Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1884-03-20

Clementson act as chairman of the meet
ing. Motion seconded.
JUDGE CLEMENTSoN-Mr Chairman.
| shall have to decline, as it NAV be
impossible for me to remain during the
meeting.
MIR. BARLow-I would nominate Hon.
Geo w. Ryland as chairman. Motion
seconded
Hon. G.. W. RYLAND-Mr. Chairman,
must decline to serve
as | might say some
thing improper and
it would be reported
and get into The
GRANT Co. HERALD.
Col. CLARK-Mr. Chairman, | move
that I. f. Baldwin be elected chairman
of this meeting.
Motion seconded and adopted. Mr..
Baldwin, on taking the chair, thanked
the meeting for the honor and at the
request of some gentleman present an
nounced that the meeting would nom-
mate a Mayor, four Aldermen, Super
visor and Justice of the Peace.
Mr.. BARLow-Mr. Chairman, move
that the old Board be re.nominated.
Motion seconded.
MIR. STREET-Mr. Chairman, before
that motion is put, would like to in
quire whether the old Board will serve
if re-nominated. | understand that Mr..
Thomas will not serve.
Mr. HoLLowAY-Mr Thomas has
SAID that in case the old Board was re-
nominated he would serve. | was so
advised to-day.
Col. CLARK said he was elected Su-
pervisor last year so as to enable
him to finish up the county asylum
business then ON hand; and hav-
ing finished his, work declined re-
nomination, and moved that Mr.. Hol-
loway be nominated for Supervisor as
well as Mayor. This he offered as an
amendment to the motion, which, on
being seconded, was adopted.
This business being concluded, the
Chairman inquired if there was any
further business before the meeting.
Mr.. HoLLowAY-As | have been re-
nominated to the Office of Mayor,
would like TO have an expression of the
feelings of the taxpayers in regard to
the McLimans suit recently decided
against the city, in the Circuit Court of
Green county. If Col Clark is here
would like him to give you synopsis
of the case.
Col. Clark Approached the Chairman's
desk and said that none of the city off
GERS, who were in office since the be-
ginning of the McLimans suit, ever had
any other idea than that the whole af-
fair was founded in fraud from the be-
ginning, and never thought it was
possible she could get a verdict against
the city. The accident happened July
Z, 1879, and nothing was done about it
until the following fall, when Mr..
Thompson, whom ven all know, pre-
pared and served the notice slSty- si4
days after the accident happened.
and the matter went no further for
some time. Barber d Clementson were
the city's attorneys for the case. /
knew it would be serious matter from
the first and wanted older and ADLER
counsel than myself to take@th case.
Mr.. Barber was at the head and Mr..
Clementson took no part until we be-
gan to get ready for the trial year or
two afterwards. At the time the ease
came on for trial Mrs. McLimans made
affidavit that Judge Cothren, then Cir
cult Judge for this Circuit, was preiu-
diced against her although she after
wards said under oath that she had
never had anything to do with him and
had never seen Judge on the bench
but two or three times in her life be-
fore-and asked for change of venue
which was granted and the case taken
to Green county before Judge Conger
The matter came to trial in March, 1882,
nearly three years after the accident
happened. | could not make the City
Council understand that this action was
dangerous one for the city, and wrote
several indignant letters to them. Mr.
Lewis called and told me that | need
not get indignant about the case be-
cause it was so outrageously fraudulent
that it would defeat itself, and that |
ought to restrain myself. Judge Gle
mentson and myself tried that case and
the trial resulted in verdict for the plain
tifffor 81, 600, which verdict was set aside
by Judge Conger, because twas excess
i've and plaintiff then appealed to the Su-
preme Court which sustained the ruling
of the Circuit Judge, but granted the
plaintiff new trial. Mrs. McLlmans
swore that she had been having medical
attendance for long time. She dis
charged her medical attendant the next
October and two years elapsed before
she again called doctor, just before
the trial. The Judge set the first iudg-
ment aside summarily and would not
hear us argue the case at all, and we
went to the Supreme Court which sus-
tanned the Judgment of Judge Conger.
Nine out OF ten men in this town did
not believe that Mrs. McLimans would
face the music at all when the case
came on for trial, because they did not
believe she was injured at all and did not
believe the city was guilty of any neg
ligenee. If she contributed by her own
negligence she could not recover. If
the city used due diligence in protect
ing its walks she cannot recover That
the city did use due diligence is proven
by the fact that they authorized Mr..
Ryland to work out portion of his
taxes in repairing that walk; this every
member of that Council will swear to
although there is no record of it. The
improvements were name on June 3,
4, ) and 6, as appears by the evidence
of Durand and Phelps. Durand swears
that on the 9th day of June, by his
books, every board was nailed fast and
tight; that he passed over it with ham,
mer and nails and made every board
secure That walk was in bad condi-
ton in the spring before the old Coun-
Gil went out. Mr.. Ryland had the old
walk torn up all across the bridge and
repaired the same. They worked about
a week ut it. Oryid Phelps swears that
he passed over it on the first day Of July
to see that Mr. Holloway, who was en-
ployed by Mr.. Ryland, had done the
work properly. Mr.. Holloway swears
| that he passed over the walk and where
it was in bad condition took out the bad
boards and replaced them. On the 4th
of July night next, some boys who
had been on an excursion that day, took
large stone and threw it on the walk,
causing slight break and depression
of one of the boards. This was seen by
Mr.. Mitchell, who had gone quietly
down there. Mr. Mitchell says that the
break was first made on the night of
July 4. The next day Mr.. Holloway
saw broken board 1t was depressed
two or three inches below the others.
Perk Green swore that he had walked
on that sidewalk for good many even
ings and saw no break He usually
perambulated on that walk with the
| lady he afterwards married. That on
/ the ni0ht of july z, he was ueramhu