The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1903-01-30
VI I I LA I VI /
,1-t>-T5H1TI-@ r ~ 49, t,., ; ,.,.
After Being Out Nearly Six Hour.
Jury Bring. in a Verdict q: .:,:' =
. ~ :''S For Plaintiff.

s7ToE r'd'"'''''
= The sign case of E. J. >Helmick
came up before Justice Anderson
Friday morning, attorney J.. E.
Town Tor the village and E. C.
Wilson assisted, by G. M. tCrandall
for the defense. ~ ,''''- $S'''
After the : case was called Mr..
Wilson made a motion to dismiss
the case because the warrant or
complaint did not name party
plaintiff and that there was no
amount Of damage specified in the
complaint. After some argument
by both attorneys the motion was
over ruled. Mr.. Wilson took excep-
tions, and then asked for jury trial
which was agreed to. Here Mr..
Town stated the case was a civil one
and consented to q jury providing
the defendants would pay jury, fees
in advance. This was agreed to
and jury selected. Adjournment
was then taken to F. L. Humlston's
Office at one o'clock. 49,. %a".g 4
At the afternoon session the
following were selected as jurors
after the examination of twenty
three persons; P. G.. johnson, Andy
Dillman, w. H. Blair. G. G. Allen,
Bert Thurber, Jos. Firth, W. a.
Spong, J. K. Wilson, Fred Kuhl,
E. S. Smith and Fl. L. Fisher, we're
secured consuming an hour and a
half of time.
u Attorney Town, after stating what
they would show, offered the ordin-
ance in evidence. Objected to and
over ruled. E. E. Ventioner called,
and his evidence objected to by Mr..
Crandall. It was stipulated and
agreed, by the parties that all the
evidence introduced by the paintif
is objected to by the defendant on
the grounds no foundation laid and
the same is incompetent, irrelevant
and immaterial and that exception
is granted to the defendant in every
instance where he object is over
ruled without formal objection to
each question. Ventioner testified
to painting long sign for Mr.. Hell
mick also the small sign.
Deposition of Frank Lane offered,
objected as not proper and not
properly certified, over ruled. Mr..
Lane stated he sold the sign with the
restaurant to Mr.. Helmick.
A. R. Albertus called on being
asked his official position, same Oh
iections as before over ruled. Testi-
fed that he and Helmick talked
about taking down sign, would like
to leave small sign up, said would
take down big sign if council would
let him keep UP little one. He
appeared before council and made
request as above.
DR.. Gould called, talked with
Helmick objected to taking down
sign seemed willing to take down
large sign but objected to taking
down small sign. No questions by
defendant.
BIZ. Thurber called. He drew a
design Of Helmick's sign was 10 it.
9X16 inches long, having sign
about center of long design, width
isis SKIS inches 20 inches in
diameter, if one of the long bolts
break a little wind will blow it down
Saxon said could push sign over the
building, it will stand good straight
wind now, but if wind had a cyclone
tendency would raise sign. Exam
ined by Crandall.
A notice was offered showing that
Helmick had been served with a
notice to remove sign. Objected
to. such a notice was not necessary,
il was not necessary to serve a
notice that he was violating an
ordinance any more than in case OF
drunk. Plaintiff rests.
Defendant moves that case be
dismissed as evidence does not show
that Z. J. Helmick has violated any
ordinance; that ordinance does not