The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1883-01-06
County Court.

Souusy
This new branch OF the judiciary OF La
Sale county was formally inaugurated on
Tuesday morning by Judge Gilbert taking
the bench at 10 o'clock and Sheriff Mllligan
proclaimng the court duly opened, accord
ing to law. Prior to the entrance of the
Judge the bar of Ottawa were gathering in
the court room, indicating the support to be
given. There were present Messrs. Blanch.
ard, Bull, Mayo, Widmer, Nicholson, Lin.
coin, Snow, States Attorney Brewer, City At
McDougall, Haight, Kilburn, Paine, Judge
Lelane, MacKinlay and others, besides sew
eral spectators. Judge Gilbert's first official
act from the bench was to promulgate some
new rules Of practice, similar to those recent.
ly adopted in the circuit court. He then
proceeded to call the docket (fifty.seven
cases) and placed such as were ready for
trial upon the trial calendar for the term
and in those causes that have been upon the
docket for years, ordered rules upon plain
tiffs or appellants to show cause by certain
days why their suits should not be dismissed
for want of prosecution. The determination
OF the court seems to be to crowd the work
forward and require litigants, If they must
resort to the courts, to be expeditions in hav-
ing their suits tried.
In the call OF the docket some queer things
were developed as. In No. s, where the attor-
ney for the plaintiff said he would call for
trial when he could find certain papers IN the
case; they were lost and had been for year
or more. The court ordered new ones to be
supplied within a week. In No. lG motion
was pending for new trial; the attorney ask.
ing for new trial came forward and said, n
am satisfied we ought not to have q new
trial. and requested the court to override his
motion. One Of the Jacksons was interested
in the case. In No. "a Blake WAS down for
one ty and Mcloney for the other. Meth.
err was present but the presumption was
that the present partners in the firm OF
Blake & Moloney would adjust the matter
between themselves.
During the first day OF the term Judge Gil.
bert examined and approved the bonds of the
several county officers, as well as those OF
about 20 constables and like number of
justices OF the peace. The first case for trial
by jury was called (the People v. SeJetta, bas-
tardy) and occupied the attention Of the
court until Thursday afternoon. The Jury
were out several hours and finally returned a
verdict for the defendant. Yesterday morn.
ing States Attorney Brewer moved for new
trial, which was argued at length by himself
and A. j. OConor for the prosecution and
Willard Gentleman for the defense. The mo.
ton was overruled and thereupon an appeal
was prayed and granted to the circuit court,
but at the same time In the absence Of any
law upon the subject the court held that he
could not remand the defendant to Jail to Sc
cure his attendance when the appeal case
came up for trial. During the wrangle
among the attorneys that ensued the facts
were developed that this is the first instance
in the history Of La Sale county, at least,
where the defendant in suit Of this nature
has been acquitted; also that when an &C.
quttal is secured the prosecution has q right
to appeal, but no provision is made for Sc
curing the attendance Of the defendant; that
his bondsmen are virtually discharged hsv.
ing fulfilled the conditions thereofin produc-
ing him in the county eour!, nor can they be
held in case an appeal is taken. So far as is
now known this is the first case OF the kind
and it may deyelope some new points of law
and establish precedent. At any rate Sc
BETA was released from custody and from all
bonds and may use his own discretion in ap-
pearing before the circuit court.
Wm. McGee, aged about 6S years, for the
past thirty years q resident Of Utica, died at
the county house yesterday, where he has
been for the past four months. He wss well