Omaha daily bee., 1888-11-21
District Court.

road, in an action to recover SIS 900 damages
for injuries sustained while in the company's
employ as switchulan, has gone to the jury.
Trial has opened before Judge Doane in
the case Of Anheuser-Busch Brewing COM
pany against G. S. Higgins in an action to
recover payment for goods sold.
When Judge Croft opened the criminal
docket yesterday, the case of the state
against McCarger, charged with grand lar
ceny was called. County Attorney Simeral
stated that the defendant who was out on bail,
was in the western part of the state,
although aware that the case was to be
that his bonds be forfeited. To this the at
torncy for the defense took exception.
They asserted that although information
had been filed against their client they were
unable to obtain it, or to even peruse 1t.
They maintained that the document was not
deposited in the archives Of the courts, as is
customary, and not having seen the instru-
ment, they had no reason to solicit the at
tendance of the defendant. The county at
torney stated that the document containing
the information against McCarger was fled
with the clerk of the court, and was left in
his charge most of the time. Judge Croft
lectured the attorneys for the defense, and
warned them not to indulge in such a matter
again. The case was continued and the de-
sired instrument, containing the charge
against McCarger, was furnished his attor-
neys.
On the criminal docket the case of James
Bond, charged with robbery, was taken up
by Judge Croft.
The case of Beard against Wheeler, in a
replevin action before Judge Hopewell, has
gone to the jury.
The jury in the case of Joseph Deiss
against G. E.. Mayne, ct al, returned a YER
dict for 81, COZ in favor Of John Gully, who
was q codefendant in the case. The verdict
in favor of Gully was based upon the exist
ence of a mechanics lien on two Of the build
ings in litigation, and this supplanted the
foreclosure proceedings of Delss.
Lawrence O'Keefe has filed his petition
against W.. G.. Albright ct al, and claims
5000 damages for injuries received through
the defendants, alleged negligence while in
their employment and working on q sand
bank owned by Albright, and situated near
to the b. & M. tracks south Of the city.
James L. Niles has entered suit for the re-
covery of $3.50 and interest alleged to be due
him from. Erastus A. Tillotson, being money
due on two promissory notes.
Mrs. Callle Eastman, through her attor-
neys, Montgomery and Jefferies, sues for a
The parties were married December 16,
1883, and though Mrs. Eastman asserts that
she has always been a faithful, chasue and
obedient wife" on the 18th of January, 1886,
she was cruelty abandoned, and has since
had to support herself.
Contractor Hugh Murphy sues the City of
Omaha for the recover of IS, 953. II together
with interest at 7 per cent from Octo-
Der 8, 1888. The defendants refuse to
pay, so says Mr.. Murphy. The
merits Of the case are these: On the 5th Of
May, Murphy entered into a contract with
the city, by its mayor, council and board of
public works, to construct a certain sewer in
sewer district 81. The cost of the contract
was SIS, 045.40. Murphy has received sl9,-
O9l.63 on account and now wants the balance.