Union County courier. [volume] (Elk Point, Union County, D.T. [S.D.]) 187?-1913, 1894-04-26
CIRCUIT COURT.
The Grand Jury Returns Eight In
dictments.
It Makes Suggestions For improvements
III tho Court House.
Hrs. Rehecca r. Kennedy Wins Her
Suit for Divorce.

yesterday wednesday, morning
the grand jury made their final report
returning eight indictments, none Of
which have been made public. The
jury in their special report to the court
found that the court house needed a
good many repairs. The various sug-
| gestions were made as follows:
after duly visiting the county Jail
and county Offices we find such prop
erty in fair condition.
I've suggest that the heating
apparatus be examined by a compe-
tent person OF persons and such
changes and repairs be made as are
thought to be necessary.
give suggest that a suitable
vault be placed in the clerk Of courts
Office as may be necessary for the safe
keeping OF records as are in the office.
"3.-We suggest that some means
be provided for the exit of prisoners
fire or other great damage.
I've find the f%ioorover the treas
urer's office in an unsafe condition"
In the Ames case the motion to
squash the Indictment has been parti-
ally argued. 1t is the opinion of many
Of the lawyers that the original indict-
ments are very weak and that it is
quite likely that they will be quashed.
1t is generally understood that new
indictments were found by the grand
jury discharged yesterday. 1t is not
at all likely that Ames will be tried
this term.
LATER.-Ames was bound over to
appear at the fall term OF court.
KENNEDY VS.. KENNEDY. .
On Tuesday morning at the opening
Of court the jury brought in a verdict,
so far as the issues of fact are con-
cerned, in the case OF Il. r. Kennedy
vs.. A. z. Kennedy. This ease has at
tracted as much, or more attention,
perhaps, than any othercase ever tried
In this county, not only because of the
prominence of the parties, but from
the length Of the duration of the liti-
CATION. In 1881 A. p. Kennedy mar
ried Mrs. Rebecca r. Newsom at some
point in Iowa. Soon after he deserted
IiSl, tilSN iaNliS llGu IL ItluIleI over
the bringing forward of some trunks.
their board bill not having been paid,
In 1882 or 1883 Mr.. Kennedy traded
his property in Iowa for land neal JEFF
ferson. Mrs. Kennedy soon came to
Elk Point and began proceedings for
separate maintenance. Afterwaruthis
suit was dropped and suit brought for
divorce and alimony. A. d. Keller
and +. w. Miller were plaintiffs attor-
neys. After a stubborn fight by de-
PENDANT a divorce and 81 100 alimony
was granted by Judge Palmer in the
office OF A. ID. Keller, on or about No
vember Z, 1884. L. p. Murphey of
Sioux City was the Attorney for A. p.
Kennedy. The alimony OF $1,000 was
paid to a. ID. Keller and also 500 for
...torleys ices. Keller paid about $ls5
board bill, also himself about $ls7
travelling expenses, 1850 attorneys
fees and other bills amounting to more
than the aiimony allowed by the court.
Mrs. Kennedy then sued Mr.. Keller
for an accounting, and the court de-
tant and that the alimony had been
properly expended. Mrs. kennedy
then instituted another suitfor divorce
tAiN ittiAp SiuAiiiltiS ii viz " Il
decree had been procured by stipula-
ton and not according to law. The
case was tried on Monday, Il. p. Muir
phey and l.. G. Ericsson appearing for
a. =. Kennedy and Walter S. Fawcett
and L.. w. Miller appearing for Mrs.
Kennedy. The ease was holly con-
tested on both sides. The following
questions We're submitted to the jury:
Il. Was there a wilful desertion Of the
plaintiff by the defendant? To which
the jury answered yes"
3. Was there oral evidence heard, or
read at the final hearing
OF the cas- in the office OF A. ID. Keller
on November Z, 1894, before Judge
Palmer, as is provided by tie statutes
OF the state of South Dakota? To
this question the jury answered "no."
This Is, OF course, a victory for Mrs.
Kennedy of no small Importance. After
ten years OF waiting she thinks she
has, in a measure at least, secured 4
justice, and her friends are congratulate
ing her accordingly.
Several questions Of law and the
question of alimony are left with the
judge.
HAMLIN VS.. MILWAUKEE RAILWAY.
Aibo tosS was Vic SuIj VI OdillcS
Hamlin, a Colorado miner, against the
Milwaukee Railway company to col
lect S. 900 damages which Mr.. Hamlin
he sustained in being elected
from a freight train and sustaining a
fracture of the right arm. Hamlin in
his evidence declared that on the night
Of July 80, 1898, he asked a conductor
a freight train standing at the depot
If he could ride to Mitchell for 81. The
Hamlin declares, replied
"yes." Hamlin then got on a fiatcar
loaded with brick. When the train
was got in motion and had reached the
city limits of Elk Point a brakeman
came out Of the caboose, asked Hamlin
to stand up and showed him off on to
the ground, the trains speed being
from 6 to IL miles. The railroad COM
pany asked for q verdict on the
grounds that Hamlin was a trespasser;
that he had no business on the hatcar;
that he was not a passenger; that the
brakeman had no authority in the
matter and that the rules of the COM
pany were such as to forbid a person
riding on a fiatcar. The court held
the motion to be a sensible one and
ordered the jury to agree on a verdict
for the railroad company. States
Attorney Keller, who appeared for
Hamlin, was given ninety days In
which to prepare for a new trial.
RosEMoRE vs.. RATHs.
This action was for a specific per-
Torrance OF contract. Mrs. Mary
Rosemore and Frank j. Raths are
brother and sister. When their father
died in March, 1892, he left for distri-
button among his heirs $40 acres OF
land in Alcester township. Acontract
was signed by Mrs. Rosemore and Mr..
and Mrs. Raths as to a trade or divi-
sion Of the land. The defendants re-
fused to give the deed called for,
claiming a misunderstanding OF the
will left by the father. The questions
were all legal ones and the court has
reserved his decision.