Arizona weekly citizen., 1883-09-29
TERRITORIAL DISTRICT COURT.
Hon. 4. W. Sheldon. Associate Justice
 AFTERNOON SESSION.

AFTERNOON SESSION.
 In the matter of the Impannelment of the United States grand jury, J. F. Yorba and E. A. Barker were brought into court by the Marshal The Mar. shAl makes a partial return of a special venire of the following names, to-wi, Albert Tribolet, Fred NJ Berryman Pierce Ford, W. B. Hopkins, George Pusch and P. F. Nilsson. All the jurors were sworD on voir dire, and for good cause shown George Pusch, r. F. Nilsson E. 4. Hartwell and Fred M. Berryman were excused. D. Snyder was appointed by the court as foreman, and after being duly sworn as foreman, the remainder oi the jury were duly sworn and charged by the court, and retired for dehbera- ion under the charge of Fl. D. Under. woad, who was sworn as bailiff.
 In the matter of the discharge of spe- cial venire-All jurors brought into court on the special venire and not ac- cepted on the jury of Roskruge vs Bragg are excused from further attend ance on court, and all other jurors tIll 70 morrow morning, September 22, 1883
 Roskruge vs. Bragg-Csse continued jurors called, all present. Defendant asks for a non-suit on the ground that no facts are established by the plain tiff as proofs in the case which would support a verdict of Jury and that no facts whatever have been submitted to the jury. After argument the motion Is denied and exception taken by defend ant. WhereupoD defendant calls Con. Ryan, who was sworn, examined, cross examlDed on the part of ihe defendant At this stage of the proceedings plain tiff asked leave to file an amended complaint making Con. Ryan a party with G. J. RoskTuge, administrator of John Mansfield. Until to-mOrrow given for defendant to meet the motion of the plaintiff
 Adjourned till Saturday, September 22, 1883, at 10 a. n.
 SATURDAY. Sept, p
 Farley vs. Williams et. al. Dunphy's demurrer withdrawn and five days tu answer.
 Mercer vs. Acebedo ct al.-Hearing continued to be called upon two days notice
 ROskruge vs. Bragg-Motion to maF C on Ryan party to plaintiff and file amended complaint, granted, on plaintiff paying costs.
 |. 5. A vs. J. c. Tiffany; all the eases The time If the court being occupied by case already on trial the consider. a'ion of these cases is continued till Monday, Sept. 24, 1883, subject to trial of Roskruge vs. Bragg.
 Roskruge vs. Bragg. The trial of this case was continued. The roll of jurors called, all answered to the'r names. The motion of J. 4. Anderson for permission to file sn amended com. plaint after being fully argued by coun sel on both sides, was by the court granted upon the condition that plaintiff pay all costs up to and in- eluding this date, and 1t is ordered that the amended complaint be filed now subject Jo said terms; defendant 10 have till and including Monday 10 file cost bill
 On motion of W. W. Hoover. It is ordered that defendant be deemed 10 have made the same motion tO strike out that was made on the original com plaint, that said motion was Overruled, and defendant excepts. That the same demurrer IS filed ss to the original complaint with the additional cause of demurrer Is denied to have been over- ruled and exception taken by defendant.
 That the same answer Is on file as to the original complaint with the follow ing exceptions that the first ground of defence in the original answer, the plea of partnership, Is stricken out and defendant specifically denies the amount of tine partnership ID the amended com plalnt; that the other denials and admissions ID the amended answer be the same as in the original answer.
 It being understood that the same amended complaint IS in all respects the same as the original, save and ex- cept as 10 the partnership averment.
 That the defendant have to and in- cluding Monday 10 file sad motion to strike out demurrer and answer which shall then be filed nunc pro tune of this date
 It was then ordered that the case proceed to trIal, the jury having been instructed to disregard and dismi ss from theIr minds all the testimony and proceedings heretofore had.
 Whereupon c c. Stephens, W. B. Hor- ton and Con Ryan were called, sworn, examined, and cross-examined on the part of plaintiffs, and plaintiffs rest.
 On motion of J. \. Anderson, it is ordered that Messrs. Earll, Smith, Campbell < Stephens be added as counsel for plaintiff Cornelius Ryan.
 After the usual admonition to the jury the court adjourned till Monday morning, Sept. 24, 1883. at 10 a. ID.
 Defendant moves the court for non- suit on the same grounds heretofore urged, denied and exception taken.
 Adjourned to meet Sept. 24, at 10 a. ID.
 MONDAY, Sept. 24.
 Kinley vs. Omega c. NJ. Co.-Plain- tiff and defendant represented by 5. Ainsa by consent in open court ask that the judgment in the above entitled cause be and the same is hereby mod flied to the sum of S27.3l2.22, and that when the same IS credited on the eXecu- tiOn now in the sheriff7s hands in said case, till the same be and is returned satisfied. John Haynes, attorney for Fully, OchOa < O., objected to such an order and after argument was sustained and exception taken by plaintiff.
 Whereupon plaintiff asks the court for an order for judgment in above en- titled cause for the sum of S27, ,3l222. The defendant by its attorney, $. Ainss, Esq, affirming in open court and con- senting thereto, which motion Is contin- ued till Tuesday morning at 10 a. m.
 Woods vs. Woods-Decree foI plain tiff.
 Strsun vs. Straun-Case submitted 10 court on report of referee.
 Drake ct al. vs. Gunsight M. Co.-Ex- hibItion of claims continued till Tues day. September 9, 1885 Territory vs. Wm. Moyer-Case con tiDued for the term. Roskruge vs. Bragg-On trial. In the matter of defaulting witnesses of the United States.-M. Cooper and E. Mann were brought in by the Mar shal on sttacment, and after making good excuse for their failure to answer the subpenas, were excused. Adjourned to meet Tuesday, Sept 18th, at 10 a. m.
 TUESDAY, Sept. 25th. kinley vs. Omega c. M. CO.-Five days stay of proceedings granted. Fred M. Bergman, native of--;  Roskruge vs. Bragg.-On trial Appointment of Benjamin c. Bsrrol, Jerk of the district court vice Williams I announced. Some anxiety IS felt at the prolonged l -N eE.