Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1899-10-25
District Court Proceedings.

Court convened Monday morning per
adjournment taken Saturday evening.
b. Ilibbs ct al. as the Nez Perez Real
Estate Co., plaintiff, VS. II. b. Henley
This is case on appeal from the Justices
court, wherein the plaintiff sought TO
| collect commissions on real estate sale.
The motion was argued before the court
by the attorney for respondent for a dis.
! missal Of the case, which was taken un
der advisement by the court.
| Jesse Tallant by his guardians, NJ. l..
| Goldsmith anu Martha Tallant ct al,
plaintiffs, VS. Elizabeth White, cxecutrix
o. the estate OF d. NJ. White, deceas ID,
/ +. O'Neill testified on behalf Of the plain
tiiis and documentary evidence was also
offered, and upon motion of T.. O'Nciil,
attorney for plaintiffs. the court ordered
Judgment to be entered in favor of the
/ plaintiffs in accordance with the prayer
of the complaint.
State of Idaho VS.. Billy Smith The
defendant was charged with the stealing
OF COW on the reservation, the property
of Lille Vilcs, aud disposng of the same
to butchering firm at Spalding. Smith
set up defense that he was given the
privilege by Vim. Craig, Mrs. Viles SON
in-law, if he found the animal, which
] was an cstray, to turn the same into the
butcher for beef, which he did Prose
cutting Attorney Danford appeared for
the state and Attorney James w Reid
Tor the accused Lille Vilcs, Joe Ziver,
VIM. Craig and NJ. II. S.one testified on
behalf OF the prosecution and the tlelcn-
dant, Fred Smith and Court Clerk
Stookey for the defense. The following
jurymen, after being out an hour and a
half Monday evening, returned verdict
OF not guilty, signed by Roy w. Adams
as foreman, J M. Williams, NJ. n. Nye,
A. w. Sweeney, w. r. Wyatt, J. W.
Thomas, A. Sc iiebe, NJ Beechler, Chas.
i McCready, ]. w Crabb, G. w Gilmore
and John Springston.
Kettenbach VS. Evans ct al, involving
a sum of money alleged due the plaintiff
Defendants yesterday filed their answers,
which will be verified later.
First National Bank of Moscow VS..
Isaac |. Bellows ct al an action for the
collection OF money due on promissory
note. Default was entered and proof
taken. whereupon the court ordered
Judgment entered.
Potts VS., Porter, involving The posses
sion of several thousand feet of logs that
are under attachment on the upper Clear
water river. Defendants filed an unvcri-
fed answer to the complaint
; John Claussen, charged with assault,
with deadly weapon with the intention
of doing great bodily injury to l.. w.
Clark, in May last near Morrow, was put
on trial yesterday and found guilty of
; simple assault. Prosecuting Attorney
Dantord appeared for the state and X. +.
Mcfarland for the accused The defen-
, dant, X. T.. Anderson, II. Dixon and
Chas, Robinson testified on behalf of the
defense, while l.. W. Clark, the prose
, cutting witness, and VIM. McCuppn tes
tilted on behalf of the state. The alter
cation arose over the storing OF some hay
in barn owned jointly. Clark alleged
: that Claussen struck him several times
I with hammer, while Clausseu alleges
that he struck him in self defense after
| Clark drew pocket knife on him.
The following twelve citizens acted as
)uiynier; Peter l., Fike, J. w. Thomas,
, G. S. Billings, j. NJ. Williams, C. W.
, Gilmore, Matthias Beecher Roy W.
Adams, John +. Springston, w. w,
Whitinger, Geo. A. Frost, A. Shiebe and
Chas. MeCready. The court annouced
this morning that he would pass sentence
upon the defendant Saturday morning
next at 9 a. m. During the interim
Claussen is at liberty on $1,000 bond.
As we 60 To press the case Of Emery <
Elliot VS.. Collins was called which is a
jury trial. Some trouble is being ex.