The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1908-05-21
in THE DISTRICT COURT
Disposition Of Various Matters by
Judge and Jury.

Monday, when non-jury assignments
win be again taken up and the great
er part of the week will be given to
number of important matters.
Sheriff Ed Valentine is at Buxton
today in connection with a replevin
case.
The district court upon calling up
the case OF the White boys Monday af.
ternoon found that the case must be
continued on account of the sickness
Of the mother of the lads. She was
not able to come to the court room.
The court then gave attention to 9TH
er matters.
The case Of Laura vs.. James McCol-
lum. suit for divorce. was called and
evidence was introduced by the plain
tiff. The remaining hours. of the af-
ternoon were occupied with the trial
of this case and night session of the
court was called for the purpose of
completing the case. The session OF
the court lasted until nine O'Clock,
when settlement was announced
Upon the withdrawing of the
charges against the plaintiff in the
cross petition of the defendant, the
plaintiff modified her demands. and
thereupon the plaintiff was granted a
decree of divorce as prayed. Perma-
nent alimony was granted in the sum
of three hundred dollars, and the
plaintiff also Is granted the custody
of the, three children, Bertha, Leo.a
and Ilo,u The custody of the son Earle
goes to the father The defendant is
ordered by the court to provide three
dollars monthly for the support Of the
children.
The court this morning took up the
hearing of the controversy brought by
John Davis, tax ferret, through Coun7
ty Treasurer George Thompson against
the Iowa Mine Workers, seeking to
make an assessment against the funds
of the organization.
The evidence OF the plaintiff was
completed this morning and the de-
PENDANT began, the Introduction of
their side of the story. The evidence
will be completed during the after
noon.
New Cases.
The case of the city OF Oskaloosa
acting as the State against j. E. and
Evan Fleener for violation Of the milk
ordinances recently passed by the
city, was taken up. This is the appeal
of the Fleeners from the action OF the
Mayors court in assessing fine for
Noncompliance with ordinances re-
quiring the testing of cows for tuber-
culosis and the issuance OF license to
engage in dairy business under such
test. The case was taken to the dis
trict court by agreement to make a
test case to determine the validity OF
the action Of the state and city laws
1t is understood that the city will be
assisted in the case by attorneys of
the state from Des Moines.
Suit has been commenced in the
district court against the Board OF
Review of Oskaloosa by " e. Hamil
ton. The case arises out Of the Nc
NELL judgment in favor of Hamilton.
The city council sitting as a Board of
Review saw fit to raise Mr.. Hamilton's
assessment from nothing, under the
subdivision of moneys and credits"
to twenty thousand dollars. Mr.. Ham.
ilton when questioned by the assessor
as to the extent OF this branch of his
property gave it in as nothing. The
Board objected to this on the ground
that Mr., Hamilton was possessed of
the Mcneil judgment Mr. Hamilton
and his attorney. John o. Malcolm,ap-
peared before the board and showed
that he had never been in possession
of any such judgment, that the matter
was now before the supreme court
seeking aPreversal and the judgment
was OF no value under the existing
circumstances and should the finding
OF The lower court be reversed 1t new
er would be. The judgment was not
part of the gentleman's property,
nor had 1t been at any time. The
Board of Review did not so consider
the matter however, and would not
change their decision to make the
raise of assessment. Hence Mr.. Ham.
ilton Institutes action in the court to
have the work of the Board set aside.
Four More Indictments.
Four more of the indictments
brought by the extra session OF re
April grand jury were made public this
morning, following the arrest of the
parties. The indictments are all for
nuisances, said to be conducted at or
near the mining camp of Cricket All
of the parties are from Cricket. This
makes ten of the twenty bills found
by the jury that have been made pub
lie. The four men indicted were ar
rested at Cricket and brought to this
city namely Ed Larson, John Capoline,
lack Smith and Pat Cherry. Al. OF
The men, on default of appearance
bonds. are In jail.
The court gave almost the entire
day Tuesday to the hearing OF the case
OF the Iowa Mine Workers in defense
OF the tax ferrets attack upon their
reserve funds. The evidence of 10th
sides was introduced and arguments
were presented to the court. Tne
case will be taken under adyisement
by the court, who stated that he would
render a decision tnereupon by the