The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-04-05
THE SUPERIOR COURT
Trial Of the Ferguson Ryan
Injunction Case.
4 FURNACE THIEF ACQUITTED.


10nDoe Toner'S HOuth boved HIM rroA
~ Penisentissy- Three Cfvn Cases
Heard-New salts.
The suit Of David Ferguson against Lacy
4. Ryan was resumed before Judge Lich-
tenberg yesterday morning, and occupied
ID day. The arguments were principally
q ouestions Of Law. The court declined to
lccids the question Of title 10 suit IN equity
~ q Injunction. The question Of title Is
= = fsisd - m action II law. Regarding
~. TIE defendant claims that the title
~ mere Incidental matter In this suit
nrd could not be decided unless by consent
q both parties The defendant declined 70
consent. preferring to try title 70 the prop
og1y in . regular action. The restrsiniug
ordes which IS In force. Judge Lichtsnherg
ordered continued until settlement OF the
e1her question. which it il understood will
b txied at once.
JUDGE STATIONS pgrARrMEsT.
II Jndgs 6traston's department three
lIGbssut suits were brought up.
4 suit against the Seattle Insurance
Company, commenced by John schleis-
lnees on trial before jury. resulted in .
verdict for the plaintiff Of 81 500.
This Was an action brought for tho re-
ccveSy Of 800 insurance money On =
hullding OF Schlsisinger's on Jackson
e(roet, near South Third, which was de-
nroyed In the fire OF last Jun3
The defense claimed misrepresentation
= fhs part OF plaintiff a. TO the ownership
e ths ground on which the building stood.
~ fnrther. that tho policy was not made
paytbis to Schieisinger. bat 70 the First
National Bank.
Testimony Of the plaintiff showed that
- application In which the alleged mis-.
euoeessntAtions were set forth vas not
aened By plaintiff. who. In fact. declared
~ II nsvsr saw Il. The Jury found for
plnjrtj6 - hefors stated.
he suit Of Thomas Tilley against Emily
Knight fof an alleged fraud IN . land trsns-
scion In March last, was tried before the
eouFt, jury trial having been waived BY
~ attorneys. Briefly stated, the case Is
one wherein the plaintiff alleges that the
dofendant owed him . sum Of money, ard
h lieu Of payment agreed 10 buy Q certain
Yascol Of land for their mutual benefit, and
luFsher agreed TO give plaintiff one-third OF
pnsehAse, keeping two-thirds herself. II is
oileeed that the agreement was oral. The
shortage argued principally on questions
q Law, point being made - 70 whether
~ statute Of fraud was in force In this
~ az not
Court decided this contention In the AZ
Grmative. and bearing upon the claim OF
essl agreement decided that the complaint
vas silent - TO whether the agreement was
ssaI Or written. Judge 6tratton denied 3
motion TO dismiss the suit, setting . further
heaslng on facts for Monday next. The
spsndsns was dismissed. parties to the
nit By stipulation, guaranteeing the pay
uent Of any Judgment that may b. rem
dessd By depositing . certified check for
Goo0.
A suit Tor the wrongful conversion Of
money vas heard by Judge Stratton. trial
n jury In this case also having been
waived. Action WAS brought by Henry
e(ajohann against Annie Brock 70 compel
~ 10 return to him household goods
valuod 1t $50, and $6i5 in money. He al
leoaa list on May Is. 1850. he leased his
houneeld goods 10 the defendant and gave
~ ~ money for safe keeping. sitter
which BE- went away for . time. He al
- that defendant converted tho prop
esty 70 her own use and has since refused
y issuFn II. The suit was taken under
odyisement
JUDGE Homes DEPARTMENT..
James Toner, young man II years Of
~ arrested by Constable Robinson on
March IL, charged with grand larceny,
tnI k~fS 1sxl.
humes. The defendant was charged with
scaling furnace worth $40 which had
hesn left In the ruins of the First Method
= Protestant church. breaking IL up and
eelling Il for old iron. The defendant ties.
uhed that he and an old man went TO the
premises and took the iron, rs had been
charged. He stated that he met the old
man By chance, who induced HIM 10 80
saefa By telling him that II he weuld help
carry away the furnace he would receive
naif the profits OF selling. This he did.
az share being about 81 He WAS coon
l'ef arrested but his companion escaped
Inc prisoners defense was that he Was
"a into the commission Of the act. but did
. without any criminal intent on his part
Witnesses for the state testified 10 the
value Of the furnace al over 500. and also
% the manner in which il had been stolen
snd sold. The jury found the prisoner
mol guilty. his extreme youth. and testi-
ncny showing that he had been employed
honest labor for long time preceding
we larceny undoubtedly having much 10
% with the result
Judge Humes denied . motion for new
u'ai In the SUIT OF Oscar veasy. who Was
convicted OF burglary. He was sentenced
slghteen menths at Wsila Walia and to
Fay costs OF prosecution.
SUIT DISMISSED.
A stipulation was fieed between Finch,
van slyck Co, Alonxo Powers, Alonso
". Straw and Henry kahs, creditors. and
sne winsor Company. II provides that
we latter are 10 execute hin Of sale of
.aesf property 10 W. H. Reeves, ~ trustee
'of the creditors of winsor & Co. The
property Is TO he sold tor cash. the proceeds
80 toward paying creditors claims IL
vas agreed TO pay K \. MeFsdden's mort
ssse out OF the first sales. following that,
fiaeh. Van Slyck & Co.'S claim. aud the
osher creditors in the order OF filings Of
near respective attachments, including
ne claim OF w. n. Fsntcn. The suit was
dismissed by Judge Lichtenherg af PLANT
us eests.
CRY ASSESSMENT sCIrS
ien assessment suits have beeu filed by
Ae city Tor the collection OF delinquent,
ot<R<<nerfx nans~t