The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1904-12-14
YAKIMA. WASHINGTON, WEDNESDAY, DECEMBER H. 1904.

Blanche McCallum in the kangaroo
lodging house on the 25th day of May
1903; in the smallest matters. however
the doctors evidence was the same a.
Shat given before the justice in the pre-.
urinary, and throughout it corrobjr.
ated that of the other witnesses. The
evidence was expert tr the greater
part He said that re hydrostatic
tests all showed That the body whicn he
took from the Schanno ditch had been
born alive, but that it had died before
being placed in the water; that is. its
death was evidently not due to drown
ing. There was nothing to indicate that
it had bled to death. Asked if the BODY
ne examined could not have been in
the water for four months. he stated
emphatically that such Il thing would
have been impossible.
At noon today court took an adjourn
ment to 2 o'clock in order to allow the
jury to visit the culvert over the
Schanno ditch, where the body was
found.
The damage suit of c. w. Grant
against Tenant & Miles was tried Mon
day, the jury after wrestling with the
matter from two in the afternoon until
after midnight, returning verdict for
the plaintiff in the sum of 81. This suit
was brought to recover damages for loss
claimed to have been sustained by Mr..
Grant on account of the Orpheum thea
tres starting up within the time he al
leges the proprietOrs agreed to remain
| out of the threatre business when they
| sold the Edison theatre to him. Will
Thompson represented Mr.. Grant. The
defendants alleged in their reply that
they did not agree to remain out of the
threatre business for any length of time
and denied that there was any contract
or agreement to this effect. Miss Or
cult, an actress formerly with the Edi,
son swore that the plaintiff told her he
had no contract with defendants, but
assumed that they would not start an
opposition playhouse. Chas. Z. Forsyth
ably represented the defendants. His
arguments were listened to with much
interest, as this was the first case in the
Superior court of Yakima county in
which he has appeared. although prae
titioner for twenty years in the courts
l. -
of Buffalo, N. Y. The case was stub
/ borply contested and it is UNDERSTOOD
the defendants will appeal.
Last Saturday Judge Rudkin decided
that Carrie A. Krutz VS.. Washington IT.
rigation company had no cause for ac
ton. The plaintiff was suing to re-
cover for the failure of the company tc
furnish water for the land of the plain
tiff amounting to about $50 acres under
the Sunnyside canal. The company put
up the defense that plaintiff refused tC
pay back water rent and in consequence
the water was turned off the land il
question The plaintiff will take an APP
peal.
\ verdict for the defendant was rem
dered in the case of II. b. Scudder vs.
Joseph Schreiner for commission fol
an alleged sale of land. Mr.. Scuddei
put up the complaint that he procured
a purchaser for the land of the defend
ant, namely. Jonathan Baldwin, who
paid something over $4,000 for the
place. Mr.. Schreiner says that Mr.
Baldwin came to his place without the
influence of the plaintiff and Mr. Bald
win testified to the same thing.
In the suit for damages of d. Dayreau
VS.. W. W. Pettijohn the jury returned
a verdict for the defendant This was
an action for damages for failure tc
carry out a contract.
A verdict for the defendant was also
rendered in the case of r. O. Smith VS.
L. ID. Lape. The plaintiff claimed a com
mission for selling the land of the de-
PENDANT.
A verdict of guilty was rendered in
the case against Charles Russell and |
w. Parks, who We're tried Saturday on
the charge of robbery. H. II. Neal. the
blacksmith, was their victim. They
had been tried the week before on the
same charge. but the jury disagreed.
| In the civil case of Shearer & Will
liams against p. Oliver for damages a
verdict for the defendant was rendered
The plaintiffs alleged that the defend
ants permitted his sheep to Craze on
their land and that they were thereby
damaged to the extent of $3.50