Audubon County Republican. [volume] (Audubon, Audubon Co., Iowa) 1885-1894, 1889-11-21
In the District Court.
WOE Is AIR SAITH PLAINTIFF AND woEIs
ME SAITH DEFENDANT.

| Inc lucStlt ttlui Has pVSii oiit cSlct'
tally devoid Of public interest, with the
exception of perhaps half dozen cases.
Judge Deemer inaugurated the term by
striking from the docket quite mum.
Der of eases that have encountered 1t
during succeeding terms, assessing
costs to the plaintiff.
The case Of $. B. Miner vs.. Nellie II.
Case was one that aroused the sympa-
thies OF hearers. 4. B. Case was the
husband Of the defendant, but some
time ago abdicated the domestic throne,
leaving business affairs In mist of UNI
certainty. The chattels of the place
were mortgaged TO Miner, and In the
foreclosure no asked for the Ilolstien
cows, but the defendant claimed one
rs her own and that 1t was not included
in the mortgage. The jury rendered u
verdict in favor of the defendant.
The case of the state against Matt
Thielan for seduction was dismissed by
the court after hearing the testimony.
Amelia Bauer, the chief witness, had
received 1916 from Thielan for dam
ages and was reluctant to testify.
Sheriff Mallory is acting In that ca.
pacity for the last term of his official
career. His successor, Mr.. Armstrong,
is serving on tho trial jury, and very
naturally catching onto Mallory's way
| of doing business,
I Lenora Parrot was the fair CON-
plainant against John McNary tried
for bastardy. a verdict of guilty was
speedily returned. The piteous plain.
tivcnoss OF the attorney for the defend.
ant asking that they DO granted the
custody of " our child" ratified the dig.
nifty Of the court trinc, but did not
disturb his ideas of perpetuated justice,
rs was shown when he decreed that de-
PENDANT should pay the sum Of $l2O
year, payable quarterly, for support Of
the little one until 1t should arrive at
the age of fifteen years
W. L. Butler the official reporter who
accompanies Judge Deemer, is one Of
tho best In his profession, He performs
his work with apparent ease, though
the motion of his hand indicates that 1t
is propelled by heavily charged cleo
trio battery, and judging from the mo-
ton one would scarce expect to find
anything more than series Of KS In
the wake of his pen, with an occasional
dot and semi.circle casually thrown In.
But his short hand Is very accurate,
with all the delicate shading required.
IIe is especially quick and usually has
q sentence recorded while the sound Is
yet In ones ears.
Under an indictment found by tn
grand jury during its preceding session
Louis Il. Born was tried for fraudulent
banking. Mr.. Born Is of German ma
tiyity, but has been In this country
many years. lie received good edu.
cation and learned the trade of o ma
chinist, which occupation claimed his
attention during the years Of his early
life. Later he came west and became
a farmer, in which he continued until
the spring Of 1885, when he moved to
Extra and went into the Bank of Extra,
having formed the partnership Of Born
& Watson In the fall Of 1889, but whose
business Mr.. Watson exclusively man
aged until the airing Of 1885. Prior To
the time he won't into the bank Mr..
Born had no experience In such bust
ness, and upon representations of tho
affair TO be such as was shown by SUI
perhcial survey. From that time forth
he had but partial control Of the bust
ness and was ut no time thoroughly
posted as TO affairs. Not until the day
of the assignment, Jan. 10th, 1889, did
he realize that the firm was insolvent.
The firm received deposits after 1t was
insolvent, but 1t is shown that the de-
PENDANT did not know of that condition.
While his responsibility as q member Of
the firm is acknowledged by all, there
is nothing to show his intent to defraud
depositors. Indeed his whole conduct
contradicts the implication. lie has
made all restitution to depitors that 1t
was possible for him to make, and has
held back nothing which the law or his
creditors would wish him to turn over;
he has met face to face the embarrass-
ment of the unfortunate venture. The
calamity has fallen more heavily upon
him than upon any other associated
closely or remotely with the suspension
of the Bank. Mr.. Born Is now 81 years
of age, OF gentlemanly and honorable
conduct in general, and of venerable APP.
pearance. There is, so far as we have
been able to learn, no suspicion of
wrong doing or dishonest transaction
in his whole life-record, until the cloud
of this unfortunate affair overcast his
sky. A clear life record and restitution
Of every dollar of his belongings, to-
gether with tho faet Of his squarely
meeting the embarrassment, ought to-
convince all that Lois +. Born had no
intention OF defrauding depositors
while interested In the Bank of Extra.
The jury retired about3 o'clock yes
terday, and brought In verdict Of not
guilty at 1880. All friends Of law and
equity commend the verdict and con-
graduate Mr.. Born upon his acquittaI.
Anna Kibby was granted an order
for divorce from George W. Kibby, on
the grounds Of desertion.
The ease of Eldor & Mckinney
against the executors of the estate of
Chas. Stuart was COMMANDED last even
ing. The plaintiffs are commission
merchants OF Peoria, ILL.,, and have done
business for the firm of Chas. Stuart &c
Son since April 1887. They claim of
defendants aSil&G6 Stuarts claim
81 900 from plaintiffs. Hon. A. b. Cum
Minis of the firm of Cummins q Wright,
of Des MOines, appears with Nash,
Phelps & Green, for the defendant, and
IL. q. Curtis Of Atlantic. and j. M.
Griggs appear for plaintiff.
Court will adjourn on Saturday of
this week, though 1t will be unable to
complete the business,