Omaha daily bee., 1897-03-19
Deere, Wells & 90. Make Sudden Move
in the Court.
CASE AGAINST THE RAILWAY CALLED OFF
This Action Taken on Account of q
Ruling by the JuJgc-Auothcr
Suit to lie Begun in Dis-
trict Court.


prejudice, and the motion was sustained by
the court.
The case has been on trial for a week and
nearly 100 witnesses have been examined
Hon. John n. Baldwin has taken the lead as
council for the defense, assisted by r. w.
Berger of Chicago, assistant general solicitor
for the railway company, and the other men,
bers of the firm of Wright & Baldwin. Harl
& McCabe have conducted the defense The
testimony has been OF the most remark
able character, chiefly for its contradictory
nature. The important question in dispute
was the direction the wind was blowing on
the afternoon and evening of December 49,
1895. Citizens, business men, professional
men by the score, policemen and members
OF the fire department were found to fatty
contradict each other in asserting the direc-
tion of the wind. The official weather rec
ords Of the Omaha station for the day were
introduced and sworn to by Observer Welsh
and the jury would have had a difficult task
to come to an understanding The evidence
for the defense closed on Wednesday even
ing, and yesterday morning the plaintiff be-
gan to introduce evidence in rebuttal. Con-
troversy arose as to the admission of certain
portions of this evidence, and the argu-
ments consumed greater portion of the
forenoon. The court took part frequently
in the colloquy and after one of his rulings
the attorneys for the plaintiff Immediately
moved to have the case dismissed without
prejudice.
This action was followed within an hour
by the institution of a suit in the district
court against the Milwaukee company, in
which the fire damage is fixed at $3.50, 900.
The filing was made so as to bring the case
to trial at the March term of the district
court.
One OF the gentlemen interested in the
prosecution explained why the attorneys had
taken the sudden notion to dismiss the case.
THE defendant" said he, had introduced
testimony to show among other things that
the hole from which the fire was claimed to
have come, had been filed up on Saturday
with debris from the fire. The court refused
to permit the plaintiff on rebuttal to dis
prove this statement by showing that there
was no such debris from which it could have
been filed. Under the rulings Of the court,
a large amount of extremely important
testimony for plaintiffs was rejected. In
addition to this new and important evidence
had been discovered by plaintiffs after they
had rested and which, under the rulings of
the court, could not be adduced, so that,
while the court had indicated that he would
send the case to the jury, these and other
considerations caused the plaintiffs to de-
termine to dismiss the case unless the court
should modify it's ruling and permit this
was recalled and the court still adhered to
the position taken, the case was dismissed
Judge Woolson rested during a portion of
the afternoon by spending his time porng
over legal documents in his chambers. An
other big damage case will be called for
hearing when court convenes this morning.
The Chicago, Burlington G. Quincy railway is
made defendant. Some time ago a man
named Shields was forcibly elected by the
company's agent from the company's depot
at Pacific Junction. Shields brought suit
against the railway company for SIT 500. The
action was brought in the Mills county dis
trict court and was brought into the federal
court upon the usual showing that the plain
tiff was a citizen of Iowa and the defendant
a corporation organized under the laws Of
Illinois. The attorney for Mr.. Shields will
argue a motion this morning to have the
case remanded to the Glenwood tribunal for
hearing on the grounds that the plaintiff
Is not resident of Iowa, but of Illinois and
as no interstate questions are involved the
state court has the proper Jurisdiction to
try the case. II the showing made is suffi-
cient to be sustained by the court the case
will be remanded. In that event the case
of Schurr against Barenard receiver of the
Omaha & st. Louis, will be taken up. This
is also a damage case in which the receiver
is sued for the recovery of the value of a
lot OF stock killed by the Wabash trains
The amount involved is fixed at $4,000
whelmed yesterday with petitions filed for
the commencement of suits at the March
term OF the district court. Only two days
more remain in which petitions can be filed
for actions in the March term, and the short
ness of the time accounts for the rush of
business.
One of the most important suits filed yes
terday was that represented by the petition
OF Mrs. Jane Johnson, who brings action
against the New York Mutual Life Insurance
company to recover the value OF policies
held in the company by her husband aggre-
eating $25, 900. The husband, f. G. Johnson
died in Omaha December 2S, 1896.
Margaret Hamilton sues j. N. Casaday for
an accounting. She Is the widow OF Joseph
Hamilton, who died many years ago. Her
petition recites the details of another story,
showing the perfidy OF ]. N Casady and the
recklessness In the use OF funds entrusted
to his care. For many years he had been
the agent of Mrs. Hamilton and had invested
large sums for her. At the last settlement
she had with him statements showed that
he owed her a balance OF 81 617, and she
brings suit for this amount.
John Linder is made defendant In n suit
that originated In an odd blunder which he
made some time ago. He held claim
against Lizzie B. Smith, who was acting
In name for her husband The claim
was secured by mortgage on some property.
Foreclosure proceedings were instituted and
the property closed out When the time
camo to sell 1t under the mortgage. he had
the impression that the amount Of the claim
was over $1,000 and bid In the property
at that figure. The claim was in reality only
s., 200 Smith now brings suit TO recover the
difference between Linder's claim and the
amount he bid.
II. Emg brings suit against the Iowa
Construction company on a salary note
amounting to $500.
II. ii. OberhotZer brings suit against John
T. Hazen, sheriff, and j. p. Hess to recover
$500, the amount it cost him to get an at
tachment on a stock Of cigars dissolved.
The suit is brought on the attachment bond,
A. III. Marshall sues the Gale Manufactur-
ing company for SlS230, balance alleged to
be due for services rendered defendant com
pany.
The National Life Insurance company began
foreclosure proceedings against James G.
Brunow ct al on a claim OF 81 800.
Harris Horwich sues M, A. Jones ct al.
for 81 1858 80, balance due on a note.
Another heavy suit was filed against ]. N
Casady by the Fairview Cemetery associa-
tion. Casady was treasurer of the ansocia-
tlon and when the financial affairs were
inquired into after Casady's flight 1t was DIS
covered that he had in his possession funds
belonging 10 the association amounting to
81, 1881. SO. Caeldy had made way with every
cent OF this money The suit is brought
against him and his bondsmen.
After years OF life together. and after
rearing a family OF ten children, Martha
nj.