ual, ea !o's w. nearly 500. The csse was taken
sauet adVkclncnt 1t tbs conclusion OF ths ervu
DlvoRcxA
H. tatne l.. HatdW Glcd bill yesterday cbay0
hs.s hs nat ter husband, Samuel B. Baldwin, ha.
W.. Ms" e9htrmcd drunkar.l fUr nearly ten year,
srrnunt, ''"'' MIL W ~"
.,Nltgaret Smith cla,r, TINT h- h,.,.,d