St. Paul daily globe., 1889-04-09


Simons. Four o'clock was the hour
that the venerable judge and his wife
were to board the train which should
bear them toward the Pacific coast.
The courts having been adjourned at
noon, all the judges came together early
in the afternoon to meet the venerable
julist before he should embark upon his
journey. AS the judicial dlgnitaries
clustered about their colleague, there
seemed to be an air of sorrow among
those to whom the departing judge bade
a long farewell-possibly last adieu.
The company went down to the 4
O'Clock train together, and after much
handshaking the train moved off, bear
wife, accompanied by the best wishes
of great host of friends. Judge
SimOns leaves to regain his health and
enjoy Well-earned and needed rest
after his many years of judicial work
and late illness. from which he has not
wholly recovered. He has held the
position Of judge since 1872, and is
earnest, conscientious and Just in his
work. 1t is the general hope and wish
of the entire legal profession that Judge
Simons may be restored to the Ramsey
county bench in full health and vigor.
/ NEW CASES.
| Among the new cases filed is that of
Charles Jones against the Northern Pa
cific Railway company. Jones alleges
that on Oct. IL, 1888, while engaged as
brakeman on the Northern Pacific rail-
road on train running between here
and its western terminus, through the
negligence, careleSSneSS and fault of
other employees of the road, and as the
train upon which he was so employed
was nearing a station in Montana called
Reeds Point, it collided with another
train then east-bound. The collision de-
rallied both trains, throwing Jones vio-
lently to the ground. infiicting painful
wounds, bruises and contuSionS upon
his body. His spine was so seriously
Injured as to impair its proper nervous
functions, and his left leg was so man
gled that it has become permanently
short, rendering him lame. Jones is
twenty-seven years old, and prior to the
accident he was robust and healthy
man, able to earn $40 per month as a
brakeman. He asks Judgment against
the Northern Pacific for $4,000.
Pursuant to garnishee suit brought
by Sigmund Hanauer against Julius
Abel. in which judgment for $500 is
asked, the firm OF Julius Abel, doing a
wholesale cigar business in a back
room in the Davidson block. corner
ooChoOu dlo IOui Ill StIcSlS. Hfdu6 Il
voluntary assignment for the benefit of
creditors to Charles Fantle. The stock
is estimated to be worth about $4,000,
and the liabilities it is presumed are
much greater.
FarWeil, OZmun, Kirk & Co. have
filed an attachment suit against the
Grand Trunk Railway of Canada to re-
cover S150 for damage to tin plate while
in transit.
In the case of Charles M. Wilson
against ID. M. Sullivan, Judge Kerr
overruleS Wilson's demurrer to SulIi-
vans answer.
The case of Charles j. Berryhill
against Mark l.. Potter, an action to
quiet title to lot "a and west one-third
of II and IL, block 5, st. Paul Proper,
tried before Judge Villas, was yesterday
taken under adyisement.
A special venire of seventy-fve petit
jurors was issued out of the district
court Saturday, returnable this MORN
ing at 10 o'clock.
; ATTORNEYS LEFT IN THE LURCH.
The much-abused subject, 1.-The sale
0fe the steamer Ruby, in admiralty
took On new phase yesterday. After
the efforts of the attorneys had been
spent upon the court, the Judge, for
good reasons, decided the case against
them and affirmed the sale of the
steamer. He also ordered the clerk of
the district court to distribute the pro-
ceeds of the sale among the creditors of
the boat, not to the proctors of such
creditors. as has been rule in such
cases. Yesterday all the libelants
lo3med up before Clerk Spencer and
demanded their money. The CLERK pro-
ceeded to make out the checks
to, the creditors, when the at
torneys also put in an appear
ance and asked why the money
was not being paid to them, instead of
directly to their clients. Because the
court so ordered it, was the reply of
the clerk. This, in the opinion of the
attorneys, was an outrage. Turning to
his client, Attorney Mccarthy asked
him to indOrse the check he had just re-
ceiyed over to him (McCarthy) so that
he could take his fees out of it. To
this Jeremy replied: Use give re re-
ceipt to the clerk, and now have
re mOnee; | say, au reyoir.'
The April term of the United States
district court opens at 10 O'Clock this
morning. Judge r. r. Nelson will pre-
side, and the hearing of criminal cases
will probably be taken up first. The
calendar is not unusually large, but
composed mostly of cases of treSpaSS
upon government land and cutting tim
Der thereon, and selling liquor to Indians
without license. The venire consists
of fifty jurors, all of whom will report
at the United States court room at the
opening of the session.