River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1890-06-19
Proceedings of Circuit Court.

otAtt W. n ". fusns dNHhuAt anu bhttGi3s
Nolled
State VS.. Frank Rossell; adultery. Nolled.
State vs. Edward H. Hill; burglary. Defend
ant arraigned and plead not guilty. Continued
for state.
State VS.. John semp: selling liquor without
license. Defendant paid fine and ecz.s imposed
in justice court and case discussed by consent.
State vs.. Joseph E. Money; assault with in
tent TO COMM rape The defendant plead not
guilty. Continued for def.
State vs.. VIM Kiesaw; grand larceny. Defend
ant plead guilty 10 the charge of horse stealing,
and being an old offender the court gave him s
years at Waupon
State VS. Frederick Huber. The defendant
was charged with assault with intent 20 kill
on the person OF Mrs. Gibbons ut the town of
Ellsworth. II appeared from the testimony that
on the night of the oath Of December last Mrs.
Gibbons, who was living alone in her house
about ~ miles southeast Of the village of Ellis
worth, was awakened about ten O'Clock by some
one driving up to her back door She heard
him say whoa" TO his horse and she inn
mediately arose and struck some matches.
There was a loud rap upon the door and she
asked -'who is thefe?n This was quickly fol-
lowed by another rap and an attempt to force
open the door. The door soon yielded and Il
man walked into the room whom Mrs Gibbons
recognized the defendant. Some words
passed and he seized hold of her, but she sue
ceeded ia freeing herself from his grasp and
escaped out OF the door and ran across the field
to Mr. Fitzpatrick's, about eighty rods distant
She called up Mr.. \. who had but just retired,
and he let her Ia. Taking his lantern Mr.. r
ran across the road 10 Mr., stattords and he ana
Mr.. 5. went down to Mrs. Gibbons house but
found no one there, but found buggy tracks in
in the back yard which they followed out to the
road thence north TO the school house; there
| they turned east and were subsequently followrd
| to the defendants gate. The defendant testified
| that ON the night OF Dec. "a last he came up to
East Ellsworth 10 get some toys for the children;
| that he got SO drunk he did not remember any
| thing after he started home: that he went TO
sleep soon after he left Ellsworth and did not
| remember anything until he was awakened by
| his horse running against the gate post at his
| home; that his wife came out and helped him
| put up his horse aud that he went out and fed
| the horse about one O'Clock. The testimony
| disclosed no motive for the assault, and after
some discussion between the counsel and the
court it was decided that the accused could be
| found guilty of simply an assault. The case
was submitted to the jury without argument BY
counsel and the jury returned verdict Of
| guilty Of an assault aud recommended him to
| the mercy of the court The court sentenced
| defendant to sixty days imprisonment i'll the
| county jail
State vs. Philip smith; selling liquor without
license. This ease was tried in justice court and
| defendant fined $50 and costs, from which he
/ appealed. The Dist. Attorney filed an lnforma-
/ ton to which defendant plead not guilty and
the case was tried by jury. The defendant was
charged with selling beer on July 4th last at the
/ town of salem. bowery dance was gotten up
/ by the brothers of defendant near Hurberti in the
town of salem to celebrate the 4th OF July. they
1 furnishing the refreshments among which was
/ liberal supply OF beer and whisky. W. E. Rand
| and his brother Burden Rand attended the cele-
| bration. W. E. Rand testified that he and his
| brother arrived on the ground about one or two
o'clock; that soon after their arrival he went 10
/ the booth OF the smiths and called for two
| glasses of beer for himself and brother, which
/ were given to them and drank there, and paid
| for by him. but he was not sure the beer was
| given to them By the defendant. Ills brother
| Burton testified that the beer given to them
| by the defendant and that defendant took the
pay for it, Clarence Lawrence testified that he
| was standing by the booth and saw defendant
| draw the beer for the Rands deliver ii to them
aud take the pay for it. six witnesses were
| sworn on the part of the defense, all of whom
testified that they were ON the ground and in the
| vicinity OF the booth where the liquor was sold
and at or about the time the state witnesses tes-
tilted to the purchase of it, and they did not see
| defendant inside the liquor booth during the
| afternoon. Some of them saw him helping to
| get stove into the vietualing booth and also
saw him carrying pies and viotuals TO the
| yietualing booth. The case was summed up BY
| Judge Hancock and r. d. Pierce for defendant
| and Combacker and Smith for the state. The
| jury after being out a short time returned a
verdict OF guilty and recommended the accused
| to the mercy of the court. The court sentenced
defendant 10 pay line OF $50 and costs and gave
| him till the September special term 10 pay it.
