Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1892-12-03
CIRCUIT COURT.
His Honor and the Attorneys Get Down
to Business.and Dispose Of Large
Number of Cases

ShhSOit OoUhT.
His Honor and the Attorneys Get Down
to Business.a and Dispose Of Large
Number Of Cases.
The suit of Samuel Dayis against N.
y. Tubbs was tried before Judge Gard
ner last Saturday, and the case was
given to the jury just before court was
adjourned Saturday evening. Davis,
who was employed some time ago by
Mr.. Tubbs, TO take care of large flock
.ofsheep, alleged that he had never been
renumerated, and sought to recover for
his services and the expenses to which
he had been put. The defendant claim
ed that the contract which he had en-
tered into with Davis had been violated,
and put In counter claim for damages
TO the stock. caused by the negligence Of
the plaintiff The trial of the case was
completed Saturday night, and the court
instructed the jury to seal its verdict
wh.r = arvived - one, aid snnounce II
when court was again convened.
The grand jury made report Satur.
day morning which included the find
ing Of indictments against Sherman
Davis, Ernest w Soper, Albert Z. Hills
Chas Crane, Jas. Ferguson and Chas.
Sheldon, for grand larceny, and the dis
charge Of John A. Kirk. who had been
held on charge of assault. The men
indicted were arraigned and were grant
ed until Tuesday morning to plead.
Hills and Davis stated to the court that
they had no means with which to EN-
ploy an attorney, and II. d. Reynolds
was appointed to defend them.
Judge Gardner was busy with num-
Der OF court cases at Rapid City. Mon
day, and consequently no session was
held here until Tuesday morning.
Court was convened at $50 a. m. on that
day. and the verdict of the jury in the
case of Davis vs.. Tubbs was called for.
IL was a judgment for 1852 so for the
plaintiff. Defendant will probably APP
peal
Hills, Crane, Soper, Davis, Ferguson
and Sheldon were again brought into
court. and plead not guilty to the
charges against them, The trial OF their
cases was set for Friday.
A motion for continuance was heard
in the case of Fitzgerald Bros. vs.. A. L.
Bonham, and the court refused to grant
L. The trial of the case resulted in a
verdict for s2,6s206 for the plaintiffs.
+. NJ. Gsntz VS.. Geo. H. Green & Sons.
The plaintiff, DR. Fred Gantz, of Dead
wood, brought suit to recover the pur-
,hase price of two sets Of teeth sold to
defendants, apd obtained judgment for
;66.60.
Grand jury reported the finding Of an
Indictment against c. J. Horgan for
petit larceny.
j. w. Lewis VS.. f. F.. & NJ. V. r. r.
ie vIh.sr or.i 1rvrsc-Afnea 80 o,.o
defendants trains. Defendant objected
O the trial of the case on the ground
hat the complaint was insufficient.
Objection was sustained and plaintiff
vas given time 20 amend complaint, and
he case was continued.
The grand jury made it's final report,
tating that a careful examination of the
.ourt house showed everything to be in
,ood order with the exception Of the
tove in the grand jury room, which
pronounced unsafe. The jury having
completed its labors was at that time
L. d. kellogg and F. E. Sterns vs.. Gus
er county. Gaze was continued until
next term.
j. VI. Daniels VS.. Board of County
Custer county. Case
vas dismissed on motion Of w. q. Por-
er, attorney for defendant.
Clemens Kleemann vs.. Gardner &
Bailey. This case, which was an appeal
rom the justice court, was dismissed by
agreement, and costs charged TO defend
,nts.
ID. j. Kirk VS.. j. A. Kirk. Action for
divorce. Ed. L. Grantham appointed
by the court to act as referee.
C. j. Horgan, indicted for petit larc.
sny was arraigned, and plead not guilty
His attorney, Henry Frawley, moved
for continuance of the case. on the
ground that material witness for th.
defense could not be present. The mo-
ion was resisted hy The state, aud the
/, urt stated that If the witness could not
be secured before the adjournment Of
this term, the case would be continued.
A motion for new trial in the case Of
Chester Z. Crofford vs.. Fitzgerald Bros.
was argued. Attorney for the defend
ants claimed that plaintiff s counsel had
in his plea gone outside Of the record.
aud had inflamed and Influenced the
?ury with statements that were not
in evidence. The court ordered the at
to prepare and submit to him
briefs IN the ease, and promised TO re
verse the verdict u it WAS shown that
Jury had been unduly Influenced.
Odo Reder vs. Madison A. Upton.
Plaintiff sued for possession Of saw mill
and machinery, and the jury found YER
dict in his favor.
J. A. Boyden vs. Frank Stanton. Set
tied.
wv. Lewis VS.. M. ]. and Sarah Lewis.
Continued.
Peter sjoblen vs. w. s. Wood and A.
Shoemaker. Continued.
b. M. Williams va. w. 8. Wood, sher
iff of Custer county. Verdict for de-
fendant.
I. o. o. +.
All who are interested in the organi-
xation OF Lodge in this city are re-
uuested To be present at the Office of B