Gilpin observer., 1906-01-18
IN THE DISTRICT COURT.
School District Wins case-Janie EIofson
Remains jamie EIofson.

| ld5U WeeA uI5pO6lnS OI CASES ot very Ht-
tie interest to the reading public out
side, perhaps, Of one or two. Wednesday
Of last week was very busy day and
cases were disposed Of in short order.
Following are the cases which came up
Wednesday:
The adverse suit Of the Fostoria Gold
Mining company vs.. Mrs. NJ. Ramstetter
was dismissed.
Alan G. McIlvaine vs. Mile Gulch
Mining & Milling company, suit for
money, judgment was rendered against
the defendants for s1s,9sO.OO.
Sarah Wolcott vs.. j. B. Chatterton
attachment suit for s97.6O. Judgment
for plaintiff.
Wm. Kimball va. Stewart Gold Min.
ing & Milling company, foreclosure Of
mortgage to the amount OF s25, 1921
On Friday the case of B. F. Jones vs..
w. kirkpatrick, adverse claim, was
brought up. Decision was rendered in
favor Of the plaintiff.
Monday the time OF the court was oc-
cupied in the hearing of the divorce
suit OF jamie Elofson vs. Andrew Elof-
sou. w, L. Truman, an attorney from
Denver, represented the plaintiff and
w. Edgar Withrow, the defendant. The
suit was brought on the grounds Of e1-
treme and repeated acts of cruelty.
What had transpired in the Elofson
household since the marriage of the
plaintiff and defendant was aired from
beginning to end and while not particu-
larly sensational was such as to interest
! the few spectators who had come to the
court house in hopes Of hearing some
thing startling if not salacious. Mrs.
Elofson's reasons for wishing a divorce
according to the testimony adduced we're
indeed himsy. Her charge Of cruelty
was by no means strongly established, il
at all. During her welded life she ac-
having picked up table leg and struck
her on the hip inflcting a bruise of
black and blue color. The husband de-
MED having struck his wife with table
limb. When the cross examination was
finished and he was asked il he had any
thing to say to the jury he told them he
still loved his wife and wanted her to
come back and live with him. When
the attorneys for the divorcans made
their pleas to the jury, plaintiffs coun-
sci fisyed the defendant without mercy.
He referred to him as a coward, brute,
villain, and few other choice epithets
we're used in the bombardment of the
man who was endeavoripg to keep the
matrimonial ties intact. Attorney
Withrow made splendid and forceful
appeal in behalf OF his client. Not only
was his plea a strong one but was coated
with eloquence throughout. When he
had finished the jurors looked upon the
table leg incident as simply love tap
regarded it merely as demonstration Of
affection. As to the other cruelties in-
fiicted by the defendant, IN the opinion
Of the jury, were all done in the way OF
joke. The case was finished Monday
afternoon and went to the jury Tuesday
morning. A verdict OF not guilty was
returned for the defendant.
Tuesday the celebrated case OF Mrs.
Sheldon Smillie VS.. School District No.
L. which was disposed OF in the county
court week ago last Saturday, Judge
Ashbaugh rendering judgment in favor
Of the plaintiff, was brought up, having
been appealed from the lower court.
The day was spent by the counsel for
both sides in arguing demurrer. After
considering the arguments OF the attor.
neys and their authorities and further
advising himself, Judge DeFrance sus-
tained the demurrer and dismissed the
case, taxing the costs on the plaintiff.
This was complete reversal OF the de.
cision OF the lower court which had al
lowed the plaintiff S7s40 in her suit for
salary as teacher for the months OF May
and June after she had been discharged
by the board. The attorney for the
plaintiff prayed an appeal to the sup
rene court and the bond was fixed in
the sum OF $4,000, which was filed yes
tsrday. Hicks & Williams represented
the School Board and ". G. Matthews
Mrs. Smillie.
Yesterday Judge DeFrance imposed
fine Of $500 and costs, amounting in
all to about $500, on John Lee. who
was convicted last week Of simple as
sault on the person Of Harry Warren.
Court was adjourned last evening.