Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-12-07
Judge Burnham Concludes
Lengthy Term of District
Court Saturday
CASES UNDER AMUSEMENT
Unfinished Matters, Brought Before the
Court Within the Past Few Days, Are
Withheld for Decisions-Echoes of
tho carmean case-Transcripts Or
dered in Mat Case.

Judge Burnham adjourned the Octo-
Der term OF the district court Saturday
afternoon, and this morning went to
Toledo to take up the work of the De-
cember term of Tama county. The
Tama county court was commenced
last week. but Judge Burnham had
several matters to hear In this city be-
fore entering upon the more important
work in Tama county.
Echoes from the Carmean case have
been placed before the courts attention
in a motion to retax costs, made on the
part Of the defense and an inquiry.
from the Kratzer Carriage Company.
of Des Moines, for the transcript OF evil
dence as given by Mr. Garner one OF
the witnesses for the defense. The
motion TO retax costs is point on
which the court has not yet given a
decision. The defense asks that the
court instruct the clerk to pay trav-
cling expenses of witnesses at the rate
of 10 cents per mile. from the point
where the suhpoenas show they accept
ed service. The clerk refused TO do
this in two or three instances, where
1t was known that witnesses came from
points not far distant, yet their sub
poenas showed they accepted service al
points In other states AS the differ
ence is pretty big Item, Deputy CLERK
of Courts Canmack did not see fit tc
pay until the court should rule on the
matter, and this the defense asks. A.
the expense all falls on the state the
clerk feels 1t dshould be minimized as
much as possible.
The other after feature of the case Is
the request of the kratzer Carriage
Company, OF Des Moines. for trans
script of the evidence OF Mr.. Garner,
who was one of the witnesses for the
defense whose testimony went T.
show the manner OF doing business IL
vogue by other carriage companies. TIL
Des Moines concern wants to know ex
actly what the witness testified to,
and will bear the expense of court re-
porter Healion in furnishing it Will
the evidence as 1t was given.
In the case OF Margaret A. Pence. ct
AL, VS.. Mary Il. Pence, which occupied
a portion of the courts attention FRI
day and Saturday, the plaintiffs sub
mitted a decree which the court took
under advisenent. The plaintiffs ask
that the property of the late Jacob b.
Pence be partitioned and sold. and thai
an equitable division be made among
the heirs. They also ask that the de-
fendant pay rent on the homestead,
which she has been occupying. and that
from the amount paid in shall be de-
Quoted her equity of one-third.
Judge Burnham, in the district court
Friday. ordered the transcript prepared
In the case of the McNeely Flat Wire
Mat Company vs.. the Flexible Fiat
Steel Mat Company, which was tried
at the present term of the district court.
The argument of the case was con-
tinued until the transcript can be
placed in the hands OF the attorneys
and the court Judge Burnham will FIX
a time and place for the argument,
which will probably be at Vinton dur
ing the January term Of the Benton
county district court. Judge Burnhan
may possibly come to this city between
terms, some time during the winter. to
hear the arguments.
The three cases against Mary Stotts.
ct al, in which E. D. Mineah, John
Peterson and E. p. Cross are plaintiffs,
we're also taken under advisement.
Each suit is for foreclosure on a me-
ehanic's lien.
Jude Burnham granted decree In
the case OF Annetta Vanderberg vs..
Thomas w. Vanderberg. in which adui-
terry was made the ground for divorce.
The next term or court will begin
Monday, January IL, Judge Caswell