River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1890-12-18
Proceedings of the Circuit Court, De-
cember Term, 1890.
IcoNTISUED.

cember lerm, 1890.
[ooNTINUED.
Stephen l.. Guest VS.. The Town of Rock
Elm. Tried by jury. In July, 1889, the
plaintiff was driving east over the public
highway between sections and is in
the town of Rock Elm in cart. the near
or left hind wheel of which struck the
end of log at an angle in the road and
threw him out onto his horse and right
thill of his cart. the horse running away
with him and dragging him some dist
ance, cutting his lip, bruising his neck
and back and otherwise injuring him, for
which he claimed $500 damages. 1t APP
peared from the testimony that the road
at the place of the accident crossed
ravine, or dry run, which had been filled
with logs to form bridge, or crossing;
that the approach to the bridge from the
west was down a hill which angled to the
south and then angled to the north as it
entered upon the bridge; that logs had
been placed across each end of the bridge
to retain the earth with which the bridge
AAet0 bOCh NONNANdt NAetS wv Ao6 VA viz
south end had partially rotted away and
a square timber had been recently put
across the bridge to replace it; that the
log en- the north end of the bridge pro-
jected onto the bank three to five feet at
the west end of the bridge; that the log
was eight to eleven inches high, that the
north wheel-track ran close to the end of
the log, so close that the end of the log
was marred and battered by the wheels
running onto it; that the road-bed oppo-
site the end of the log was seven to eleven
feet wide; that the plaintiff was driving
at moderate trot when his wheel struck
the log; that his attention was directed
to the timber on the south end of the
bridge which was new to him. The court
ordered view of the scene of the acci-
dent though there was testimony that
the road had been worked and widened
and the approach to the bridge straight
ened 50 as to materially change the APP
pearance of the grounds. The view was
made ON Thursday afternoon and the
evidence closed and the case summed up
by counsel and submitted to the jury ON
Friday afternoon. The jury after being
out some time returned verdict of "no
cause of action" Motion to set aside the
verdict overruled and stay of execution
for sixty days entered. J. w. Hancock
and II. III. Start for plf.; Smith & Van
malta for defendant
State of Wisconsin VS.. Jos. Z. Mooney.
Tried by jury. Defendant was charged
with an assault with intent to commit
rape upon his step-daughter, a little girl
eleven years old, her mother having died
about year before the offense was COM
United. The defendant had a house
keeper-a Mrs. Preston, who with him.
self and four small children comprised
the family. The evidence disclosed
state of drunkendess and depravity which
is hard to believe could exist in a civil
lied community. Yet we meet these
moral and physical wrecks almost daily
human beings who have no control over
their appetites or passions-but it is not
till they commit some crime that shocks
the moral sense of the community that
they arrest attention. Our excise laws
if strictly enforced would prevent such
persons from obtaining that which de-
grades them below the brute, but the
advocates and supporters of the existing
excise laws wink at and palliate their
daily violation while the more ardent
advocates of temperance in their zeal to
place upon our statute books more strin-
gent laws, hold up the existing laws to
the contempt of the community, while
they make no attempt to enforce or to
foster respect for them. Is it policy
under any circumstances to tolerate the
violation of law? According to the evil
dence, here was an habituai drunkard
going home to a family of orphan children
repeatedly IN a state of beastly intoxica-
ton and no one interferes till shocking
crime is committed. The case was sum-
med up by A. Combacker and G. Smith
on the part of the state, and by Capt. X.
Ii. Start for the defendant. The jury
returned verdict of guilty of the Of
Tense charged" and the court sentenced
the defendant to two years imprison-
ment at hard labor at Waupon. A. Com
hacker and c. Smith for state; ]. w.
Hancock, Capt. Start and c. Ii. Crown
hart for defendant.
State of Wisconsin VS.. John Mccain.
Charged with embezzlement. There had
been no information filed in this case.
The district attorney filed statement of
his reasons for not filing an information.
State OF Wisconsin VS.. Hans Anderson.
Charged with assault and robbery. Case
not moved.
Joseph +. Mooney VS.. III. q. hammers.
Case dismissed ON stipulation. c. III.
Crownhsrt for plaintiff. A. Combacker
for defendant.
Hans Heggin VS.. Hudson Lumber Co.
st. Croix Co. case, ex parte, Tried by
the court. Judgment for 1870 for plain
tiff. r. II. Start for plaintiff.
Henry Meinke VS.. c. K. Schacht. Tried
by jury. The plaintiff in this case sued
to recover for note sold to defendant
The defendant claimed that he only took