| T. b. Holmes VS.. Abbie :. Cairns order of
| discontinuanee entered.
| John +. Johnson vs.. Gilbert Forsyth. Discon-
| tinued.
| IL. s. Miller vs. Sven Younggren. Settled.
| Meta Forsyth VS.. H. 4. winger. Continued.
| NJ p. Hustng VS.. Frank Rosenberg. Referred
| TO J. W. Hancock.
| {. d. Barringer vs.. VIM. Wells. Continued.
| Z. II. Currier VS.. S. j. Icaley. Referred to {.
| A. Cross.
| VIM. Miley VS.. Joseph Reichart. Settled.
| Geo. l. Backus ct al. vs.. Michael Harris ct al.
| Motion for judgment on the pleadings. Judg-
ment entered.
| In case of matter of will Of Hattie Boutwell,,
/ Calvin Lewis, prepayment VS.. E. a. Boutwell,,
1 contestant Tried at the December term and
taken under advisement by the court Judg-
ment rendered in favor Of contestant, setting the
/ viii aside.
| Hans Rollofson vs.. Arne Thorson. Tried at
/ the Decembe term and taken under adyisement
= e MIA init
the court holding that the road was upon the
| quarter line where it was originally laid and
not along the line of the travelled track, a por-
| ton of which was on or north OF the north
boundary line of said highway.
Peter Olson VS.. J. W. Chinook. This was the
first case tried by jury The action was brought
| by plaintiff to recover pay for labor done for
defendant. The evidence showed that plaintiff
had agreed to work for defendant for months
at $50 per month; that he had worked about
months and drawn part of his wages and then
| quit work. Defendant refused to pay on the
| grounds of a breach of contract. Plaintiff testi-
| fled he quit defendants employ because defend
ant had used abusive and disrespectful Language
| to plaintiff on the evening before he quit work,
which was contradicted by defendant and two
| other witnesses. The jury composed mainly Of
| farmers returned a verdict for the plaintiff for
| S59.S3.
Frank Till VS.. c. A. Hawks. Tried by jury.
| Defendant failed to appear and his attorney
made no defense to the plaintiffs proofof claim
and the court directed verdict for plaintiff
| for s50.25.
f. II. Ives VS.. VIM. Meier. Tried by the court.
Action to recover damage for tearing down
| fence erected by plff. across ravine through
which a road is claimed TO have been laid in
! 1862 and used as such since that time. The road
| in question is located i'll Oak Grove and known
as the road to Fitzpatriek's Landing on the Mis-
sissippi river, aud has been used by the farmers
in that vicinity to haul their wheat to the land
| ing TO be shipped in barges down the river, and
| also to haul wood to the river and water to the
| farms on the high lands by the farmers who
were so unfortunate as to have no water on their
farms The question involved being the exist
ence of a road the case was tried by the court
| and taken under adyisement
Samuel II. Lewis VS.. Sarah A. Rollin ct al.
Judgment of foreclosure for plf.
John Peisch vs. Pauline Peiseh; divorce.
Judgment for plaintiff.
Walter seeley vs.. Ella seeley; divorce. Appli-
| cation for Judgment Withdrawn with leave to
renew at September special tern.
Annie wylie VS. Gilbert Wylie; divorce Judg-
ment for plf.
Ellen Valentine vs.. Vim. Valentine divorce.