Omaha daily bee., 1905-02-17
COUNTY MUST PAY sTENoGRAPHER
Supreme Court Reverses Case and
.JudEment IL Entered.

Judgment IL Entered.
At the close of the Squire & Annis suit
against the Chicago Grain and Elevator
company yesterday afternoon Judge Thor
nell adjourned district court until Monday
morning and left for his home in Sidney,
which he was prevented from visiting last
week on account of the snow blockade.
The early adjournment was brought about
by attorneys in cases next on the assign
mer not being ready for trial.
Lsgment was entered against Potta-
wattamie county for $545 and interest in
favor of Jasper J. Ferguson, reporter in
Judge Thornell's court. Ferguson brought
suit to recover pay while reporter for
Judge Aylesworth in the superior court for
such time as he attended court by direc-
tion of the judge but during which he was
not called upon to take any shorthand
notes. Judge Green, before whom the suit
was tried decided in favor of the county,
holding that Ferguson was only entitled
to pay for the time he was actually en-
ployed. The supreme court recently re-
versed Judge GREEN'S ruling.
When the suit of w. A. Hayes against
Mrs A. A. Clark was called yesterday At
torney Fremont Benjamin, counsel for
Hayes, announced that he had withdrawn
from the case. He explained that when
retained by Hayes he was given to under
stand that the case would go by default
as no appearance had been at that time
entered for the defendant. He learned
otherwise yesterday and decided to with
draw as he was not prepared to take the
case on a contingent fee. Hayes sues for
$4,000 damages, alleging that Mrs Clark.
the wife of the well known loan broker,
had alienated the affections of his wife
and children. The case was continued until
Monday TO give Hayes an opportunity to
secure other counsel.
The suit of Calvin Oglesbee against w.
H. Butlor and the latter's counter claim
were dismissed yesterday without prejudice
at plaintiffs cost.
Joe Scott yesterday filed in district court
original notices of suits against the Union
Pacific Railroad company and L. T. Alberti,
constable. In the suit against the Union
Pacific Scott seeks to recover $780, alleged
to be due for services rendered by him and
his wife as cooks in a grading camp. In
the suit against Alberti he asks $500, alleg-
ing that Alberti mlawfully while constable
seized certain property belonging to him
and his wife. e. e. Hart and ]. p. Green
shields, Albertis bondsmen, are made party
defendants.
The Jury In the suit of Squire & Annis
against the Chicago Grain and Elevator
company brought in a verdict last even
ing for the defendant company.
a continuance was granted in the suit
Of A. o. Meneray against the City OF Coun-
ell Bluns, owing to one of the principal
witnesses being quarantined for smallpox.
Meneray claims 500 damages for injuries
TO a horse which stumbled into box of
lime and other material left on the street
unprotected at night with danger light,
The animals sight. 1t is claimed was de-
stroyed by the lime.
The grand jury began its deliberations
yesterday morning, Paul Heesch. the alb
sent member, at last succeeding in reach
ing the city. The prisoners whose cases
are awaiting the action OF the grand jury
were brought into court and given an op-
portunity to challenge that body. They all
waived challenge.