Omaha daily bee., 1888-12-19
tue HEART OF LINCOLN.
Involved In the Decision IN the Case or
Young We. DnpnIrnn.

Involved In the Decision IN the Case OF
Young vs, Deputron.
In the case of Rowcna Young against John
c, De Putrou rs an appeal to the suprcmn
court in q emotion for judgment upon special
findings of fact Judge Brewers opinion
was delivered. In brief the causes Of appeal
were as follows: On December 10, 1859
Jane Y. Irwin obtained a patent from tho
United States. August Q, 1867, she decided IL
to one, William Il. Young, who on February
3, 1874, rcconvcYcd 1t To William Irwin, and
on June II, 1854 il was conveyed by Irwin to
complainant.
Against this chain Of titles dcfaudent urges
certain claims, namely: A judicial sale May
~, 1877; u Judgment rendered in the district
court of Lancaster county against Jane Y.
Irwin, and several other tochnical points are
introduced by the defendant. The princi-
pal points upon which Judge Brow
cr's finding il based, are defective tax
titles; absence of proof of actual and exclu.
sivo possession for ten years, and an indica-
ton that the possession was always a matter
OF dispute.
"Under these circumstances,n SAYS the
court, "the deeds being void upon their face,
and not coupled with ten years open, notori-
GUS, exclusive and adverse possession this
defense fails. Judgment is therefore to be-
entered for the plaintiff. The case of Row
eua Young VS. Harriet Leighton ct al, aud
Rowena Young VS. Lincoln Driving Park as
ISOLATION will be governed accordingly and
the same Judgment entcred.' Upwards of
100000 worth of property was involved in
this appeal. and III the heart of Lincoln in
this state.
Anna Lin au elderly looking m was
brought before Judge Dundy yesterday after
noon, charged with selling liquor and cigars
at Fremont, without a government license. "A
jury acquitted her.
The application for the production of wit.
nesses for the defense AT the public expense
in the case of United States VS.. Elswick was
refused by Judge Dundy.
AT three O'Clock yesterday the jury in the
Hubbard case returned "a verdict of not
guilty.
The case against A. II. Ellswick for send
| ing obscene letters through the mail occt-
pied the attention of Judge Dundy and a
jury yesterday afternoon. A witness for tho
prosecution named O'KImebaugh, had been
supbUned ana failed to appear, The judge
issued an attachment for his arrest, Ut the
same time severely censuring the action of
witnesses who failed to be mt hand during
trial. The jury eventually acquitted tho
prisoner.
District Court.
After q elaboration of nearly fifty hours
the jury in the case of the Bank of Com
merce VS. Hart returned n verdict yesterday
morning. They found for the defendant
upon allthree points submitted to them.
The case of Bradford VS. q. S. Higgins, ct
al, resulted In a verdict for the plaintiff.
Judge Croft is occupied in hearing the di-
vorce suit of Durnell VS. Durnell. Failure to
support and cruelty are the grounds of ac-
ton.
The entire panel of the petit jurors was dis
charged yesterday morning by Judge Doane.
The next call for jurors will probably occur
about the first Monday in February, 1889.
Bernard Graus, the Garneau diamond
fence, was granted a new trial by Judge
Croft late yesterday afternoon.
In the divorce suit of Dennell vs. Dennell
Judge Croft refused TO make any order and
dismissed the suit.
In the case of Howell VS. Corbett, involv-
ing the question of a mechanics lien of Sl74,
Judgment was given by Judge Croft for the
plaintiff.
County Court.
Thoiury in the case Of Weber VS.. Klrt-
endall, Jones & Co. were discharged yester
day morning. After an all night session they
failed to agree. A new trial vii! therefore
be had.
The case of Beal against the Omaha cablo
company is before Judge Shields. Damages
for 81 200 are asked for by reason of %obstruc-
ton to plaintiffs business as Il groceryman
or Dodge and Tenth streets.
MIR. Martha Rounds received permission
from Judge Shields to dispose of ninety-siX
shares in the Omaha Republican company.
Tn value of these shares was stated to be
4 1880 and represents the entire interest OF
the heirs of the late S. i. Rounds in tho
company Of which he was president during
his lifetime.
Looking For Bribery
There was a short session of the legislative
contest committee at the city hall yesterday
morning, Cadet Taylor Of the Republican, and
w. Coombs, a colored worker at the Second
ward polls, being examined. Taylor was
asked to tell all he knew about the Nc
Shane-Paxton letter to the judiciary commit
tee of the house at Lincoln two years ago,
suggesting the killing of the anti-gamblirg
bill. Cadet didn't know much, or at least
the information he vouchsafed was irrele-
want and unsatisfactory. In his testimony
Coombs stated that he had been offered
$3.50 for every republican candidate
for the legislature he scratched off his bal
lots. He peddled tickets at the polls. He
said this offer was made him by democrats,
but their names are still forthcoming.
The two Investigations, this and the ono
before the United States grand jury bear a
good deaf of relation to each other, as both
seem working in the same lay, and both have
developed about the same series Of facts.
The contestants for seats in the legislature
claim that they are making the most crafty
ing Roadway, and that before many days
elapse they will unearth a mess of corruption