The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1908-02-22
CITY STUNG TO THE
AMOUNT OF $3.50
RAY KiMBALl GETS THAT VERDICT
IN CIRCUIT COURT
SALOON CASES WENT OVER TERM
No Contest in Tax Cases and But Two
Jury Trials were Hsard-Couf
Adjourned On Wednesday.

The February term OF the circuit
court for the county OF Iron opened at
the court house last Monday morning.
The opening was delayed somewhat by
the non-arrival OF a number OF jurors
and attorneys from Iron River. due to
q wreck on the North Western that de-
laysd the train at Stager. II. was later
learned that the train would not be
along from the south until after noon
so permission was obtained from Es-
CANADA to run the Iron county train mp
to the Falls with the court visitors
which was done In time 80 that the
court could get 10 WORK Immediately
after dinner.
IL was expected that the cases against
the Amasa saloon keepers would come
mp at this term. but owing TO the alb
sence OF Prosecuting Attorney Watson,
the cases went over until the June
term.
The first case on trial was that or
Ray Kimball against the city of Crystal
Falls for damages 70 his property cans
ed by the backing mp of the water by
the power dam.
Attorney Abbott appeared for the
city with Mr.. Power for the complain
ant.
Mr.. Abbott had relied upon point
at Law upon which he confidently ex-
pectsd 20 upset the case but the Judge
hold against his and the case went to
trial The point which Mr. Abbott
depended upon was the question OF a
perfect title by Mr.. Kimball Mr..
Kimball secured the property through
a tar deed from the auditor general.
Mr.. Abbott co.tended that the evidences
Of tito didnt give assurdity OF the
ownership OF the fee to the land.
Upon the case going TO trial Mr..
Kiuban was the hrst witness called
He swore that the land was worth
800 per acre and that large proper
tion OF it was inundated the greater part
OF the year making 1t worthless. That
on this inundated land there stands
3s5. 0OU feet Of timber that has been
DESTROYED. That the water in Hood
times flooded his property so that his
barns and out buildings are Hooded
and at ono time two carloads OF feed
that he had stored in the barns was
destroyed
Mr.. Afford who was foreman ON the
power dam was witness as 70 the
height Of the dam. He makes 1t y
feet high. Mr.. Evits. former en-
ploye at the power plant swore Ms TO
the height Of the water at flood time
Mr. Fribley swore as to the conditions
in and about the Kimball property at
the time Of food.
When it came time for the city 20
introduce testimony Mr. Abbott stated
that he would introduce no testimony
so the case went 70 the jury with
Kimba : evidence undisputed.
Mr.. Powers opened for the complain.
ant Monday evening and occupied the
balance Of the day. Tuesday morning
Mr. Abbott addressed the jury for the
defense.
The case was given TO the jury early
in the forenoon and that body was long
in coming TO decision. There was a
great deal OF discussion on the part OF
the jury but three good, loyal Crystal
Falls citizens hung out and finally at
8 100 o'clock the jury filed out and rem
dered verdict for 5000
The next case up was that OF the
Menominee Abstract and Loan Assn.
VS. McDermott. This action was
brought 10 recover money claimed to
be due the complainants for an abstract
which was made. upon a conditional
contract. by the complainants for Mr..
McDermott the condition being that
an extra 5000 were 10 be paid IL
judgement was secured. The judge
ment was secured but settlement was
made before the date for redemption
expirei and McDermott didn't realize
the the whole Of his claim.
Mr.. Sawyer appeared for the abstract
assocfation and Mr.. Cook for McDer-
mott
The jury was out IN this case but a
short time rendering verdict for the
full amount claimed and an additional
si5 interest