Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1898-10-20
CIRCUIT COURT.
BOSCObe1 City Wins It's
Damage Suit Grim
inal Business.

Circuit court reopened Monday af-
ternoon after a recess from last week.
The case of The Aultman Company
VS. l.. NJ Okey of Cassville resulted
in a verdict for the plaintiff. The
case of Hundleby VS.. Dieter was de-
cided for the plaintiff, the sum of So
being allowed. The other civil jury
cases were either settled, continued,
or transferred to the court calendar,
except the Boscobel damage suit
which was tried Monday and Tuesday
of this week.
In the last mentioned case Sarah f.
Brindley, wife of VIM. Brindlev, al
leges that on the evening of December
%, 1897, at about dusk when she was
going home after having been down
town, she stepped into hole in the
sidewalk which caused her TO fall and
severely wrench her ankle and knee.
She says her foot went into the hole
clear to the ankle, that her daughter
who was with her and who caught her
and helped her to rise had TO take
hold of the foot and pull it out of the
| hole She says further that the pain
and misery in ankle and knee caused
| by the hurt have never left her since,
that her health has been impaired be-
cause of the injury, that she has lost
nearly forty pounds of flesh since it
was done, and that she is getting
worse all the time.
The city denied that there was any
serious defect or hole in the walk,
claiming only depression not more
than three-quarters of an inch deep.
They also denied that Mrs Brindlev
had received any injury whatever and
supported that contention by the test
imony of three expert witnesses, DIR. L..
q. Armstrong, DR.. Ihos. McDermott
and DR.. G. A. Armstrong, who have
examined the leg since the accident
on two different occasions and found
it sound and well. In connection
with this testimony 6 Aother conten-
ton OF the city was hat coghie janus
ing. They attempts ! n their that
Mrs. Brindley was clpl il rneu-
matisnA, that her knees were stiff and
sore from that cause and had not
been sound and well for twenty years
and more, In this they did not sue
coed very well.
There was a long list of witnesses
and considerable conflicting testi-
mony. Attorneys Palmer and Bush
nell represented Mrs. Brindley, Paul
Never and w. f. Howe, the city.
The case was given to the jury at 6
O'Clock Tuesday evening. They
wrestled with it all night, and at
8 o'clock next day brought in ver-
dict for the city.
Following were the jurymen in the
case of Sarah A. Brindley against the
city of Boscobel: Thos D. Hunsaker,
Fennimore; Geo. F. Schaal, Jr., Wa
terloo; Charles Glass, Wyalusing;
Henry Smith, Potosi; Frank Placka,
Jamestown; Samuel Poland, Lima;
John Jones. Smelser; Archie Brown.
Waterloo; John H. Ralph, Hazel
Green; William Kaseh, Muscoda; John
Seipp, Beetown; Edward Bergheger,
Liberty.
The criminal calendar was opened
Wednesday morning by the trial of
William Holland for making an as
sault upon r. p. Holmes, OF Sitter,
with intent to do great bodily harm.
The attorneys in the case were Howe
for the state nd w. j. Brennan for
the defendant. The case was short
one and was given to the jury before
noon. They rendered verdict of
guilty as to the assault but acquitted
/ him of ..intent to do great bodily
harm" The sentence will be only a
Term in the county Jail.
The trial of VIM. and Ida Wads-
worth is now on. This is also short
case. 1t will be followed by the muir
der case against VIM. Holzer which is
of great interest and will no doubt
occupy the rest of the week.