Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-11-15
Jury in Wilson Fraley Case
Does Not Consider Plaintiff
Was Much Damaged
WAS IN SESSION ALL NIGHT
Members Stood Ten to Two for Ver-
dict for Defendants, But Could Not
Asree-compromise on Small Verdict
Costs Will Be Heavy-Defendant
Wins in Chamberlain Troutner Case.

The jury in the case of Arthur Will
son VS.. B. e. and j. D. Fraley, for mali
cious prosecution, in which the plaintiff
asked damages in the sum of $1,000,
brought In a verdict at 1880 o'clock
this morning in favor of the plaintiff.
His recovery was placed at 81. The jury
retired for It's deliberations at o'clock
Friday evening, and it looked for some
time as If it would again fail to agree.
Ten of the jurors stood for a verdict for
the defendants, but two held out for the
plaintiff, and a compromise was erect
ed, on the basis of as small a Verdlct as
possible. The costs on the two cases
will amount to several hundred dol
lars.
The case just brought to close has
been bitterly fought now for two terms
of court. The first hearing was at the
September term, when the jury disa-
greed. The second hearing was begun
three days ago and every little point
has been fought as if three might have
been thousands of dollars involved.
The case brought against the Fraleys
for damages had it's origin in the arrest
of Arthur and William Wilson, sons OF
Daniel r. Wilson, farmer living five
miles northwest of Albion, on the
morning of May 90 On the preceding
night the general store of j. D. Fraley
& Sons, Albion, was entered, and While
the thieves were at work they were
surprised by B. E. Fraley and Claude
Smith, who were returning to Albion
from this city. Smith shot twice at the
fleeing robbers, who managed to make
good their escape. 1t rained that night
and the tracks of a cart, thought to
have been occupied by the Wilson boys,
were followed to the Wilson home, and
on the morning of the 2t6h both Arthur
and Will Wilson were arrested, charged
with breaking and entering, upon an
information filed by B. e. Fraley. The
defendants were arraigned in the court
of Justice Robert Denbow, where they
pleaded not guilty, and asked time to
procure witnesses. The preliminary
hearing was set for the 9th, but before
it was called the case was dismissed
without prejudice. The action brought
by Arthur Wilson against the defend
ants was then begun and by the verdict
Of the jury he stands vindicated.
The principal testimony of the plain
tiff was to show an alabi, and that he
spent the entire night when the robbery
was committed at the E. +. I'olan home.
west of Marietta, where he was en-
ployed. The testimony of several wit
nesses went to prove that he had been
at the Dolan home all night.
The costs of the case. according to
the verdict, will have to be borne by
the Fraleys. but it is said by friends of
the latter that the end is not yet, and
that an action, not now contemplated
by the Wilson's, will be commenced.
The Chamberlain routner Case.
The case of Rhoda Chamberlain VS..
P. III. Troutner was heard by Judge
Burnham this morning and decided in
favor of the defendant. The action
was on a note for s145. given in 1895 by
Mr.. Troutner to J. D. Chamberlain, de-
ceased. Mrs. Chamberlain claimed 1t
had never beer paid, to her knowledge.
and Mr.. Troutner alleged tnat he had
satisfied the debt by labor, performed
for Mr.. Chamberlain during his life
time. There was a preporderance of
evidence to show that such was the
case, and the courts decision followed.