Omaha daily bee., 1884-11-12
CIVIL AND CRIMINAL.
ChaStS Trial 10 Begin To-day With
Guthrie a States sWitIRSS.
An Application Tor an Important
Restraining order to he Made
in the L. 5. Court.

In tho United States court yesterday,
circuit Judge Brewer eat alone, district
Judge Dundy being unable to be present.
The time of the court was occupied in the
hearing of motions and demurrers Judge
Dundy will be in attendance upon court
this afternoon and will empanel the
grand jury.
This morning John G. Orrlck, of the
firm OF Noble and Orrick, st. Louis, for
his client the Pacific Express Co., will
make application to the court for tenn.
porary restraining order against the Han
nibal Il st. Joe and the c. b. S @. rail-
roads. 1t appears that the Hannibal Il
st. Joe railway, now owned by the O. b.
n Q, has been carrying the business of
the Pacific Express Co. for some time
past. A short time ago notice was aerved
upon the Express Company by tho rail
way officials that the Hannibal Il st.
Joe company would no longer carry its
its business after Nov. 10Th. To prevent
the enforcement of this notice the applica-
ton is made, the express company by its
attorney taking the Wow that the defend
ant is common carrier, and as such is
bound under tho law to do their business
upon the payment of reasonable com.
pensation for such services. Tne princi-
pie involved in this case has been decid-
ed in the Southern express and Adams
express companies cases, by Justice
Miller, when it was held they could be
compelled to carry the business of the
express companies. AS has been said the
application for the restraining order will
be made here, and should 1t be granted
the petition will be filed Immediately in
the circuit court of the eastern district of
Missouri, where it will be tried upon its
merits.
The action of James +. johnson
against the X, c., st. Joe Il G. B. rail-
ways for $25, 900 damages, personal in
juries resulting from railroad accident
at Corning, Holt county, Missouri, was
yesterday removed from the district court
of Otoe county to the U. S. circuit court,
on petition of the defendant railway,
DISTRICT COURT.
The jury in the case of Mount against
Steele, Johnson & Co. returned YER
dict last evening of $75 90, damages
sustained in the payment of attorney
fees.
This morning the case of the
state against ex.Mayor Chase for
bribery will be called up and
the trial proceeded with, Many of
the witnesses have been subpoenaed.
Yesterday afternoon Deputy Sheriff
Crowell went to Lincoln and will return
this morning with ex.Marshal Guthrie
who will give testimony for the state in
the coming trial. 1t is thought much
time will be consumed before any tesi.
mony will bs adduced and it is expected
several venires will be exhausted before
a full panel of jurors will be secured.
Judge Neville will preside over tho trial.
Suit was begun by Mrs. Sarah j.
Trout against the city to recover the sum
of $500 damages allowed to have been
sustained to her property by reason OF
the change of grade of Sauuders street.
POLICE COURT.
The case of the city against Joe Cor
man, who was provoked into assaulting a
policeman in front of Homan's barn,
some two weeks ago, and who called into
requisition at that time the use of words
forbidden to be publicly spoken, was
tried by jury, the charge being the use
of obscene and profane language. The
defendant was found guilty and was fined
$40 and costs Not being able to pay
his indebtedness to the municipality, A.
E. Coggeshall, one of the iurymen, be
came security for its payment.