Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1882-11-02
The Circuit Court of Iron County
October Term. 1882.

ing with the full roll of the Court.
There were present Hon. John l.. Thomas
Judge; Joseph Huff, Clerk; w. A. Fletcher
High Sheriff, and Paul Patton, Deputy.
As attorneys: Messrs. w. H. Clopton and
Geo. H. Benton, of st. Louis; L. F. Dining,
of Potosi; Sam. Byrnes, of Hillsboro; VIM.
Carter and NJ. L. Clardy, of Pennington; B.
lZwart, Emerson & Edgar, j. +. T. Edwards,
and II. NJ. Bradley, of Ironton; C. D. Yam
cey, of Piedmont, and League, of Poplar
Bluff.
Mr.. w. II. Clopton has become known as
the friend of Col. Slayback, who was with
him when he was killed. Mr.. Clopton is a
thorough gentleman, of most knightly pres
ance, of affable manners, and exceedingly
shrewd and vigorous as an attorney.
The whole list shows fine array of legal
talent, so that Il spectator had a good show
| to learn law.
1t will richly repay Justices of the Peace
and Constables to attend the Circuit Court
to learn their duties.
The docket was short rather than light.
Some of the cases We're contested with
great skill by the attorneys, and were han
died with great skill and patience by the
Court, Who certainly gave to every one his
| due.
Much of the litigation was with the rail-
road company for killing stock-and farmers
will please permit the reporter to offer a few
suggestions on this matter:
| When stock is killed, keep cool, and have
it appraised by those who do not make a
business of suing the company. If the cor
poration offers to settle at two thirds of the
appraisement, take the offer, and you will
have more money than if you obtain the
| whole appraisement at the end of the suit.
The Arcadia pie war got into Court.
| Some widow ladies had been selling pro-
visions to the passengers at the depot. This
was grievance to the proprietor of the Ar
cadia House, who procured an Injunction
against them. They removed to another
place and continued their business. An at
tachmeht for contempt was sued out, and,
upon testimony adduced and argument
heard, the injunction was made perpetual as
regards the use Of the cars and the upper
platform, but is held not to apply to the
steps and lawn platform north of the depot,
which are in the State road. The costs of
the injunction were taxed on the defendants,
but the costs of the proceeding for contempt
were taxed on the plaintiff.
| The Grand Jury did not find bills against
John Franklin and Mary Miller.
| George III. 'kimball entered plea of guilty
to the charge of forgery in alternating rail-
road ticket, and was sent to the penitentiarv
for two years.
| The most troublesome business before the
Court was a batch of cases coming by a
| change Of venue from Butler county, being
the five Gardner and Bartlett cases, the his
tory of which may be summed up briefly:
| Geo. Il. Bartlett owned some property in
Poplar Bluff and some in its neighborhood,
and by some means induced Thomas Gard
ner, of st. Louis, to lend him s., 900 and take
IA mortgage on the property, which was
| eventually foreclosed; but as the sale of the
property failed to satisfy the notes, Gardner
| started to hunt his remedy, and the result is
| four suits against Bartlett and one against
| Gardner by Bartlett. The Bartlett party
! bursted up the Court in Butler county, took
| a change Of venue here, and by tilibustering
| and dilatory motions tried to exhaust the
patience Of the Court here, and then de-
| manded the election of special Judge.
| But the Court did not burst, and the filibus-
tiers were compelled to settle down and 60 to
trial. The result was that the Court gave
judgment against Bartlett for $5,373,73, and
gave him one month to redeem the property.
There was note given by Bartlett to Gard
ner, which the Court enjoined. Gardner
then brought suit for debt and damages. A
jury was called, which gave Gardner eight
| dollars debt and fifty dollars damages.
Ana, by the way, it was the best jury
have ever seen in Iron county. The whole
eighteen are of our very best citizens.
On petition of Leanna Moss and James o.
Moss, commissioners were appointed to di-
vide the Ruble farm; and the Greason farm
| was ordered to be sold for partition.
The pie war was renewed by another in
junction by Robertson VS.. Allison. De-
PENDANT was discharged on payment Of costs.
The case of p. III. Kilallee vs.. p. II. Jaquith
ct al, quo aCdrrGntO, was very ably argued by
Zwart and Dining for the old Board and
Carter and Emerson for the new one. The
case was knotty one. The Court held the
election of Killallee valid. Decision in favor
| of the new Board, which Gusts the old one.
The Court held that up to the election and
qualification of Kilallee the old Board was
| valid, but after that the new one. A motion
for new trial was filed.
| b. F. Condlin VS.. st. Louis Ore & Steel Co.
dismissed, because of the consolidation. 1t
should have been brought against the Pilot
Knob Iron Co., which, although an element
in the st. Louis Ore & Steel Co., still has
corporate existence.
In the damage suit of Killalee Va. Jaquith
the demurrer filed by the defendant was
sustained.
In the appeal case of the Town of Pilot
Knob VS.. Killalee the defendants motion to
| dismiss the appeal was by the Court over
ruled, and when the case was called for trial
| the defendant dismissed his appeal, whereby
| the Judgment of Mr.. Jaquith stands af
| firmed.
We learn that at the close of the Court all
difficulties in the Kilallee cases were adj
iusted, and that the new Board was to be
placed in possession of the offices on Tues
dav Oct 81