Omaha daily bee., 1897-01-21
SUITS SETTLED OUT OF COURT
Sheriff Morgan's Attorneys Spring
Surprise on the Prosecution.
JAMES AND MILLER ARE SATISFIED
We're Suing for Damages for Illegal
Detention, hut Say They Have
Heen Paid II sum of Money
ms Compensation.

Heen Paid n sum of Money
ms Compensation.
In the district court yesterday there was
surprise for the attorneys who are look
ing after the interests of Sheriff Morgan
IN three damage suits brought against him
by Miller, James and Kelley, three men
VINO sued for Illegal arrest and detention
lheir claims aggregate over $4,000 and
tho case has been pending since last sum-
nler The cases of James and Miller were
set Tor trial yesterday and when they were
called up the attorneys for the sheriff
sprang surprise on the prosecution by
making motion to dismiss on the ground
that the cases had been settled out of court.
In support of the motion they submitted
statements signed by the two men that
each had been paid satisfactory amount
and that they were willing to have the cases
dismissed at their cost The. attorney for
the plaintiffs asked little time to investi-
gate. The investigation was in the shape
Of an animated conversation with Miller,
and in short time Miller had changed his
views about the settlement He returned
TO the court room with his attorney and an
afhdavit that the settlement was obtained
by fraud, and that when he signed the
agreement he did not know its contents
me afiidavit also stated that he had re-
celved the sum of s. for signing the paper
that had been presented to him, and the
attorney also stated that the mans wife
had been given 500 to withdraw her opposi-
ton to his signing the settlement The at
torney made the affidavit the basis of
motion to strike out the defendants motion
to dismiss.
NoI
terest among the attorneys who were pres
ent' and they are awaiting the decision of
the court, who took the matter under advise
ment until this morning
deputy Sheriff Compton, who was the Of
ncial mainly responsible for the arrests was
the one who procured the settlements and
neither he nor his attorneys feel that he
dld anything that was in the least discred-
liable He claims that he simply presented
the matter to the men in favorable light
and easily satisfied their wants
The damage suits grew out of the arrests
OF the men last February, and was brought
about by the ofIlciousness of Bob Scott a
fellow who had been an inmate of the ial
on many occasions, and was serving the last
days of his last sentence, enjoying the GUS
tomary privileges accorded to a "trusty"
1t was short time after the arrest of J. d.
Alexander for Wholesale robbery of freight
cars in the yards Of the Rock Island Rail-
way company. Scott was well acquainted
with the men and on Sunday afternoon,
February 16, claimed he saw them in the
act of robblng freight car and followed
Miller to his home, where he saw him de-
posit his stolen goods. He also declared he
saw James and Kelley doing the same thing
at the same time and watched them take
the stolen goods to their homes He re-
turned to the county Jail and told Deputy
Sheriff Compton his story. The officer at
once remarked that the men must be ar
rested. Scott waited for nothing more and
after procuring large revolver imagined
himself a properly constituted officer to
make the arrest. He went to the house of
one OF the men and placed him under ar
rest. In doing so he hourished his revolver
and terrorized the family, nearly frighten-
ing the wife to death. The man accompan-
led Scott to the county jail, and he was
kept there until Deputy Sheriff Compton
arrived with the other man. When confronted
by the men Scott's story lost much OF its
vivacity and he finally backed squarely
down. Kelley had been brought in in the
meantime, and the men were detained from
twenty minutes to an hour, when they
were permitted to CO. Sheriff Morgan was
out OF town at the time and his deputy ne
elected to protect himself by having Scott
swear to an information. Each of the men
brought suit against the sheriff, his deputy
and their bondsmen
Judge ThOrnell's ruling on the case when
the court convenes this morning is awaited
with considerable interest
JENET CHANGES HIS PLEA.
Emil Jenet, the Belgian baker who got
INTO trouble on account of his penchant for
signing other mems names to bank checks,
appeared before Judge Thornell yesterday
morning and asked to have the plea of not
guilty which he entered to the charges
against him, set aside and the plea of
guilty substituted. He was accommodated
and sent back to jail to await his sentence
next Saturday.
Judgment was pranta1 in bo ooeo
Frank p. Wright against the Twin City
Steam Dye Works for $50 damages as the
result of the spelling of a child's cloak while
1t was undergoing the process of dyeing
The case was appealed from a Justices
court
Judgment was rendered on a note for $780, |
dated April 26, 1895, in the case of r. L. |
Lyman against C. w. Miller
Judge Smith yesterday rendered decision |
In the case OF the Fred Miller Brewing COM |
pany against the Council Bluffs Insurance !
company, sustaining the judgment against |
the insurance company, allowing interest and |
costs. Ii was foreign judgment, and was |
brought here on transcript. Its value is |
problematical, as the Council Bluffs Insur-
ance company has long since ceased to exist |
and its affairs are supposed to have been |
wound up, as far as the courts and the in
surance department of the state can do So
Judge Smith also handed down his de-
rision in the case OF Ernest A. Ittner against
Martin lttner. The latter was appointed by |
the district court of Douglas county, Ne
braska, guardian of the minor heirs of Ben
lamin Ittner. deceased. The property held
In trust for the heirs was located in Potta-
yattamle county, Iowa, and Ittner was never
appointed guardian or custodian under the
owa laws This did not deter him from go
ng ahead ani conveying some OF the lands
% w. C. Thomas, receiving $500 for the
property. The money was accounted for to
he Douglas county court. Thomas In turn
tla lam a thn I,.af,,
OF It, Judge Smith held that the
'ae to Thomas was Illegal. and that the
lse of the land by Thomas had been a suf-
icient recompense for the amount he paid
or 1t, and decree was rendered giving it
o Ernest Ittner.