Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1905-01-11
CASE NOT PROVEN
Sudden Termination of Suit Of
Free Against De Silva in
Circuit Court.
NO EVIDENCE BY DEFENSE
New Trial Denied-PIaintiff's ,Attor-
neys Pray an Appeal to
Higher Tribunal.

1
| No testimony was offered oy the de-
Tense in the suit for $4,000 damages
Of Theodore Free against Dr. Joseph
De Silva. which was brought to a
sudden termination in the circuit court
yesterday afternoon by Judge W. H.
| Gest sustaining a motion TO instruct
| the jury TO find for the defendant.
The jury retired. and in five minutes
reported a verdict in accordance
with the courts instructions. declaring
the defendant not guilty. Ten days
were taken Up with the trial of the
case. The plaintiff rested Saturday.
but on the reconvening of court yes
terday sought TO introduce addition
al testimony. the defense having set
up the claim in its motion that negli-
gence, as charged in the declaration,
had not been established, in which
view the court apparently co1curred.
The attorneys for the defendant OBJ
jected to the character of the evidence
that the plaintiff was offering, and was
sustained by the court.
Will Go to Appellate Court.
When the verdict had been read a
motion for new trial was filed and
overruled. Counsel for the defense
thereupon prayed and was granted an
appeal to the appellate court bond to
be filed in 50 days and a bill of eXcep-
tons in 90 days. The action brought
by Mr.. Free grows out of the death of
his little son Robert. following an
operation for gangrenous appendicitis.
1t was charged that the operation was
not success, but that the boy did not
receive proper care after the opera
ton. Mr.. Free was represented by j.
p Looney and J. r Kenworthy and
DR.. De Silva by Sweeney & Walker and
Searle & Marshall.
Two Days for Motions.
1t has been agreed that the last case
that will be tried by jury this week
will be that of F. Borgolte against the
Rock Island board of education. Mr..
Borgolte is suing for commission as
services as architect on the high school
building. 1t is planned to devote Fri
day and Saturday to the consideration
of motions and demurrers.
Mur,iocI~ Demurrer Argued.
The greater part of the morning to-
day was devoted to arguments on the
demurrer of the defense in the suit
for $4,000 damages of Sarah Murdoch
against Moore & Wahlstrom. in whose
mine at Coal Valley her husband was
killed by an explosion. The court
took the matter under advisement.
Orders of COurt-Law.
10, Free. administrator. VS.. De Silva.
Case. Motion of defendant to instruct
jury to find for defendant allowed, and
jury SO instructed to find defendant
not guilty. and jury retires with officer.
Jury returns its verdict into court find
ing the defendant not guilty. Motion
by defendant for a new trial. Motion
overruled. Judgment on verdict against
plaintiff for costs to be paid in due
course of administration. Plaintiff
prays appeal to appellate court, Second
district; allowed on plaintiff filing bond
in sum of $3.50 with security to be ap-
proved by the clerk, conditioned as re-
quired by law. Bond to be filed in 80
days. Bill of exceptions in sixty days
So. Hull VS.. Chamberlin. Appeal by
defendant. Jury called and sworn
Trial proceeds.
244, Johnson VS.. Kunckel, ct al. AS
Cause heard by the court.
Finding for plaintiff in sum of 1924 80
and judgment for plaintiff for that
and for costs, including in
costs the sum of S25 for plaintiffs at
torney's fees and execution.