Omaha daily bee., 1908-10-12
BATTEY APPEALS FROM ORDER
Action Taken to Protect Salary in
Case Custer Fails.

CNSC AoAAH
II. v. Battey filed in the district court
yesterday notice of appeal to the SUI
preme court from the order of Judge o..
d. Wheeler suspending him from the
office of clerk of the district court. Judge
Wheeler's order Of suspension was made
April IL of this year, and the time within
which such an appeal could be taken ex-
pired last night.
The appeal does not affect the custer
proceedings and will not interfere with
the trial of that action. The second trial
of the custer suit had been assigned for
next Tuesday. but under the new assign
ment OF jury cases made yesterday by
Judge Thornell has been set for Monday,
October 10.
The appeal will probably not come be-
fore the supreme court before the Janu-
airy term OF next year. If 1t is sus-
tanned the effect would be to reinstate
Mr.. Battey in office and entitle him to
the salary of the office from the date
of his suspension until the close of this
year. when his term ends, or in the event
of a verdict being returned against him
in the custer proceedings now pending, up
to the date OF such verdict.
The trial of the suit of ]. L. Farthing
against the Alfalfa Meal company which
has occupied the greater part Of the week
and which was expected to 20 to the
jury yesterday, came to a sudden termina-
ton yesterday morning. After motions
on the part of the defense to strike GER
tain parts Of the pleadinEs of the
plaintiff had been sustained by Judge
Thornell, counsel for Farthing dismissed
the suit without prejudice to further pro-
ceedings and Immediately filed original
notice of a new action for the same
amount claimed in the original suit,
$4,000. Breach of mission contract, dated
July 81, 1906" is stated in the notice
of the new suit as the allegation upon
which the damages are claimed.
Alice Birbilus filed suit for divorce
from Thomas Birbilus, to whom she was
parried in this city April 26, 1906. Mrs.
Birbilus alleges that she was forced "a
leave the defendant on September l6 OF
this year on account of the cruel and in.
human treatment to which he subjected
her.
William Grady and Robert Stevenson
who. on separate trials. were both fount
guilty Of breaking into and robbing the
saloon of William Pfaff on South MAR
street on the night OF June 2 last, wer,
sentenced by Judge Thornell under the In,
determlnate law to not exceeding ten year,
each in the penitentiary.
A fourth and what will probably be thu
last assignment OF jury cases for this tern
was made by Judge Thornell yesterday Al
follows
Monday October Pm. L. Marks VS. iii
nois Central Railroad company Especially
P:O Alleshouse VS.. Samuel Allis.
Tuesday, October 13-W. /. Richardson
VS., o Wick ct al. LIviney Langdon VS.
Charles Everly ct al.
Wednesday, October Estate of Iowa VS.
Charles Stevenson. State OF Iowa VS.
Charles Stevenson. State OF Iowa VS.
Charles Stevenson. State of Iowa VS. Chris
Thompson.
Thursday, October Isl. w. Jacobs VS.
John G. Woodward & Co. Mrs. Annie
SvertoT VS.. Omaha & Council Bluffs
Street railway company.
Friday October 16-Minnie Eyeberg VS.
William Husz VIII of Pangle.
Monday, October l9-State of Iowa ex re
John J. Hess, county attorney VS.. II. V
Battey. A. M. Lawson VS.. Chicago, Bur
Tuesday. October s0-Edmund ]. Gal
lagher VS.. Illinois Central. Joseph Mich
liner VS.. Wabash Railroad company.
Wednesday, October 2l-Edmond Mont
gomery VS., r; H; Bloomer Manufscturin
company ct al. William T. Seamon, exec
utrix, vs.. Anchor Fire Insurance. company
Thursday October 22-F. c. Lougee VS.
Harry F. Pierce.
Friday, October pa. Kirchgessner VS.
O.. y. McKesson.
Chicago a Northwestern Railway compny
Monday, October 2-Ovide Wen, trustee
VS.. John Under.
Tuesday. october 27-Harry F. Pierce VS.
Henry q. Robins (~equity).
Thursday, October 2-Daoust g. Welcl
VS.. Chicago, Rock Island q Pacific Rail
way company.