Omaha daily bee., 1897-01-29
DAMAGE SUIT IS RESUMED
Miller's 0aso is Taken Up Again Before
Judge Thornell.
ADDITIONAL EVIDENCE is SUBMITTED
Prosecuting Witness Takes the stand
aud Tells iIis Story-Gcnerul
Rouniup of News in
Council BIuTs.

Judge Thornell and a patient jury yester-
day heard evidence in the damage suit
brought by Miller against Sheriff Morgan
and Deputy Compton and their sureties for
alleged false arrest and imprisonment. The
case is one Of three that have been pending
in court several days. Two days were spent
on the Miller case last week and a contlnu-
ancc was made necessary by the illness of
Attorney Burke, vino was stricken down by
an attack Of the grip He was in his place
at the counsels' table yesterday, but acting
only as a counselor. leaving the examination
Of the witnesses and fighting portion of his
duties 10 his young assistant, Clyde Aitchi-
son. The story of the arrest OF Miller by
Bob Scott was told on the witness stand by
Deputy Compton. and the cross-examination
did not cause any variation. The only cor
rection of newspaper accounts made in the
testimony was that Scott was not at the
time he made the arrest a prisoner in the
jail His lime had expired, and he had been
doing some work about the place for the
jailer. Compton testified that Scott had re-
ceived no authority from any person con-
nectel with the Jail to arrest Miller. He
had reported the circumstances and was
told to keep a sharp watch on the alleged
freight car pilterer until he could be ar
rested When 1t was found that the evil
dencc against Miller and his two companions
was of such character that a conviction
was doubtful they were permitted to return
to their homes Some of them were only
detained few moments, and none of them
more than two hours.
Miller. the prosecuting witness. was put
In the witness chair and detailed his sor-
rows. Under rigid cross examination he
| also told the story of his settlement of the
suit with Deputy Compton the day it was
| called for trial last week He had previously
sworn in an affidavit that he had been mis-
| led, deceived and buncoed by the shrewd
| deputy sheriff and had been trapped into
| settling n $4,000 sureshot damage suit for
! a paltry sum of So and that he did not
| know the contents Of the paper he signed
| and which was sprung upon the court as
| settlement in full. On the witness stand he
admitted that he was able to read and write,
and that the agreement Of settlement was
! read to him and he had looked it over.
| There were a few legal words he did not
quite understand the meaning OF, but he
| understood the tenor of the instrument and
knew he surrendered his case when he signed
| 1t. He repeated some highly sensational re-
| marks which he alleged Compton had made
| concerning the attorney for the prosecution
| The remarks caused a smile at the expense
of the attorney, although Compton promptly
| denied having made them. The attorneys
for the defense had prepared motion tc
| nave tHe court tdhc tne case lIoiH tHe Jul y
| and return a verdict in their favor, but II
was not presented. The case will be COM
| pleted today. The cases OF Kelley and
| James the other two men suing for false
arrest at the same time, will follow the
| conclusion of the Miller case.
| Judgment was taken by default in the
case of the Hammer Lumber company
| against M. L. and H. l.. Benner.
| p. II. Wind has begun an attachment suit
| against o. M. Krecker to secure $6S. Pos
session of a lot in the western part of the
| city Is asked for under the attachment.
w. L. Siedentopf and sister and w. S
Mayne yesterday sued out landlords wri,
| of attachment against George Smith to Sc
| cure payment of 800 rent on farm.
| Receiver Wilcoxsen got judgment by
| agreement against N. G. and Helen G. Lar
| sen for $685. 60. This Is another of the many
| Des Moines Union Savings and Loan com
pany cases pending in the district court.