Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1892-01-15

since the defendant was not allowed his
constitutional right to meet his accuser
face to face; and that the circuit judge In
his charge had given the jury tc under
stand that the question of the good or bad
character of the defendant was one of
very little Importance, and therefore ln-
ferentially} that the proof of guilt was
positive and direct,
The supreme court holds that the
stenographer' notes could be properly
admitted in evidence, if sufficiently iden-
tilted, as they were but report of testi-
mony which had been given under oath
on the former trial, and when the de.
PENDANT had the opportunity to confront
the witness; but that the court erred in
that part of its charge which related to
the question of the previous character of
the defendant. 1t therefore reverses the
Judgment of the circuit court and orders
a new trial
Who Shall Pay the Freigh hit?
Herman Swanke ct al, VS.. ?. H. Nc
Carly ct. al. The question in this is, who
shall pay the freight? In 1888 the plain
titfs, Herman Swanke ct al, then doing
business under the firm name of the
TigertOn Lumber company, at Ilgerton,
Wis, entered into contract with Grei-
lick Bros, of Milwaukee, to sell and de-
liver to the orders of GreIlick Bros, their
entire cut of lumber Before any lumber
had been shipped the contract was as
signed by Greilick Bros. to the P. H. Me-
Carly Lumber Co. On settlement the F.
H. McCarty Lumber company refused to
pay the freight on the lumber shipped
and the Tigerton Lumber company now
sues for S45223, the amount of the
same. Nothing appears to have been said
IN the contract in regard to this matter.
The lumber was shipped to Sheboygau,
Chicago and Milwaukee. The circuit
court held that the purchasers, the P. H.
McCarty Lumber company, were liable for
the freight, and the supreme court now
sustains that decision, on the ground that
as the title to the lumber, according to the
well established rule of law, passed to the
purchaser as soon as delivered TO the rail
road company at Tigerton for shipment
and as there was no evidence of a contrary
intent or usage, the presumption must be
that it was the intention that the purchas-
ers should pay the freight.
She Gets Damages.
l., &
News Publishing company, an action was
brought by Christine Allen, of Milwaukee,
against the Milwaukee newspaper for an
alleged libel in publishing an article tend
ing to bring ridicule upon ner and her
deceased husband. The plaintiff recovered
a verdict of $3.50 in the trial court, and
the supreme court sustains the verdict.
Decisions I'm Brief.
The following is full list of the deci-
sions given in brief:
State ex rel. Warden v. Knight Order
to show cause discharged without costs
Olson V. G. M. & St. p. Ry. Co. Mo-
ton for rehearing denied with S25 COSTS
Ehringer V. Douglas. Judgment re
versed and remanded for new trial.
Holt v. Racine. Order affirmed
Sinnott v. G.. q n. w. Ry. Co. Order
reversed and remanded with directions to
dismiss the proceedings
Eliot v. Eliot. Order reversed and re-
manded for further proceedings according
to law.
Allen V. News Publishing Co. Judg-
ment affirmed.
Britton V. Green Bay and Fort Howard
Water Works Co. Order affirmed.
Clarke v. McAuliffe Order reversed
and remanded for further proceedings &C
cording to law.
Herbst Importing Co. v. Burnhams.
Judgment affirmed.
State V. Stilman. Questions one and
two answered Eyes"
Kyle VS.. Fehey. Judgment affirmed.
Taylor VS.. c., M. & st. 2. Ry. Co Or
der affirmed. Justice Winslow dissents.
Two cases.)
swanke VS.. McCArty. Judgment
affirmed
Jackson VS.. State Judgment reversed
and remanded for new trial.
Fllkins vs. Nunnemacher. Order re-
versed and remand, with directions TO en-.
ter an order prohibiting the examination
of appellants.
Cosgrain VS.. Milwaukee county. Judg-
ment affirmed.
McLaren rs. Terry. Judgment affirmed.
Motions and Argune pts.
The following motions and arguments
ware made:
Gage V. Allen. Motion to strike cause
from calendar.
Cratic v. the M. & N. r. r. Co. The
cause was revived in the name of Louis
Vahn, adm, &c, as appellant therein
Teto V. City of Augusta. Stipulation
filed, and a motion to put the cause on the
calendar was granted.
Simpson V. F1shchofer, ct. al. Stipula-
ton and motion to put the cause on the
calendar.
Woodland V. Boscobel Motion to place
the cause on the calendar.
Patry V. the c., st. P. & O. RY. Co.
Stipulation filed and motion to put the
cause on the calendar was granted.
Simonsen V. Stachlewies. Cause con-
tinued to January calendar
Hibbard, Spencer, Bartlett & Co v.
Nash ct al. Upon stipulation filed and,
upon motion, the appeal was dismissed
without costs.
Barr v. Church. Stipulation fled and
motion to put the cause on the calendar
was granted.
Welsh vs.. the M, L. s. & w. Ry. Co.
Upon stipulation filed and upon motion
the appeal was dismissed without costs.
Blindert V, Kreiser. Argued by R. M.
Watkins for appellant, and by II. B CHI
ner and E. M. Lowry for respondent.
Bergwin V. Chippewa Falls. Upon