Omaha daily bee., 1897-01-22
DAMAGE SUITS NOT SETTLED
Much Interest Felt in the Singular Turn
Developed Wednesday.
SHERIFF MORGAN SECURES CONTINUANCE
sickness of Finley Burke Prevents
the Hearing of the Matter on
Its Merits for one
Week,

The status Of the damage cults instituted
against Sheriff Morgan and his deputy
Compton, was not changed by the develop
ments in the district court yesterday. When
the cases were called Immediately after the
convening OF court at $780, II
was announced that Finley Burke,
attorney for the defendants was confined
to his bed at his home by illness and his
associate, Clyde Aitcheson, made the proper
showing Of the fact to the court and asked
to have the cases continued until Mr.. Burke
was able to resume his duties The contin-
uancc was promptly granted and the further
consideration of the mat ter was postponed
for week
The cases were the subject OF a good deal
Of discussion about the court house during
the day. It was generally admitted that the
plaintiffs had acted queery in attempting
to compromise. Each man received So for
compromising $4,000 claim, and each
agreed to pay the costs so far as they had
accrued. The costs will amount to a great
many times the price of their consent to
dismissal and IL is upon this point that they
base their declaration under cath that they
did not know the full import of the docu-
ments they We're signing. Deputy Sheriff
Compton they admit explained to them that
there was small probability of them ever
being able to pay the costs. and that there
was no danger of an execution upon their
property for the costs He explained to
them the property each could hold under
the exemption laws that would be execution
proof, but they assert now their belief in
the possibility Of each some time having =
piano or an extra family carriage that a
cold-hearted deputy sheriff might sieze un-
der an execution.
Another feature of the case that makes
1t interesting is the notice served upon each
OF the defendants and their bondsmen, by
S. b. Wadsworth, attorney for the men,
tying up $4,000, or one-half of any judgments
obtained against them by the trial of the
cases. These amounts represent Mr.. Wads-
wcrth's attorneys fees, and give him lively
interest in the case, and increase his de
termination to undo the work of his clients.
1t should be said in justice to Attorney
Burke that he had no knowledge Of the set
tlCment until after ii was effected.
In 1892 Mrs. Eliza j. Price and her daugh-
ter, Belle Price, executed a note and mort
gage to the Lombard Investment company
TO secure n loan of 81 800 The mortgage
covered various lots in this city Yesterday
a petition for foreclosure was filed by Mrs.
Caroline r. Fisher, who has purchased the
mortgage from the investment company.
Arthur Martin, now the husband of Belle
Price, is also made party to the suit.
Judge Thornel yesterday entered judg-
mont in favor of Mrs. Julia A. Harding
against Mary A. Lacy, George d. Riggs, w.
II. Brown ct al, for the value OF a note,
with interest costs and attorneys fees,
amounting in all to S6,795.35 The note is
secured by mortgage on the south half OF
the building used by No. 1 Hose company
on South Main street. a decree of foreclos-
urc was granted and special and general ex-
ecutlons ordered to be issued
In the case of Il. T. Waterman, c. Il. Hag-
gerty, the assignee, was given one week by
Judge Thornell to file an amended report
and show the disposition of the property
and what property there was on hand. The
property in question is the Waterman Car
riage factory, and its tools and contents,
located on North Main street
Il. Il. Bruce & Co., obtained a Judgment
by default against p. G. Schneider for 1878.
Special executions were ordered against the
attached property.
Judge Thornel was decidedly out of humor
Yesterday. and 1t Is probable that he will
have his scoldng clothes on today. He
dallied along with dllatory motions all morn
ing and was compelled to adjourn court
early in the afternoon on account OF the
fact that there was not a case on the trial
docket ready to be heard. None of the at
torneys present were ready with their cases.
For time the judge and bailiff were prnc-
tically alone in the court, and three attor-
neys made a crowd any time during the
day If the same conditions prevail today
somebody Will get a scorching.