Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1900-03-15
FRAUD IS CHARGED.
Noble warrum Case Said to be Not
Yet Settled.
OTTUMWA WOMAN is INTERESTED
This is the Case in which Mary order,
ofThIs City. Recently Got u Yer.
dict for sls,O0O-lnterest.
ing Court News.

dict for $lS,OOO-lntcrest.
ing Court News.
From Tuesdays Daily.
The defense in the case of Mary E.
Order VS.. the estate Of Noble Warrum,
charges that the signature to the note
upon which 4 recent judgment was Sc
cured against the executor of the es-
state for the sum of $1S,500, is forged,
and set up that ground for a motion
for a new trial, which Captain w. II. G.
Jaques of this city, one OF the attor-
neys in the case, argued one day this
week in indianapolis, Ind. A hand
writing expert, Henry l.. Tollman, OF
Chicago, testified that the signature
was undoubtedly a forgery and if this
a be proven the fortune of this es-
fimable Ottumwa woman which she
ish into very thin air. A short history
OF the case was printed in the Courier
at the tilne the action was tried il
indianapolis. Mrs. Order claimed to
hold a genuine note signed by Warrum
inslST3, calling for the sum of $3.50
payable in sixty days after Warrum's
death. The latter died within the past
year, leaving a fortune, and suit was
Instituted by Mrs. Crider, to recover
the amount then due, which was $40,-
900, and engaged Captain w. H. C..
Jacques, with other attorneys, to prose-
cute her claim. The case was tried
and the jury gave the plaintiff judg-
1nent for $751; O0, which was subse-
quently added to and $500 more given.
The heirs of the estate are now seek
ing to have the verdict set aside and
for a new trial, claiming that they have
new evidence in the shape of testimony
It's the effect that the note is a forgery.
No claim of this kind was put forth
on the trial of the case and it may be
that the defendants have slept on their
rights unless they can prove beyond
reasonable doubt that their ground
is the discovery of new evidence. This
evidence includes the affidavits of hand
writing experts and persons acquaint-
ed with the writing of Noble Warrum,
that the signature to the note is a for
gerry and one of the afidavits is by
Henry Il. Tollman, the handwriting eN-
pert of Chicago, who gave testimony
In the Molineux murder case in New
York. Tollman says under the micro
scopesthe signature on the note shows
that it. is an alleged, traced, or simu-
lated signature, pieced or patched with
studied effort. He said he has no doubt
it lis a forgery.
Capt. w. III. c. Jaques is home from
Indianapolis, Ind. where he was call
ed to fight the defendants motion for
anew trial in the Order case. The
Captain says that the forgery idea was
sprung by the defense as a last resort
and that they would allege anything
In a motion for q new trial but when
ii came to proving that the signature
was and is a forgery, shat it another
matter. The defense filed a~fidavits in
support of their motion for a new
trial alleging that the signature is a
forgery and did not give the plaintiff
time to file counter affidavits. The
Captains visit was for the purpose of
Introducing documentary combative
Testimony which was done. The cap
tain expects that when the motion is
decided that the forgery idea will have
had the bottom knocked out of it.
Vacation Opinions.
Judge Roberts has rendered his opin-
ion in several of the cases submitted
to him in term time to be decided in
vacation. The first one that is of par
amount interest, perhaps, is the case
of John A. Strader VS.. Wapello Coun-
ty, which has gained some newspaper
1lotoriety by reason of the decisions
heretofore made upon the questions
OF the liability of the city for the
payment of assigned fees of election
officials who acted in that capacity at
the time the question was voted as
to whether Or not the people of this
city would vote a tax to help construct
the Ottumwa & Northern railway. The
plaintiff sued the city and was given a
Judgment in the justice court. The
defendants appealed to the district
court and the court declared that the
city was not liable. Next the plaintiff
filed a claim against the county which
the Board of supervisors rejected. Last
Nv he fled a petition in the clerks Of
flee suing the county for the amount
Of the fees of the election officials. At
the last term of court the cause was
submitted by agreement to Judge
Roberts to be decided in vacation. To-
day the court fled his opinion holding
that the county is liable for the SER
vices of the men on the board of reg
ing is the gist of the reasoning:
But. one question is involved and
that is SIS the defendant, (the county,
liable to members of the board of reg
istration for services rendered by them
MS such at the special election held in
Ottumwa May ~, 1899, for the purpose
of voting aid to the Ottumwa & North
ern railway company??" Section 1O76
of the Code provides that the board of
registers shall hold their Office for one
year and receive compensation an the
rate of $3.50 for each calendar day
engagedFin the discharge of their du-
ties to be paid by the county except
in the case of city elections whenfthey
shall be paid by the city. Elections
are divided by the code into three
classes-4general, city and special, each
of which the court in his opinion de-
fines. The court thinks that the
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