The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1907-10-10

yorce; w. s. Kenworthy for the de.
PENDANT .withdraws answer and APP
pearance and in default of defendant
trial and case submitted.
Nellie Jacobs VS.. Samuel Jacobs. d.
vorce; in default Of defendant trial
to the court and decree as prayed.
An important point was scored in
favor Of the plaintiff, v. Il. Hamilton,
in the $4,000 damage suit against w.
A. Mcneil, which came to trial Tues
day afternoon. Day and night the
court ground out the legal points in
tile case and at ten o'clock last even,
ing the first important ruling was CIV
en- by Judge Willcockson.
A demurrer filed by the plaintiff
last week was the point argued yester-
day and on it hung the fate of the
whole suit. On October LIST, one day
before the opening of this term, with
the leave of the court, the defendant
filed an amendment to his answer In
which he offered an Interpretation of
the law as complete defense In the
case.
The attorneys for the defense at
once demurred to this amendment and
for five hours the arguments over
their motion continued, with John o.
Malcolm and Thos. A. Cheshire, of
Des Moines, asking that it be sustain
ed and Geo. w. Sewers Of st. Paul,
Burrell e. Dewitt and VIM. McNett of
Ottumwa pleading that it be over
ruled. uM
Shortly before ten O'Clock last night
the court sustained the demurrer,
which means that the defendants last
amendment shall be stricken from his
answer. An appeal to the supreme
court could be taken on this one point
alone. sa ..s1-
This morning at eight o'clock, one
hour earlier than the usual time for
the days session, court was convened
and the legal fight continued with the
hearing of the plaintiffs motion to
strike out certain dispositions taken
by the counsel for the DEFENSE during
the summer and which were offered in
Ievidence Two solid hours were tax.
en- up in hearing the arguments and at
ten O'Clock the court took the matter
under advisement and continued the
case until two o'clock this afternoon.
other Cases Disposed OF.
County Attorney ]. c. Williams has
dismissed the case of the State OF
Iowa VS.. VIM. Williams who was to
have been examined before the grand
jury on the charge of manning and
disfguring in biting mans ear. The
defendant therefore was discharged
and the sureties on the bond re-
| leased.
E. A. Cavanaugh VS.. B. M. Keasey
ct al, foreclosure; default of all de-
PENDANTS, judgment against B. M. Kea'
sey on promissory note and attorney
fees, decree of foreclosure, sale and
special execution. l.. C. Bolton APP
pointed executor; bond, 5000. 81.
Estate of Chas. Bargdell, dcd.; it is
agreed in open court by all parties
that the appeal taken by May Per
kins, guardian, to the supreme court
of Iowa is dismissed and withdrawn.
Estate Of Mary p Wolcott, dcd.;
application of administrator for order
to distribute funds allowed and admin
istrator ordered to make distribution.
Estate of John Mckinley, dcd.; final
report of administrator approved and
sureties on bond released.
| The members of the grand jury
returned to the city today and after
| a raSt of thrae davS convened again
this afternoon to complete their inves.
legations of crime in the county. AS
no report has yet been made It is ex-
pected that their work win be reported
all at once at the close of their ses'
sion. The usual inspections Of the
county Jail and poor farm have not
yet been made and these and other
matters will probably occupy their
time for the remainder of the week.