Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-12-22
eRlNNELL IN NEWTON COURT.
GrinnelI Lawyers and Rock Creek
Township Litisants Monopolize Bust
ness of Jasper County Court.

Y
1 Special to Times-Republican.
Grinnnell, Dec. 22.-The jury BUSH
mess at Newton the last week has been
practically monopolized by Grinnell
lawyers, the litigants coming from
the east side of this county.
] The first jury case tried was called
Monday afternoon. Warder, Bush
nell & Glessner Company VS..
Norris E. Phillips, of Newburg,
| d. w. Norris and Paul G. Nor
ris, of Grinnell and E. j. Talmen, of
| Newton, represented plaintiff and ]. p.
Lyman, of Grinnell, the defendant. De-
PENDANT had ordered a binder, agreeing
| to give his note unless the machine
failed to work well in one days trial.
well, and refused to give his note. The
suit was brought for the money equiv
alent of the note.
After the evidence was all in the
court directed verdict for Warder,
Bushnell & Glessner. because defen-
dant had failed utterly to prove any
facts constituting defense to the
written contract. There was a judg-
ment for plaintiff for $113.25 and
costs.
On Wednesday the case of Gertie e.
Adkins by next friend j. T. Adkins VS..
LATE r. Gilmore was called. The par
ties We're young people, but the par
ents, J. F. Adkins and Fred Gilmore
are among the substantial farmers of
Rock Greek township. j. III. Patten, of
Grinnell, and E. III. Hurd, of Newton,
appeared for plaintiff, and D. w. Nor
ris, Paul G. Norris and e. j. Talmen
for defendant The action for SANDER
grew out of idle gossip. Young Gilmore
had heard story or tale concerning
Gertie Adkins and her brother Lewis.
1t was told to him by Ed Elliott and
Elliott got it from some other boy. Ell
more, after being coaxed, repeated it
to his chums Fred and Lee Young. 1t
had in no way injured the reputation
of the Adkins children for the reason
that those who heard it dismissed it
as idle gossip. The trial lasted two
days and was holly contested and many
complimentary remarks We're heard as
to the way in which the case YVES
handled on both sides.
Defendant admitted speaking the
sianderous words, said he did it
without malice; that he
only repeated what he heard, and that
10 damage had been done. Knowing |
that there must be a verdict for plain I
tiff, he offered judgment for SIS.
The jury came in Thursday evening |
at p. m. and found for the plaintiff, |
and fixed the damages at 81 under the /
courts instruction. Whereupon the I
court rendered Judgment against I
plaintiff for all the costs, amounting to
about $3.50, which, under the circun-
stances was complete victory for de- 7
PENDANT.
Where the words are slanderous per
Sc, and are not denied, and an offer
made, a verdict for plaintiff of one
for defendant.
The next case was a Newton case,
and after part of the evidence was in 4
the court discovered that 1T was try
ing an equity case and not law case at
all, so the jury was discharged and
case continued
The case of Lewis Adkins by next
friend J. f. Adkins, VS.. LATE p. Gilmore
Is still pending, but it will probably
never be tried. The facts are the same
as in the case just tried.
The next case was also from Rock
Creek township, J. c. Keenan, vs. II. V.
Clutter; ]. P. Lyman for plaintiff and
D. w. Norris and Paul G. Norris for
defendant.
keenan, put 10 yearlings in Cutters
pasture in 1901. In the fall he picked
out his is head and drove them home.
They were not marked; they were
Shorthorn and Hereford grades. Jim
Frost put in Is jersey steers. When Il