Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-09-15

After celebrating one hour and a
half late Friday the jury in
the case of the State VS.. Harvey Pea
returned verdict of not guilty. Pea
was held on the charge of assault with
intent to commit murder. He was ar
rested on the afternoon of July 20 at
Eddyville after fight with the Off
GERS in which both he and his partner,
VIM. st. John were wounded. St. John
afterwards died in the Ottumwa hos
pital of lockjaw. Pea was bound over
to the grand jury on the charge of at
tempt with intent to inflict great bodi-
ly injury. The grand jury, however,
returned an indictment on the more
serious offense. Pea was defended dur
ing the trials in the justice court and
afterwards in the district court by
Work G Work. County Attorney Cor
nell was assisted in the prosecution
by Attorney W. r. Nelson of Eddyville.
Suit for Damages.
A suit was filed in the district court
late Friday afternoon by Claude
in the sum of 81 900 from Cyrus Arm
oIioil5 anu hdI sdlGI taiIuStIOlS. liz ilio
petition states that in June 1900 the
custody of his minor son, Cyrus War.
rem, was given to the defendants. He
states that on July %. 1908, Judge NJ
A. Roberts, who made the previous rul.
ing, granted him the custody of the
child. He states that the defendants
violated the first order of the court in
removing the child to Oregon, and VIC
lated the second order in refusing to
give up the custody of the child. He
states that he has been damaged to
the extent of $1,000 by the actions of
the plaintiff. He asks damages In
that sum and prays that a writ of at.
tachment be issued in the sum of ST.
900 against the propertv of the defend
ants. Judge Vermilion ordered that a
writ of attachment issue to cover the
sum of $500.
Fielder Case on Trial.
The Injunction case entitled Frank
Fielder VS.. Mrs. Sarah Light was be
gun Saturday. The case was
brought against the defendant to re
strain her from removing the body OF
the father of the plaintiff and defend
ant, the late Isaiah Fielder from the
Ottumwa cemetery. Witnesses were
being examined when the court ad
jOurned at noon.
Asks Damages.
Attorney Chester w. Whitmore oil
this city. filed yesterday in the district
court at Abba a suit for damages in
| the amount of $4,000 against the Chi
cago & Northwestern Railway Co. for
his client, Samuel L. Graham, father
of the late Roy Graham, and admins
traitor of the estate of the deceased
man. The tragic manner in which Roy
Graham came to his death will be re.
membered by many Of his friends in
this city. In the petition Attorney
Whilmore states that Roy Graham
boarded G. & N. w. train No. / on the
ley avenue station in Chicago for the
purpose Of going to DeKalb, ILL.,, that
the coaches used by the defendant
were negligently equipped with narrow
vestibules and that there was no no.
tice of warning that said steps on yes,
thule were not to be used in boarding
the train, and that after the deceased
| boarded the train it was found that
| the yestibule door on the coach on the
| steps of which he was standing was
by defendant negligently shut and fas
tened so as to bar deceased further
entrance into the train, of which con-
| dition, the deceased had no previous
knowledge and to which condition the
defendant owed him the duty of warn
| ing or notice. BY reason of the oper
atives of the defendant road not pay
| ing attention to the means the deceas
| ed took to attract their attention, he
was carried against support of the
| Kenzie avenue, (Chicago) viaduct
which support was negl1gently allowed
| to stand in dangerout proximity to the
| track, and in this manner he was
brushed from the train and killed BY
reason of this, the damages in the sum
of $4,000 is demanded. Attorney N. e
Kendall of Abba will assist Mr.. Whit
more in the case.
|