Evening capital journal. (Salem, Or.) 1888-1893, 1891-10-14
CIRCUIT COURT.
Third DAYS PrOceedings-Jury Cases
and New Business.
TUESDAY EVENING.

TUESDAY ENENlNds
5s-E. p. Reed ct al. VS.. James
Deubam d Co.; same. Motion to
strike part Of answer argued and
overruled.
4s-Buckingham 4 Hecht VS.. Jas.
Denham & Co.; action for money.
Same action as in No. SO
5s-Mohr Bros. VS.. III. 5. Simon;
same. Two days given to amend.
3s-State VS.. John A. Shaw; put
ting sawdust in river Demurrer
sustained. This applies to all the
sawdust cases, except one referred.
In the first mentioned case the in
dictment was found defective and
had to be resubmitted to The grand
jury. The cases were argued on the
constitutionality of the section (No,
81 of the act under which the in
dictments were found.
46-Mary Goodenough VS.. Evin
Daley: damages. Motion to strike
out part of answer taken under ad-
visement.
The grand jury returned two not
true bills. One IagIinst Thos. Gra-
ham, of Gervais, charged with tbs
larceny.of books from a Salem store;
the other against w. n. Carnahan,
chargedwith having obtained money
under false pretenses by issuing
checks on bank in which he had
no money.
Adjourned.
wEDN ESDAY.
65-Ann Carpenter VS.. Thos. E.
Brown ct al; foreclosure. Judg-
ment by default.
60 Phillip Metschan VS.. J. w.
Beatty ct al; foreclosure. Judg-
ment by default.
66-Lucinda Swegle ct al. vs.. Geo.
Swegle ct al; partition. Default
entered as to Geo. Swegle, NJ. w.
Swegle and Emma Bender. l.. G.
Griffith, f. r. Smith and David
simpson appointed referees.
JURY TRIAL.
State VS.. DIR. Heusell, for selling
liquor to a minor. G. G. Bingham
for state and Tilmon Ford for de
fendant. Following jury was
drawn: L. Cavanaugh, J. B. Dim
mick, Jos. Lemery, VIM. Hilleary,
n. j. White, L. G.. Griffith, A. W..
Drager, Dexter Robbins, VIM,
Woodworth, A. Beach, Joseph
Chamness, w. E. Young.
The jury were out but few min
utes when they retrued verdict of
not guilty. DR.. Hensell was unani-
mously acquitted.
CORRECTION.
In the report of the court docket
fine of $500 for illegal sale ofhquor
was printed as imposed on DIR. Hen
sell. This was an error as the fine
was imposed on Robt. Thompson.
IMPORTANT DECISIONS.
In the case of Holman VS.. Clark,
action for damages for obstructing
one of the streets in East Salem,
the dem urrer to complaint was sus-
tanned, on the ground that apricate
individual cannot maintain action
for obstruction of public street Or
road by putting a fence across the
same. That such prosecution be-
longs to the state. P. H. Darcy
appeared for plaintiff, and w. w.
Kaiser for the defendant, Mrs.
Clark.
In the case of the state of Oregon
VS.. Lee Brown, manager of tie
Stayton Saw Mills, for allowing
some dust to escape into the Santiam
river, the court sustained the de.
murrer to the Indictment, for the
reason that section eighth, common
ly known as the "saw dust" section
of the fish law, was not mentioned
in the enacting clause of the bill, as
required by section 20 of the state
constitution. For this reason sec
ton s is received, and an indictment
under it cannot be maintained.
Geo. G. Bingham, district attorney
appeared for the state, and w. NJ,
Kaiser and 'rilmon Ford for the de-
fendant.
In the case of the state of Oregon
vs.. l.. NJ. Hensel, charged with sell
ing liquor to minor on June 9th,
at Brooks. A jury trial was had to-
day, resulting In the acquittal of the
defendant, and DR.. Hensel was dis.
charged. District Attorney Bing-
ham appeared for the state. and Til