Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1905-02-02

the evidence was III the court ulrecteu
verdict for the plaintiff in the sum of
$758.30.
The case Of the Waubay Mercantile
company VS. The Commercial Mutual
Fire association of Mitchell was called.
The attorney for the defence, H. @.
Preston, was not present and Frank
Anderson, of the firm of Alley &Ander
son of this city, acted for him in the
selection of the jury. This procedure
took up the time udtil Saturday noon
when court adjourned until Monday
morning
Monday the court proceeded with the
trial which resulted in a verdict for the
plaintiff.
Just before the adjournment of court
for the day sentences were passed upon
James Jordon and William Fitzerald.
Jordan was given two years and Fitz.
gerald twelve years in the penetentiary.
The case of the Waubay Mercantile
company VS. the Equitable Fire associa-
ton of Sioux Fall resulted in a verdict
for the plaintiff for the full Amount of
complaint with interest from December
8, 1908.
AS the main issue in all the insurance
cases are the same, the value of the
stock owned by the Waubay Mercantile
company destroyed by fire on August
26, 1903, upon completion of the second
trlat parties the stipulated to let the
balance of the cases abide by decision
of the second trial subject to decision
of the supreme court.
The next case to claim the attention
of the court was Anna B. Meyer VS. I'D.
and Rose Wood. The judge directed a
verdict for the plaintiff ON all the issues.
), The contention in this case was for
n possession of the Hotel Webster.
The case at bar as we go to press is
Mrs E. f. Frost VS. Chas. H and s. j.
Compton.
Notes.
III Are you counting?
" The court still grinds.
Gordon Smith is proving an efficient
deputy clerk.
Most of the jurors went home to
spend Sunday.
The surprise in the Fitzgerald case
proved but idle rumor.
1t is now thought that court will not
adjourn.until February IL.
j. d. Wood and his attorney, S. H.
Cranmer, came in from the west this
morning.
Attorney B. A. Walton, who has been
en- the sick list, is again able to attend
40 business,
1t is estimated that it costs Day
county at the rate of 5000 day to hold
4 term of court.
y Judge Mccoy and Stenographer
Granger went to Aberdeen so spend
Sunday at!home.
All Monday and Tuesday were cold days
for the insurance companies. The
juries gave them frost.
"a g. w. Walsh, an attorney from st.
\ Paul, Mimi, and personal friend of
NV. G.. Elliot, sat in the insurance case
with Frank Sears
Geo. Kicks, of Milbank, and Howard
y Babcock, of Sisseton, were in the city
Tuesday and in the evening argued a
motion.before Judge Mccoy.
Mr.. Waddle, of the firm of Waddle &
Sheldon received many compliments for
his able effort in the Fitzgerald case
he made a able defence on the material
he had to work on.
The Judge has served notice on all
parties concerned that the cases will
come up,for trial in their regular order
md if:they are not ready for trial the
ases will be dismissed.
The following are the Waubayites in
attendance at court: 8. H. Groshong,
Zoe Wenger, p. w. Bowler, l.. Viewers.
N. Strong, Francis Smith, j. w. Her
old, John Branum and q. @. Bush.
Il. w, Taylor Will leave this evening
for Webster where he will be engaged
for the greater part Of the week attend
ing to some cases which are to come
before the present term of court for
Day county. Aberdeen News Jan. 80,
Frank Sears still wears the same sized
bat despite the fact that he got YER
ct over Mr.. Preston In the insurance
pes. the defination Of jury in the
pls dictionary is Twelve men
lected to ascertain which side has the