Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1890-12-11
LEGAL MACHINERY MOVING.
The Trial Of Jury Cases Conn
nlellccd on the Opening
Day.
Fire Department Money Case
Now Being Triel-GOOtl-
man Gets Damages.
The Ceremony of Blessing the
st. JOINTS Academy Occurred
Monday.

Monday.
Tho December term of the district
court opened Monday morning. The GALE
dar is It shott ono and the term promises
to be the same. There are but 81 cases
on the calendar and only II of them are
new causes. The grand jury Is dispensed
with, there not being enough criminal
business in sight to warrant this ex-
pensive luxury. The preliminary call of
the calendar showed that it is burdened
with considerable dead wood. Many of
the cases have been referred and quite
number will be dismissed. There are
about a dozen jury cases and number
of important court cases.
Among tho new cases Of public in
terest is that of Geo. A. Bennett agalnst
tho Northern Pacific railroad company.
This is personal injury case in which
action IS brought for $1,000 damages
The plaintiff is Il railroad man, residing
here, who was caught between the cars
and smashed in making a coupling. An
other case is that Of the old and new fire
companies for the $500 of fire depart
ment money which has been III contro-
versy for several years. The money is
now in the hands of the clerk of the
court. This is Il jury case which VIII
probably be tried tomorrow.
The following is the petit jury as
drawn. All answered to their names eX-
cept Mr.. Kearney:
James Fergus, Vim. Derby. John
Comber. Chas. Ellis. Richard Galnsforth.
John 3. johnson, Alex Esler, VIM. r.
Melvin, II. w. Cowan. Peter Garrigan.
JAS. E. Herbert. Malcom Sinclair, John
Heisinger, 4. Bischof, Peter Fried, A. l.
Warren, James Sharlow, r. G. Barrett,
q. I. carney, G. R; Flint. Martin Van.
Derheuval, NJ J. Villors, J. H. Cooper,
Joseph Feldhausen, Z. J. Jones.
John E. Vennnm and Nj. ]. Barrett
were appointed ballitfs.
The petit jury was excused until at
ternoon when it is expected that a jury
case will be ready for trial.
Business moved along SO expedltiously
at the opening Of court Monday that
the trial Of jury cases was commenced in
the afternoon. This is believed to be
the first instance IN the history of the
county where the trial of jury cases has
been commenced on the opening day,
and augurs we'll for the prompt dispatch
of the business OF the term, which, Judge
Rose thinks, will probably continue
through this week and next
tuo o'oICol- 1.ac%or1,,. ~, ,,,, ~
David Goodman VS.. II. H. Schmitz, ct al
was called, jury cmpaneled and the
trial of the case proceeded with. l.. II.
Hamilton and e. w. Camp appear for the
plaintiff and S. l.. Glaspell for the de-
PENDANTS. The case is one wherein the
plaintiff sues for 81 800, damages because
OF the alleged wrongful seizure by the
sheriff of a quantity of goods belonging
to what was known as the Crum grocery
stock. of which stock plaintiff had bill
of sale. S. S. Altschul as the party who
swore ont the writ, and Sheriff Schmitz
as the officer executing it, are the de-
PENDANTS in the action. At this morn
ing's session the case was dismissed as to
Altschul and is still proceeding this
afternoon against Schmitz.
Tho trial of the case of Goodman vs.
SchmitZ occupied all of Tuesday at the
district court. The case was given to
the jury at five o'clock and court ad-
journed until this morning. The jury
soon reached an agreement. finding for
the plaintiff and against the defendant
Schmitz, and fixing the damages at 500
With interest at per cent. from June
10th. a sealed verdict to this effect
was returned and read at the opening of
court Wednesday morning.
The case OF the state OF North Dakota
eX rel Geo. c. Eager ct al VS. City of
jamestown and a. Nj. Hals,ead ct al,
was called and the following jury en-
panelled: e. Bischoif. Chas. Ellis. Geo.
A. Case, VIM. Derby, Peter Fried, John
Comber, James Fergus, NJ. Sinclair, M.
Van anDerheuvel, A. l. Warren. NJ. J.
Villers. and Alex Esler Z. w. Camp
and S. l.. Glaspell for the plaintiff and
Fredrus Baldwin for the defendant, are
the attorneys in the case. The question
at issue IS the disposition of the $500 of
money donated to the jamestown fire
department by the territory, under an
act of the territorial legislature for the
encouragement Of volunteer fire depart.
ments in cities. Both the old company
and the new one have claims on the
money
After the jury was empaneled it was
agreed to make the case court case and
the jury was accordingly discharged.
There are number Of intricate points
involved in the case which is said to be
one OF the knottiest that has arisen here
for some time. The case is still proceed
ing this afternoon.
Mrs. klapp's Musicale.
! Mrs. F. Klapp gave her twelfth musi-
Gale Friday night. The program was a
luxuriant and varied selection from the
works Of the great musical laureates
and was finely graded SO as to bring out