Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-10-20

BUTLER COUNTY COURT.
Summary of the Proceedings at thu
Present Term

Summary Of the Proceedings at the
Present Term.
| Special to Times Republican.
Allison, Oct 20.--Four indictments
were found by the grand jury at this
session of court, one against Hugh
Wheeler. charging him with assault
with intent to MAIN and distigure, one
against Jerome V. Brown on the same
charge, and one indictment was found
against the two Jointly, charging them
with conspiracy to commit a felony.
One other Indictment was found
against James Caine on the charge Of
breaking and entering Il dwelling
house, he being the party who broke
into the Hendrich house in Jefferson
township last June, stealing clothing
and watches. The judge will prob
ably pass sentence today, he having
pleaded guilty. The cases of Brown
and Wheeler will not be tried at this
term.
Civil Cases.
Civil cases acted upon are as fol-
lows:
j. w. Best VS.. Richard Walsh of
GAINESVILLE, account, dismissed by
plaintiff.
u. III. Farrin vs. r. Van Gelder and
wife, collection of note. Jury trial. e.
H. Farren purchased property Of r.
Van Gelder about two years ago trad
ing him Missouri land, also taking Van
Gelder's note for $3.50, which Van Gel
der refused to pay, claiming fraud on
part of Farrin and that the quality of
the land was nisrepresented. The
jury returned a verdict for defendant.
Charles MARROW VS.. Michael McCor-
mic was another case tried by the jury,
and which occupied the attention of
the court for several days. The evil
dence shows that NARROW had rented
McCor1nicks place in Shell Rock town
ship under five year lease and had
made arrangements a couple Of years
before its expiration to go to his farm
in Dakota to his fall work. McCor-
mick, 1t is alleged, got out an injunc-
ton restraining NARROW from taking
horses and machinery from the place.
Later on while Mccormick was look
ing over his farm rented to NARROW
the latter threatened to assault at
which Mccormick started an action in
justice court. He failed to appear at
the time set for an action to recover
damages and accordingly brought suit
for $4,000. The jury returned YER
dict in favor of plaintiff for $3.50.
The action to collect account brought
by DR. A. O. Strout against Fl. F'roe-
richs is settled.
The equity case of New Hartford
State bank VS.. Phoebe j. Gowman is
settled.
Judgment was granted In the case of
John L.. Cole rs. John Skillen
The case of George j. Schoenhair VS..
w. A. and M M. Major is settled
The action brought versus Richard
Walsh for divorce has not yet been
tried, but the court has granted plain
tiff S125 attorney fee by consent of de-
PENDANT.
A decree is granted as prayed in the
case of p. j. McCauliff VS.. p. Lynch.
The case of William Benton VS.. John
w. Best to collect account is settled.
Decree Is granted as prayed In the
case of III. A. Foot, administrator OF
G. A. fiattliff vs. G. r. Cfsttliff and
others.
In the case OF ". IL Mason vs. r.
G. Carson and wife Judgment is ren-
dsred In accordance With report OF
arbitrators appointed
A number Of probate cases have been
disposed of.
The grand Jurors We're dismissed
Saturday night and the petit jurors
on Tuesday afternoon.