Omaha daily bee., 1899-10-07
Jury in Beck Damage Suit Returns
Verdict for Defendant.

Jury in Beck Damage Suit Returns
Verdict for Defendant.
The trial OF the Beck damage suit against
the Omaha & st. Louis railway in the tederal
court was brought to close yesterday morn
ing. Judge woolson sustained the motion
of the railway company to take 1t from the
jury and instructed a verdict for the de-
fendant The motion was based on the
grounds that the evidence showed contrtbu-
tory negligence on the part Of Beck. The
suit was for 900 damages for the killing
Of Christian H Beck at Poney Creek cross
ing, on the defendant company's line, In
August, 1898. Fred Beck, administrator OF
the dead mans estate, was the plaintiff The
only witness to the accident outside the
train crew was man named Damitz one
OF Beck's neighbors. Damitz was driving
Immediately behind Beck and his testimony
showed that when Beck noticed the train
approaching he whipped up his horses and
attempted to cross the tracks ahead OF the
train. The engine, however, struck the
wagon, killing him Instantly. An interest
ing ooinci ience Is that several months after
Beck was killed. Damitz, while crossing at
the same point was struck by a train his
horses being killed and his wagon smashed
to kindling wood, but he himself escaped
without injury. The crossing has always
been regarded as a most dangerous one and
has been the scene of several accidents.
A motion for a new trial was filed in the
case of j. A. Flory against Henry & Spence,
in which verdict was returned for the plain
tiff few days ago. Arguments on the
I motion will be heard by Judge Woolson at
Des Moines after the close of the term
there.
jury was impaneled in the damage suit
of Matte ]. Clark against A. A. Clark and
a continuance then taken until next Wednes-
day morning. In this case Miss Clark asks
for $4O,O 900 damages for an alleged assault.
The rest of the trial jurors we're dismissed
for the term
| At the afternoon session Judge Wooson
heard arguments in the matter OF the Grantz
| & Gloe bankruptcy case, the question in
| voved being the disposition Of the assets of
| the bankrupt firm. Prior to the filing OF
| the petition in involuntary bankruptcy
| against Grantz & Goe. an implement firm
| Of Walnut, by part of the creditors Of the
| firm, other creditors among the number
! being Deere, Wells G. Co. of this city, had
instituted attachment proceedings and Sc
| cured the appointment of receiver by the
| district court. In the bankruptcy proceed
| ings w E. Haverstock of this city was ap-
| pointed trustee to take charge of the firms
| assets. He found, however, that portion
| of the assets were in the hands of the re-
| ceiver under the district court and the re-
mainder tied up by attachment suits. He
| Immediately petitioned the federal court fol-
, an order to give him possession of these as
| sets so that he might dispose Of them under
the provisions of the federal bankruptcy
! law. The ground upon which this petition
! was based is that the federal court has sole
jurisdiction over the assets Of those who are
brought into the bankruptcy court.
Deere, Wells & Co. and the other creditors
who instituted attachment proceedings de-
MED the right Of the federal court to dis
solve or set aside any proceedings or actions
between citizens of this state that were al
ready pending in the district court at tn,
time the bankruptcy suit instituted
They alleged that the district court had full
jurisdiction of the attachment suit and tina
there is authority in the federal cour
to set aside or amend the proceedings.
Judge Woolson took his decision under ad
visement and, after adjourning court unit
next Wednesday, left for Chicago last even
ing, where he will take in the fall festival
He was accompanied by Judge Sanborn O
the circuit court of appeals.