Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1907-05-01
THE DISTRICT COURT.
On Second. Trial Judge Fellows Declares J
N. Douglass Innocent. Takes Case From
Jury and Dismisses Him. Also
I Same Action as to John D.
Mullaney.


before him as rapidly as is consisten
with public safety and justice. Whel
he is convinced of the injustice of tn,
case or of the lack of evidence tC
Justify a case it does not take hin
long to take the matter into his owl
hands. This has been demonstrated
twice during the past week, first il
the case of the State VS.. John ID. Null
laney. charged with falsely obtaining
signatures to a contract In April
1905, Mullaney was engaged in sell
ling stations for Champlin Bros. OF
Clinton He organized breeding
societies and sold coach horse to H.
l.. Tavener and others, who caused
his indictment on the charge of false
ly obtaining Tavener's signature tC
a contract. Three times jury had
been empanelled in this case, and
twice at previous terms the case con.
tinued. The last jury was empanel.
led on Tuesday afternoon and Wednes
day morning the introduction of testi-
mony began. The State was repre-
sented by Attorneys Strand, Willett
and Shea, and the defense by At
torneys Acres, Sayre and Harmon.
At the close of Mr. Tavener's testi-
mony the. prosecution undertook to
introduce evidence of other similar
transactions. The judge then sent
the jury into the jury room and the
attorneys argued the question of this
evidence The case was continued
until Thursday morning when the
court ruled that outside matters and
conversations had no place in this
case, whereupon, upon plaintiffs mo-
tion he took the case from the jury,
discharged the defendant and ex-
onerated his bail.
Again on Saturday in the case of
the State VS.. j. N Douglass. charged
with assault with attempt to commit
rape, at the close of the State S testi-
mony, defendants attorneys moved to
direct verdict of mot guilty. and
discharge the defendant. The motion
was sustained and Mr.. Douglass was
discharged and is now a free man.
The prosecution was unable to cor.
roborate it's testimony and it was un-
necessary to introduce evidence for
the defense. lnthis case Attorneys
Strand and Sayre were for the State,
and Johnson and Kaye for the de-
Tense.
Thus it will be seen that there was
little use for jury during last week,
these two trials being the only jury
trials, both being taken from the
jury On Saturday noon Judge Eel.
lows excused the jury until Monday.
The jury returned Monday after
noon and as we go to press the case
of Weselmann Il Herr VS.. @. NJ q
St. p Ry. is being tried.
Following is record of the decree
in the cases disposed of up to the
time of going to press:
| State of Iowa VS. John ID. Null.
| laney- AT close of testimony of prose
cutting witness court ordered case dis
missed, deft discharged and bail ex-
onerated.
| State of Iowa VS. John n. Douglass -
At conclusion of testimony ON the
part of the state, deft's motion asking
| to direct jury to return verdict of not
guilty and discharge deft was sus-
+. tanned Deft adjudged not guilty and
! discharged from custody.
Final reports of guardians approved
! in cases of
| A. n. Vance VS. Harriet Harper
! Jennie Marsh VS. Randi Knudson
Fuglen
| o. p. Olson VS. ole o. Talhaug.
Reports of referees approved in
case of l.. ID. Burrows VS. Matilda
Dougles ct al.
SON Dismissed for want of prosecu-
tion.
| Lavina Smith VS. +. j. Smith-Dis-
missed for want of prosecution.
| w. s. Conrad VS. j. w. Stiles-With-
drawn, costs paid.
John Williams ct al VS. Mrs. Mar
GdTtL IODlD- w ltiiuIdN III.
| Sophia Stortz VS. s. McClintock-
Settled
| Annie Holzer VS. S. McClintock-
Settled.
Lena Klima VS. John Klima-Deft
ordered to remove his property from
premises of plff forthwith rs prayed /;
Judgment for costs against delft Plff
awarded $50 for Keeping stock since
April l.. 1907.
" H. Jones VS. j. M. Collins-Dis-
missed by plff
Nina Rockney VS. John Rockney--
Divorce granted plaintiff and she
| awarded custody of child.
Juliette Bush VS. Carrie Dean ct al
Shares of parties confirmed as stated
in petition and partition ordered,
Sale ordered, George Allen. A. q.
Tatro and H. f. Anderson appraisers,
ID. @. Malloy referee.
Mike Tuna VS. Anna Tuna With
drawn.
Jennie Marsh VS. Sisel Estrom ct
al-Shares confirmed and partition
ordered, sale ordered, liver Gunderson,
S. Lee and @. Christen appraisers,
Il. j. Curtin referee.
John b. Kaye VS. Henry Bruch ct
| al-Settled.
r. ID. Purdy VS. Henry Kimber--