Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1903-10-08
Circuit Court Proceedings.

George Clementson, presiding.
In addition to the Iowa county mem
bers of the bar, the following nom
| resident attorneys we're present:
c. F. Buel, Madison; Herman Kline, Mil
waukee; A. W. Kopp, Platteville, Charles +.
| Osborn. Darlington; Vroman Mason, Mad
ison; NJ. j. Cleary Blanchardville, ID. j.
| Gardner platteville.
The jurymen weae called and The
following excused:
FAIRY Rule, Pulaski: John Theobad, Brig
ham; VIM. P. Gundry, David Brown. Jr.,
Alfred Penhallegon, all of Mineral Point
city; John Williams, VIM Filbach Eden,
7 J. Laughlin, Dodgevilie city, August Wat
apex, Highland, Thomas Thomas, Dodge
vile town,
The following jurymen were drawn
from the box to take the place Of
excused:
W. j, Goldsworthy, VIM. Croft, John Cham
ley, Fay Jacobs. all of Mineral Point city,;
Peter Schultz, Cobb, Joseph Whtford VALID
wick; Chris. Balbaum, Highland; Frank
Blynn, Arena, William Ellington, Wyoming;
Carl Grimsvedt, Wyoming.
The following cases were disposed
of:
The city Of Dodgeville VS. Jacob Starry ct
al w. II. Coyne for Plaintiff. Spensley &
McIhon for defendant. Continued by stip-
ulation OF parties
James Bunker VS. d. b. Hamilton Smoker
& Smelker-W. Il. Coyne. Settled, each party
10 pay his own costs except clerks fees and
case dismissed.
Richard NJ. Smith and Herbert n. Latin
as executors OF the last will and testament
Of John NJ Smith, deceased, VS. Lavinia
Strachan Fielder and Fiedler-Spensley &
McIlhon Jury waived and case referred to
Judge jerks TO take testimony and report
his findings OF facts and conclusions Of law
Mishawaka Wooden Manufacturing COM
pany VS.. :. Niedmeyer. c. 4. Buel-Smelker
s. Smoker, Demurrer to answer sustained
and 90 days leave to amerd granted,
John kim, Jr., and Henry ovitz VS. First
National Bank OF Mineral Point, William b.
Dave and Alfred Richards. Fielder Fielder
for plaintiffs, Spensley & Mcllhon for Bank
Smoker Il Smoker for Dave Il Terrill, and
Herbert Kline for Alfred Richards, for de-
PENDANTS. This is an action brought by The
plaintiffs Kim Ovitz to recover from the
First Nationul Bank OF Mineral Point the
sum of 81 900, being the sum offered by the
bank as reward for the arrest and convlc-
ton OF the burglar who broke into the bank
and stole upwards OF $4,000. The defend
ants Dave, Terrill and Richards also claim
ed to be entitled to portion OF the reward
and as the bank could not determine who
among the many claimants should receive
the reward, paid the 1000 into court, ana
as Dave Terrill and Richards claimed an
interests in the reward adversely to KIM *
Ovitz, the court ordered that they be brought
in as defendants. The case was the first one
tried at this term, and as the bank had paid
the money into court it took no further
action in the proceedings. A jury being
waived the case was tried by the court, and
Judgment rendered that the plaintiff Ovitz
is entitled TO the whole Of the reward
Alice Cape ct al. VS. Plymouth Congregation
al Church ct al. Spensley & Mc1lhon and
Carter & Mason for plaintiff and Aldro jerks
and Smoker & Smoker for defendants Atfi-
davt filed by plaintiffs for change OF
venue and Judge Clementson viii call In
some other judge TO try the case at this term
of court but IL no other judge can be pro-
cured then case Will have to be continued.
State of Wisconsin VS.. William Eibhorst.
J. j. Fielder for State. A. w. hopp Tor de-
PENDANT Settled by stipulation Of parties
State OF Wisconsin VS. Martin Larson. J. j.
Fielder for State. Defendant arraigned in
conrt, plea of insanity entered. After testi-
mony defendant committed to state insane
asylum at Mendoza.
State of Wisconsin VS.. George Brandt, two
! cases for murder J. j. Fielder for State,
Smoker & Smoker for defendant. Defendant
arraigned in court and plea of insanity enter
ed in both cases, and court ordered plea of not
guilty entered.
Peter J. Morris VS.. Daniel Collins and Eli
zabeth Collins his wife. and Daniel Collins
Jr. Richard Carter, attorney for plaintiff
Judgment for plaintiff for foreclosure OF
mortgage and order of sale of the premises.
State of Wisconsin VS. Charles II. Huma-
SON. j. j. Fielder for the State, and d. j.
Gardner for defendant. This was a prosecu
ton for embezzlement in which the defen-
dant was charged with the embezzlement of
the sum of $500 while acting as the agent of
the jenkins Eastman Lumber Co, at the
village Of Rewey. On being arragned in
court and hearing the information read to
him. he pleaded guilty to the charge, and the
court. after hearing the statement made by
the defendants attorney in his behalf. asking
leniency OF the court, sentenced him to the
state prison at Waupun for the term Of one
year at hard labor during that term. with the
exception of one day to be spent in solitary
confinement.
Joseph LaBounty VS.. The City of Dodge
vile. Smoker & Smoker for plaintirf, W. II.
Coyne for the city. This was an action brought
by the plaintiff against the city for the sum Of
s.. 900 for an alleged injury he claimed TO have
received to one Of his hips by falling down on
Fountain street by reason Of defect in the
highway. The case was tried by jury and a
special verdict rendered to the effect that the
travelled part Of Fountain street. at the time
and place whore the plaintiff fell. was in a
reasonably sufficient and safe condition for
travel on foot This was the second trial Of
this case. the jury having rendered q special
| verdict in the first trial. which was sci aside
| by the court ard q new trial granted
Martha c. Floss VS. William stephens.
| Smoker 6 SmeIker for plaintiff. Aldro jerks
| for defendant. This was an action brought by
| the plaintiff for $1,000 damages which sine
| claimed for alleged criminal conduct toward
| her by the defendant The case was tried by a
| Jury and a verdict rendered for the defendant
| 6ndint, him moi guilty This was the second