Omaha daily bee., 1903-05-26
WIVES ON TWO CONTINENTS S
One Deserted in England Brings Suit "a
Recover Share of Property,
DISCOVER FLAW IN olEo INDICTMENT
Alumni Association of Ames College
Endorses Pref. stanton for Va
cant Presidency of the
College.


the supreme court today, when oral argu-
| ments wese heard in the case OF Susanna
CaslCy against B. F. Mitchell, from Calhoun
county. involving the disposition of the cs-
| tate Of the late John Wallace OF Rockwell
| City. When Wallace dieu and the estate
| had been settled up Susanna Casley of
! Cornwall. England. set up claim TO a
third interest in certain lands sold to
| Mitchell. She claimed she was the lawful
wife Of Wallnce and that hts name was in
fact Casley. and that after their marrisge
| in the little town Of st. Just, Cornwall,
about thirty years ago, Casey left and
came to the United States. He was a coal
miner and worked in Pennsylvania, then in
Colorado in the silver mines and later in
southern Iowa and then near Des Moines.
wallace and his wife, to whom he was
married in Pennsylvania, finally removed to
| a Calhoun county farm and later retired
and moved into Rockwell City. They were
prominent In business and In the church.
| The discovery that Wallace's real name
! vas .Casley and that he had a wife still
| living in Cornwall came as great shock
to the people who had known him in his
later days. but she proved her case TO the
satisfaction Of the lower court and I'm APP
peal was taken. Mrs. Cesley had lived in
poverty since her desertion many years
| ago, and she now stands a show to get
! some small portion of the estate.
The supreme court divided today on an
| important matter, that of evidence regard
| ing due diligence and care in accidents. In
the case OF Ames against Waterloo & Cedar
Falls Railway company, the question Of
recovery for fatal accident turned on
whether the person killed was exercising
due care at the time he stepped in front OF
| street car. The court in an opinion pre-
pared by McCiain declared that there was
| evidence in the case on this point, but not
! to show that he was exercising care. and
The lower court properly directed a verdict
| for the defendant. Two members of the
court, Weaver and Deemer, took the view
that because the street car was moving at
an illegal rate Of speed the case should
have gone to the jury. and there should
have been a presumption that the man was
using due care
The following were the decisions of the
supreme court rendered today:
A. J.. Cole, appellant, against John John
son; Hancock county, Judge Clyde: af-
Martin Riley against ]. i. Bell. appel
liant; Adams county. Judge Towncr; at
Mallory Commission Company, appellant,
against r. M. Elwood: Jones county, Judge
George w. Borden against T. q. Isher
wood, appellant; Linn county, Judge
W. A. Campbell, appellant. against Mary
e. Shaw; Wright county, Judge Weaver;
Marion Ames, administrator. appellant.
against Waterloo & Cedar Falls Rapid
Transit Company; Blackhewk county,
Judge Platt; affirmed. by McClain; dissent
by Weaver and Deemer.
Flaw In oIeo Indictment.
Judge Given in the district court has
In hA NJ the
viction Of the Armour Packing company
for illegal sale Of oleomargarine, because
OF the discovery that the indictment was
defective in that the name of the person
to whom the oleomargarine was sold was
not included in the indictment. This will
! necessitate reference back to the grand
jury for correction and a second trial In
all other respects the district court has
I sustained the position of the county at
torney and the state dairy commissioner
who brought the prosecution The Anal
| settlement OF the matter will therefore
be delayed until fall There are twenty
seven licensees engaged in selling ole D.
! margarine in Des Moines and over 900 in
the state. The Armour company is said
| TO be doing most of the business and to
have backed up the dealers in fight to
test the law Samples have been sub
| Ihlbled 70 NIc HNdlC Ohhg NOiAiA.llSSlohCA Aot
him to declare whether the samples are
forbidden by law but he has declined to
issue any certificate and some OF those
who have been selling are going out Of
the business for fear Of extensive prose-
outions which are threatened.
Favor stanton for President.
The alumni association of the Iowa Az
ricultural college at a meeting Saturday
elected G. w. Gait Of New York president;
Miss Fleming OF Ames, secretary; Herman
Knapp of Ames, treasurer and Mrs. Stan
ton. historian. The association passed res
olutions eulogistic of the late President
Beardshear. The resolutions also declare
that I'VE believe the original and true
| conception Of the college and It's purposes
was broad and liberal, and we vigorously
| oppose any disposition TO make the agri-
| cultural department the only department
| retiring other departments to minor places,
or favoring any department TO the detri-
| ment OF any other; but that TO maintain
| the acknowledged -eminenee OF the ag-
ricultural education in the college, neces-
| stating the coordinate advancement of the
scientific engineering, veterinary and
other departments" The resolutions also
strongly indorse the candidacy Of Prof.
Stanton. acting president. for president OF
| the college.
For Murder of YOucker.
The trial Of Ed Puckett for the murder
| OF Alex Youcker is in progress in the dis
trict court. The skull OF Youcker, or a
portion of II, is in evidence In the case,
and It shows that the skull was broken
and a triangular piece Of the bone broken
out. The claim was made by Puckett that
| he struck Youcker blow on the head with
his fist and did not use any other weapon,
but the condition OF the skull makes this
defense weak and there is a certainty that
Puckett will be convicted. Youcker was
an itinerant horse trader who got into a
quarrel with Puckett over horse and
| a hsht followed
Dog Attacks Child.
EXETER, Neb., May 25-Cspscial.)-
Great excitement prevails among the people
Of Bluevale, a small country settlement
| al fan, hATe A r.