National Republican., 1883-10-30
BEFORE THE BAR.
Decision Against Frank Wards Dairy-Appeal
TO the United States Supreme Court
Motions I'm the ISilbourn Case overruled-
Other Matters Before the Courts.
FRANK WARD MUST GO.

FRANK WARD MUST GO.
In the court in general term yesterday
Justice Cox had the balancing decree in the
case of Walter ct al VS.. Ward, read IL is by
the court this twenty-seventh day of October
ordered, adiudged, and decreed that the de-
fendant be, and he is hereby, forthwith en-
joined and restrained from sounding gongs
or bells or causing other noises on his premises
described in the proceedings, from the move
ment of his improved milk cans or other
operation of his business on said premises in
such a manner as to disturb and interrupt the
sleep of persons residing in the neighborhood
or render the occupation of their dwellings
uncomfortable; and that he be further forth
with enjoined and restrained from manufac-
turing milk into other products or storing
the latter in said premises in such manner
that offensive odors aud exhalations therc-
from shall annoy the complainants
and others residing in tho neighborhoOd
or render tho occupation of their dwellings
uncomfortable; and that he be further en-
joined and restrained from keeping and
maintaining on his said premises, in connec-
tion with his dairy business tho horses and
manure complained of in the bill of com
plant provided that this paragraph of the
present decree shall only take effect and
operate from and after March next; and IL
is further ordered that this cause be retained
therein rs the court may sec proper.
Chief Justice Cartier said he did not concur
in the opinion. Counsel for Mr.. Ward gave
notice for an appeal to the supreme court of
the United States.
HALLET KILBoURN's CASE.
The case of Hallet Kilbourn against John
I. Thompson and others for S350,000 damages
for false Imprisonment was called in the cir
cunt court yesterday. Both Mr.. Kllbourn and
ThOmngOn IL
sci. some legal questions growing out of the
pleas of the defendant to the amended bill, to
which tho plaintiff domurred, were taken up
and argued by the lawyers. One plea alleged
that the amended statement of damages was
barred by the statute of limitations. Judge
Cox held that as the original suit was entered
within the time prescribed by law, the cause
of action remaining the same, au amendment
merely to the statement of tho consequences
of such action to the plaintiff was not equiva-
lent to entering new suit. The court also
overruled plea involving the jurisdiction of
the house of representatives to order the ar
rest. The case went over until to-day.
NEW INDICTMENTS.
The grand jury yesterday presented true
bills against Richard Ross, second Offense
petit larceny; Carrie Blackwell, alias Mary
Blackwell, larceny; John Frisby, assault
with intent to kill Washington Meredith
robbery Samuel Hessler and Charles Collins
house breaking in the night; William Green,
larceny; Frank b. Sullivan, house breaking ;
William Wayne, rape on Sarah Edmunds ;
John Williams. house breaking in the day ;
John Manuel, house breaking in the night
two cases.; John II. Williams, alias John
Jackson house breaking in night Frank
Schulties, embezzlement. The following
cases were ignored: Jacob Pinkney, grand
larceny; John Mellin, Frank Morarty, and
William A. Lloyd, house breaking; Elizabeth
Faherty, grand larceny; Hamilton Temple,
rape on Anna Parks; Ferdinand Ribnitz,
grand larceny.
GENERAL NOTES.
The last will of the late Robert Payne was
filed yesterday. He directs that all his debts
be paid and the remainder of his estate to be
divided between Mary A. johnson, Mary T.
Poore David Poore, Ada L. Poore, and Har-
riet A. Holmes. James Herring is appointed
trustee.
Mr.. j. Med. Darlington called the attention
of Judge Wylie yesterday to the case of Ed
ward johnson, q boy who has been committed
to Jail for incorrigibility. Judge Wyie ad-
vsed him to have the case reopened i'll the
police court.
In the criminal court yesterday the case
of b. +. Bigelow was called. A petition was
presented by w. A. Cook for postponement.
Time was granted for the defendant TO eX-
anime bill of particulars, and the case set for
Monday next.
On motion of A. c. Bradley, Charles S.
Wilson was yesterday admitted to the bar
THE RECORD.
Cotlrttn General 7erm-Chtsf Justice Cartier, Jus,
ticeS Hd0ner aud Cor.-Wulter VS.. Ward; I'M. ana
restr. ord. granted A. II. Herr VS.. J. +. Barber;
judgt. of specl. trm afimd. Catherine Ragan ct al
vs. Henry H4ig45y ludgt Of sEcI trm; Ia siimd
sub. Keyser w. Iiitz and wife decree std, by j.
James, Mary V. Shelton vs. c. A. Ware on hear
ing. Adjourned until to-day.
IpI(Ie-JlmeS X, BOyGe
Sunday bar p. e. and fined; Eugene knight, un'
licensed BAR 2. g. and tlned. G. W; Hutchinson
filed George Walker, Willis Couver, and Henry
Cempbell b. b.; Walker and Campbell SEN TO rim
schl ., and Couvcr II. e. Edward Johnson. iucOri
bilty remanded to. pc. Abraham Banks, h, b..
sen, 10 years in prison.
Circuit Court-Jttd0e MdcArthur-selden VS.
kaufman; judgt By delft. ,Kiibourn vs., Thomp
son; leave to delt. to and. pleas demr; to and
pleas; mo. excepIn. Adjourned until to-day q
Equity C0mt-Judge James-Hockemeyer VS.
Newmeyer; pro con. VS.; Ger, deits ordered Grall
VS.; Craig; test. to be taken IN twenty-five days
Adjourned until to-day at 10 a. M,
NEW SUITS.
No. 24.s59, John stcl2le vs. Marshall McMiSh0el l
replevin: w. II. Miller, attorney. No. 24,S60
$40. G. NJ Matthews, % attorney. No 24'sSi, i.
DAILY VS.. James A. Gibbs ct al; judgt. for ST.. Nc
2i,s62,. ]. c. Parker VS.. Kate and Alonzo Mari
Court in General Ierm--Justices Cartier, HdJne'
and JdmcS-No y On hearing.
Eauftp Court-Jndae Jdmes.-Nos. %, "a, 30, 30, 81
CTcua Cout-Jud0e MdcArihur.-No. Al on hear
ing.
3lS, ll,S76, l4,9s9 1886, l4,5OS, 1479G, l496t
1856, li96l ,andli062,
JOPLIN, Mo.-Dr. j. b. Morgan says :"
find that Browns Iron Bitters gives entir
satisfaction to all who use it,"