Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1905-03-18

Man Convicted of Murderous AS
sauIt Sentenced in Cir.
cult Court.
VERDICT HELD TOBE REGULAR
Case Will Be Carried Higher - Cox
jury Makes an
Error.

Alvin Farmer was sentenced to the
penitentiary by Judge w. H. Gest in
the circuit court this morning. Farmer
was convicted of an assault with intent
to murder Jack Mcfarland, proprietor
of saloon at Third avenue and Twen-
ty-first street. at whom he fired re-
volyer during a quarrel last fall.
MCFARLAND was not hit. but he testi-
fed at the trial that doubtless he
would have been had he not gotten
away from Farmer by secreting him
self in another room, his assailant hav-
ing followed him with the evident pur-
pose Of firing on him a second time.
Two Counts In Indictment.
There were two counts in the grand
jury indictment. the second charging
assault with intent to commit bodily
| injury. This offense is punishable by
Jail sentence, while the first is a
felony and punishable by a term in
the penitenuary. The jury that tried
Farmer found a verdict in accordance
with the findings of the indictment. ].
F. Witter, attorney for the defendant,
set up inconsistency and insufficiency
of the verdict, and moved that his eli
/ ent be discharged This was overrul-
ed, the court holding that the verdict
was good, as the two counts were in
cluded in the one offense. Mr.. Witter
served notice of an appeal to the SUI
preme court. Farmer has served
term in the penitentiary.
Wrong Verdict IL Signed.
In the case of James Cox for 81 1000
damages against the Chicago, Milwau-
kee & st. Paul railway for loss of the
services of his son, Burt, who was in
jured in collision of two handcars at
Hampton, the jury yesterday afternoon
returned verdict awarding the plain
tiff $3.50. In the instructions to the
jury there are always two forms of
verdict-one finding for the plaintiff
and the other for the defendant. In
the instructions in this case the form
for the plaintiff was first, both being
on the one slip of paper, with not
enough margin between them to allow
of the affixing of the signatures of the
| u jurymen.
Defendant Winner for the Moment.
The latter thereupon signed their
names at the foot of the paper, making
it appear to the clerk that the verdict
was for the plaintiff. and he so an
nounced. w. r. Moore. attorney for
the plaintiff. left the court room in
great disappointment, for he was con-
| fident of a verdict for his client. He
was waiting for a car at Fifteenth
street and Second avenue when a bail
/ if called him back to the court room
/ to receive the news that an error had
/ been made. 1t was noticed that there
was confusion among the jurors when
the verdict was read by the clerk.
! When the court asked them if that was
their verdict their foreman replied that
it was not. Then the mistake was ex.
planned, and they were sent back to
prepare the verdict in proper form.
DEGREES In Divorce Suits.
| Judge Gest this morning entered de-
crees In three divorce suits in which
evidence was heard Saturday of last
week-Rice VS.. Rice, Noeman VS.. Noe
man and Whittier VS.. Whittier. in each
OF which the wife was complainant.
Trial List For Next Week.
The following trial list for the week
commencing next Monday has been
arranged:
Monday, 1872, Lee VS.. Republic Iron
I & Steel company; 1874. Cox KS. c.. NJ.
& St p. railway company; 671h Stur-
gis, Cornish & Burn VS.. Cornish.
Tuesday-104, Hosford VS.. West
124. Dwight Bros. Paper company VS..
/ Bronson; 1876. Bradner. Smith & Co,
VS.. Moline Printing company; ITO
| Lynch VS.. McEIroy; II. SchneH VS.
| City of Rock Island; 142. Bledsoe VS..
/ Tri-City railway company.
Wednesday - IA, Murdoch VS.
/ Moore; 157. Bivans. VS.. c.. B. & Q
railroad company. ct al; $50, Sullivan
VS.. city of Moline; 161 Hemmingson,
VS.. Clark Manufacturing company ct
al.
! Thursday-164. Herbert VS.. D.. r l.
& n w. railway company; 165, Co
i burn VS. Moline. East Moline & Wat
ertown railway company; 166. Schleu-
ter vs.. Moline. East Moline & Water
. town railway company; 167. Sala VS..
( Weatherhead.
| Friday-127. Rutledge VS.. George
Swift & Co; los. Peterson, VS.. city
of Moline.