The Lewiston teller. (Lewiston, Idaho) 1900-1905, 1903-04-21
IN THE DISTRICT COURT
Vollmsr-Beach Case on TriaI-S9.O0O Asked
for Removal OF Porch-O Other Cases Decided
and Set for Trial


for Removal OF Porch Other Cases Decided
and Set for Trial.
The district court opened Monday with
the case of the First National Bank VS.. r.
c. Beach, damage suit growing out OF
the action of the city council in removing
the porch from the Vollm building in
June of 1902. r. c. Beach was at that
time mayor of the city of Lewiston and
authorized the city marshal in conformity
to the ordinance to remove the porch.
A suit was instituted against Mr.. Beach
by the First National Bank asking $4,000
damages for the bank and IS 900 for John
7. Vollmer & Co. The case has attracted
much attention and the hest legal talent
is em9loyed in fighting the issues. G. w.
Tannahill and James +. Babb represent
the plaintiff and l. N. Smith and T. B.
Dozier the defendant. Following is the
jury selected yesterday. Gus Thiessen,
VIM Peden, + F.. Walker, William Hen
Erickson, Geo. w. Woods, Francis M
Hartley, w. r. Gibbs, George C. Ed
wards, Albert Sogard, Walter Tarry, John
Wilcoxep, Austin Justice.
The damage case of Jv-J. Hirselberger
VS.. L. Schumacher was submitted to the
jury Saturday after being on trial for two
days. This is case of damages for ma
licious prosecution growing out of the ar
rest of Hirselberger for committing an
assault on Shumaker. The damage asked
was IS 900. The jury gave a verdict in
| favor of the plaintiff of 81 and costs. The
parties to this suit have two other cases
| on the calendar this term. The Hirsel.
bergers are suing the Shumakers for $Io-
600 for defamation of character and the
Shumakers are suing the Hirselbergers
for the value of three cows and damages.
The litigants are residents of the Rimrock
section of the country. The following
cases have been continued for the term:
We-yan-tul-we- mummy, ct al, VS..
Northern Pacific Railway company, ac-
ton for damages, growing out of the
death of Luke Williams, an Indian, who
was killed in Lewiston on October I2th
last by being struck by Northernpaci6c
train. The plaintiffs in the case COM
prise the relatives of the deceased Indian.
James T Smith against Northern Pa
cific Railway company, an action for
damages, the plaintiff alleging injuries
from being struck by train.
Sanders & Allen VS.. Phoenix Assurance
company, an action on contract.
The case of A. T. Spotlswood and Fred
Veatch VS.. ]. B. Morris, administrator,
was placed on the calendar yesterday. In
this action the plaintiffs are seeking
commission on real estate deal.
In the case of the Buffalo Pitts Co. VS..
Fl F. Coney ct al, a default was entered
as TO w. S. Stone. one of the defendants
The case of the First National Bank VS.
Mary f. GODDARD, wa dismissed on mo-
tion ot plaintiff.
In the case of Michael Lydon VS.. City
of Lewiston, default was en.ered a to
Janet Il. Roberts.
In the case of X. III Bole VS. r A
Langford aid F. J. Boston, the case was
continued for the term at defendants
costs.
l.. A. Porter VS., the Lewiston Sawmill
Co. was set for trial April a. and Leon
ard Shumaker VS.. J. ] Hirselberger set
for April 27.
Information was filed by the county at
torney against George d Campbell and
Charles Parrish, the parties recently
bound over in the probate court for bur.
glary. They were arraigned this morn
ing and will be given trial this term of
conrt.