The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1889-10-26
From Thursdays Daily.

From Thursdays Daily.
In the cases of The People V. c., b.
SO, |. V. & N, and Seneca and Kan.
kakee railroad companies, brought by
MolOncy & Stead to recover statute
penalty for failing to file schedule
with County Clerk as required by law,
Sam'l Nicholson and Judge Eldrege,
attorneys for the railroads, entered a
motion to dismiss suit, baSing their
motion on the ground that no one eX-
cept the States Attorney or Attorney
General was authorized to bring such
actions and that having been brought
by a private attorney, Mr.. MOlOney,
they could not be maintained. Judge
Blanchard, to whom the cases were
submitted for trial, took the motion
under advisement, snd will decide 1t
when the causes come on for a final
hearing.
Postmaster Barber was on the wit
ness stand in his own behalf yester-
day, in the suit which Engle BENSON
brought against him. In July, 1888,
Benson was temporarily appointed
mil carrier by Barber, until regular
appointment could be made by the
Assistant Postmaster General. He
worked six months and then demand
ed his pay, one hundred dollars. Bar
Der wrote to the POStOtfice Depart
ment about the matter, but before it
could be adjusted Benson had begun
suit. Barber testified to the above
facts, and that he merely hired Ben
son while acting in the capacity of
representative of the United States.
Benson and two of his friends were
the witnesses who confronted Mr..
Barker. They are all Norweglans, and
all swOre alike, their testimony being
that Mr.. Barker had guaranteed Ben
son his pay. At this the jury brought
in a verdict for Benson and Mr.. Bar
ker is asked to pay his hundred dollars
because the surplus in the United
States treasury is getting low! Mr..
Barker has not as yet definitely given
out what he intends doing but will
probably appeal to the Appellate
Court.
The jury in the case of M. N. Arm.
strong VS.. the Stockholders of the
defunct MillingtOn Enamelling Co.,
brought in verdict yesterday morn
ing of no cause for action. This de-
cides that Armstrong did take the
property of the company in SatiSfac-
tiOn of the note for 50, 200 and that
the property, in the minds of the jur-
Ors, was of sufficient value to satisfy
the Indebtedness represented by the
note. 1t was surprise party to the
plaintiff, who had expected verdict
for portion of the amount claimed.
Judge Blanchard handed down a
decree of divorce in the Carpenter case
yesterday afternoon, granting Nellie
A. Carpenter divorce from Chester
K. Carpenter, her husband. She mar
ried him in Earlville on June TO- 1885,
and they had not lived together a year
when Carpenter began abusing her.
According to her narrative, filed in
September last, he soon became hard
drinker and developed slow, vicious
and vulgar habits" using foul and
obscene language toward her when
drunk, condition which she alleges
he succeeded in maintaining for near
ly two years. He committed adultery
with Miss Morrison at the village of
Earl, and with other lewd women at
Mendoza and Chicago. The Court, in
granting the divorce, finds the facts,
as alleged in the bill, to be true.
Mrs. Elizabeth II. Swaney filed her
bill of complaint in the Clerks office |
last evening. She explains that she |
was married to William j. Swaney on
April II, 1884, in the city of Joliet.
From the time of their marriage until |
he deserted her in September, 1886,
she supported herself and contributed !
toward his keeping by her
own labor. Two children were born
to them-JOhn, now aged four years,
and Frank, three. She has supported
the children as she did their father,
and now asks for their custody and a
divorce from her husband, whom she
charges principally with shiftleSsnesS.
Mayo & Widmer represent Mrs. Swa-
ney.
In the estate of Samuel Wilson, will
to probate. In the estate of
Lewis Werling, claim of Chas. Scope
In the estate of Henry Farm
helm, report of private sale of personal
property approved. In the matter of
Catherine Matern ct al. (minors,) re-
port of accounts approved. In the es-
tate of Alex Rowe. claim of Jas. l..
Rowe allowed. In the estate of Jere-
miah Wood, an order to distribute
funds in the hands of executor. In
the estate of Joseph Swift, Nov. LIST
set as day of final settlement. In the
estate of Andrew Quigley, order for
sale OF real estate to pay debts.
County Court.
ID 4 To- |