Wichita eagle., 1888-07-27
TIE COURTS
ANOTHER DAMAGE SUIT.

ANOTHER DAMAGE SUIT.
Richard L. Merkle yesterday through
his attorneys, Houston s. Bently, brought
suit against Chas Sullivan, George Stein
meter and j. S. Landes, claiming S25,0O0
damages for the imprisonment to which
he has recently been subjected by the de-
PENDANTS. The cause Of the suit is thus set
forth in The plaintiff S petition.
The defendants on the 23rd day OF
July did maliciously wantonly and
without any probable cause therefore,
cause the plaintiff to be arrested and con-
fined in the county Jail by there and then
maliciously requesting and employing one
L. NJ. Hull, notary public, to issue void
commitment commanding the sheriff 10
keep him in custody until he should an
swer certain questions specified in said
commitment. And by virtue of said COM
mitment the plaintiff was confined in the
county Jail for three days. On the 25Id
day of July, the said plaintiff had appear
ed under subpoena in certain action
pending in the District court. wherein
Steintmetz and Sullivan are plaintiffs and
the Steinhauser-Merkle Supply company
are defendants, before L. NJ. Hull and there
to testify in behalf OF the plain
tiff During tire taking of SAID
dispositions this plaintiff under advice of
his attorneys was sworn and refused TO
answer certain questions propounded TO
him by Sullivan a. SteinmetZ, for the rea-
son that they were incompetent and lrrele-
want, and for the further reason that the
plaintiff was a resident of said county and
did not expect to leave or change his place
of residence and expects to be present at
the trial of said cause and That no issue
will be raised by defendants in said case
except by the answer of the defendant to
the petition filed in said cause Plaintiff
further states that no issue will be raised
in said cause by the defendants therein
other than the pleadings. On the oath
day of July writ OF habeas corpus was
issued from the probate court and II was
| by the court found that the Imprisonment
was Illegal and void and the paintitf was
| thereon discharged and restored to his
| liberty.
! PROBATE COURT.
! Marriage license was yesterday issued by
Judge Thomas to the following persons
| George B. Stockert and NJ. j. Young, both
of Wichita
Claims of Harvey against the j. W.
| Lamb estate, and of Green and Thomas
| against the same allowed.
POLICE COURT.
A. Fleser for being drunk was called
upon to pay s.; be responded promptly
and was dismissed.
Ira Moore for an assault upon little
boy named Kennedy paid So
John Fl arvey another drunk arrested thu
night before. was brought in court aga 4
Yesterday morning. He paid =, execution
of the remainder being suspended for ;
few days.
| JUSTICE COURT,
At Justice Walkers. State VS.. j. NJ
Miller came up for trial. but by consent o
the parties was continued until Angus
End.
The case of the boys who broke int
High g. Alexandre's store on Eas
Douglas was. too, up for hearing befor
Justice Walker but was likewise contin
ued until August 4th. But two OF tn
lads, England AMI Foster, have yet beef
arrested, Howard managing so far t.
keep his whereabouts unknown.
At the other courts the time was mostl'
spent in the hearing of civil cases, tn
usual number of which came up for dis
position.
on WRIT OF HABEAS CORPUS.
The case, State VS.. j. z. Rutherford ant
j. B. Cross, which had been for some tim
postponed in the district court, was takel
up Yesterday before Judge Thomas OF til
probate court The defendants were tn
two men accused of attacking the coioreI
man on the motor as they were returning
from Eldridge's park some time ago. Tn
application for the writ was made on tn
ground OF mistaken identity as TO one o
the defendants The bonds of the prison
ers were reduced from 81 900 to 500, ant
the motion itself was taken under advise
ment.
| GOOD TINE ON NORTH MEAD.