Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1905-12-14
NEW TRIAL ORDERED
MOTION SUSTAINED BY JUDGE
ElcHELBERGER IN LANcY VS..
vENAToR DAMAGE CASE
Divorce Case Ends-order Of Judge
NJ. A. Roberts Regarding January
Term Of WapeIIo County District
Court-NeW Jurors Chosen.

The motion of Attorney w. 8. Coen
for new trialtin the damage case of
Edward Lancey vs.Frank Venator was
sustained by Judge F. w. Eichelberger
in the district court today. In the
trial which closed few days ago the
plaintiff, Lancey was awarded one dol
lar damages by the jury. He was SUI
ing for $4,000 for injuries sustained in
an alleged unprovoked assault by the
defendant in the Burlington railroad
yards at Chillicothe.
The motion for new trial was on
the grounds that the verdict was con-
trary to the law and the evidence. At
torney Coen based his argument on a
recent decision of the supreme court
which was cited for the first time in
a Wapello county court. Heretofore
the courts have held that the small
ness of the amount was no cause for
a new trial but in the recent decree
| the supreme court holds that where
the amount of damages awarded is
insufficient according to the evidence
the verdict may be set aside. In the
Lancey case it is claimed that $10,tae
amount of the doctor bill was the
smallest amount that could have been
awarded in accordance with the testi-
mony.
Divorce Case Ends.
| One of the hardest fought divorce
cases of the October term closed to.
day, Judge F. w. Eichelberger grant
ing Mrs. Minnie E. Brandvig, divorce
from A. Brandvig. The evidence was
heard several weeks ago and the case
has been before the court in one form
or another several times since. The
case attracted much attention on ac-
count of the prominence of the parties.
The divorce was granted on the
grounds of cruel and inhuman treat.
ment, and the plaintiff was awarded
the custody of their minor son. Judge
Eichelberger in his written opinion
said that while it had not been shown
! that there had been any acts of ex-
IRENE cruelty in the last three years.
| yet the conduct Of the defendant was
such as would impair the health OF
such highly sensitive and nervous
4 woman as the plaintiff. The attorneys
were w. w. Epps for the plaintiff and
/ F. G. Orelup for the defendant.
VIII Have Home.
Judge r. w. Eichelberger this morn
| ing ordered that Nina Hough,a II year
old child be placed in the custody OF
the American Home Finding associa
/ ton. The girl formerly lived in Ar
kansas but when her mother died was
/ sent to Ottumwa to make her home
with an aunt. The uncle objected
Home Finding association.
Taken to Hospital.
Miss Della Waldoo was adjudged in
sane by the board of commissioners
for the insane of Wapello county and
was taken to the hospital at Mt Pleas
ant by Sheriff J. H. Cremer last even
ing. .
The January Term.
Judge M. A. Roberts has filed ar
order with Clerk Edwin DUNCAN nam
ing Tuesday, January 2, as the first
day Of the January term of the Wap
pello county district court. Wednes
day will be default day. The grand
jurors are summoned for 80 p. m.
of the first day and the trial jurors
for Monday of the second week at IL
a. m. The first. week will be devoted
to chancery business an assignment
i being made at 9oclock Of the morn
ing of the first day. Following are the
names of the jurors:
4 Grand Jurors.
i J. w. Jordan. Ottumwa; G. H. CHS
man, r. r. No. 1. Ottumwa; Jacot
Lowenberg, r. r. No. /. Ottumwa; d
A. Jay. Eldon; George Bane, Highland
Center; s. l.. Cohagen, Blakesburg
Leander Powelson, Batavia; Simeon
Wittenmyer, Kirkville; ID. NJ Dackett
Chillicothe; w A. Brown. Eddyville;
w. A. Alexander, r. r. No. 2, Hedrick;
w. w. Connolly. Agency.
Trial Jurors.
j. E. p. Hughes, Ottumwa; J. w
Wormhoudt, Ottumwa; w. S. Druett
Ottumwa; Henry Howells, Ottumwa;
| Charles Heller. Agency; w. r. Turner