Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1905-02-02

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ground that notice of suit should be
served on the council as body. and
not on the mayor, as representing the
council. The point was sustained by
the court and leave given to amend.
"a large number of authorities were
cited by the defense. .s
81 Court opened Tuesday with full at
tendance of officers, witnesses, etc.
4. The case of, E. D.Smith VS. Scott
Wilson Of Melville was called yester-
day and trial postponed until future
date. ..--5f.
d A molten for new trial in the case
State VS.. Howard was this morning
over-ruled by Judge Burke on objec-
tion by States Attorney George Thorp
Ito the effect that motion was not
made within time limit prescribed by
code.
y Timothy Sullivan of Medina through
his attorney w. A. Martin pleaded
guilty to the charge Of assault with
attempt to kill aud thereupon SEN
tence was held up until tomorrow
morning.
j The rest Of the morning session was
taken up with the care of Pyke VS..
city 81 Jamestown. This case natur-
ally attracts good deal Of attention
here because OF the fact that the city
is a party ii the case and the cause Of
trouble is.the well known dilapidated
condition Of certain of Jamestown's
sidewalks.
The trialof the Pyke damage suit
for $4,000 against the city began
yesterday. A jury was secured with
out mnch difficulty and the taking OF
testimony began after arguments by
attorneys on the technical point raised
by the defense that the service on the
defendant city was defective because
notice of such claim and suit had been
served on the mayor and city auditor
only, and not on the mayor and
councilmen as a body. The court
over ruled the demurrer of defendants
attorneys, City Attorney Kneeland
and Judge Glaspell, which If sustained
have thrown the case out on the above
technicality.
Ellen Pyke, the plaintiff, claims
large damages from the result of a
fall through hole in the sidewalk on
East Main street, which accident
happened in March, 1903. Plaintiff
alleges r,that she afterward became
insane as result of the fall. which
injured her hip, shoulder and bruised
her face, that she was treated at the
state hospital for some two months,
the chief seat Of the injury being che
sciatic nerve.
Plaintiff resides at Cakes and has
since married A. w. Perkins, a black
smith by trade, who is q witness in
the case. Her attorneys are s. G.
Cody Of Cakes and Knauf 8 Knauf Of
this city.
The following jury was empanelled:
Martin Falk, "a, Haas, William Hart.
e. P. Olsen. "A. q W. Broughton, Mar.
tin Garven, VIM. Hall, Jos. Nogosek,
Steven Peterson, VIM. Tompktns, d.
"A. Thomas, Frank Clemens. n
il Attorney Cady Of Oakes testified to
having been employed by the plaintiff
to see that proper service was made
IN a demand for damages. He stated
that he had prepared such demand
. and served 1t within the statutory
limit Of time on Mayor Severn and
/ also on the then city clerk, Geo. 9.
Eager. Mayor Severn testified tnat
( the service had been duly made upon
him, but the city audi itor having l'Iy' i since
died twas alleged service upon him hin
ana could not be verified or denied. q
The def fendants objected TO this de-.
5mand onsthe grounds ~ Improper SER m
vice. The complaint having been tt
amended, the demurre TO I the demand
,gSswas over ruled 5by the court. n
HE he hi itness was Ella Perkins ~
5nllee Pyke, the plaintiff Her exami-s tli.s