Audubon County Republican. [volume] (Audubon, Audubon Co., Iowa) 1885-1894, 1892-03-17

y
and is brother of General Superin-
tendent White, OF the railway mail SER
vice of Chicago. He and family are
members of church at Sanborn.
A close call for murder happened at
Eddyville. Mr.. Crosen, a young lounger,
was standing in front of the butcher
shop making some remarks, when Mr.,
Lafferty came along and cut Mr.. Crosen
from the rear, Mr.. Crosen released
himself from Laffertys grasp and
whirled around to face his opponent.
They both squared themselves, but as
they were about to strike they were
checked by surrounding parties. In
the scuffie Mr., Lafferty fell. As he
was in the act of getting up Crosen
struck him but was taken off the pros
trate man. Lafferty got up and ran
into the butcher shop and secured a
long butcher knife and wheeled and
met Crosen at the door of the shop
striking him heavy blow on the side
of the head, making n fearful and
dangerous wound. Had the blow been
one inch lower it would certainly have
caused instant death. They are both
being cared for by their friends.
An application in the supreme cour,
of the United States for a writ of
habeas corpus is likely to be the next
step in the case of Lieutenant .Hether-
ington of Dubuque, who killed George
Cover Robinson in Yokohoma for Sc
ducing his wife. The treaty of Japan,
like those with Madagascar, China and
Egypt, provides that American citizens
offending there shall be tried under the
laws of the United States by the
American consul and three assessors,
with right of appeal to the American
minister, who may or may not grant an
appeal to the United States circuit
court of California which shall hear no
new evidence. 1t is proposed to de-
mand Lieutenant Hetherington's re-
lease on the grounds that this treaty
contravenes the constitutional pro-
visions of indictment by grand jury and
trial by petit jury of anyone charged
with an infamous crime and that con.
gress has failed to provide legal tri-
bunal for the trial of those under
Americas jurisdiction charged with
crime in foreign lands. The constitu-
ton suspends an army or navy mans
right of trial by jury only in time OF
war or public danger.
The Ellsworth divorce suit, which
has created big sensation at Eldora,
came to a sudden end Judge Stevens,
after listening to the argument of the
attorneys for two days, struck the
answer of Ellsworth's motion and pc
tition for new trial from the files,
and also suppressed the dispositions of
Lovegood and one F. w. Ellsworth.
Immediately the trial for setting
aside the decree was begun and the
defendant appeared with her evidence.
About twenty of Iowa Falls best citi-
Ellsworth. The defendant herself was
on the stand most of the afternoon and
again the next morning, and told how
she by fraud and otherwise, had been
deceived and a decree granted. Mr..
Ellsworth took the stand, and Col.
Clark gave him a most rigid examin-
alton. Upon the converting of the
court in tine afternoon, after the Offer
ing of some letters from Mrs. Ellsworth,
on the part of the plaintiff, Mr.. c. M.
Nagel, plain tiff's attorney, arose and
said to the court: "Your Honor, we
desire one entry on the calendar of the
court. The plaintiff confesses the
right to new trial and asks that the
original petition be dismissed without
prejudice" The announcement came
like peal of thunder in a clear sky.
The crowded court room was astonished.
Mrs. Ellsworth's friends cheered with
enthusiasm. Although Mr.. and Mrs.
Ellsworth are yet husband and wife
Mrs. Ellsworth by her attorneys, f. C.
Harmed and Col. Clark, had notice
served at once on her husband for q
divorce, on account of such cruel and
inhuman treatment as cndangers hel
life. The cause will come up for hear.
ing at the next May term of icourt Sc
the end is not yet. Mrs. Ellsworth
with president and Mrs. Ives, Mrs,
Bows and Mrs. Robertson, of Chicago
left for Cedar Rapids in % special car.