The Oskaloosa herald., 1909-01-14
IN THE DISTRICT COURT
Disposition of Various Matters by
Judge and Jury.

/ The jury spent Sunday in the jury
room and for twenty.four hours strug-
gled with the law and evidence In the
Ann Jones will contest case before ar
irving at verdict They were in
structed and sent out to make their
findings by Hon. w. G. Clements about
! 5 O'Clock Saturday evening, and at the
same time Sunday evening they. re-
ported to the court with a verdict as
follows:
I'VE, the jury, find for the propo-
nents, George Parry, Robt. Parry and
Margaret Morgan.
wv. d. Taylor, Foreman"
The verdict sustains the will as
made by Ann Jones and refuses the
lpetition Of the contestants to set aside
1.-THE instrument because of the alleged
incompetency of the testator. Two
special interrogatories were submitted
ito the jury by the court which were
returned as follows with the answers
as given. ~,
did Ann Jones at the time of the
lexecution IF the will in evidence pos
sess testamentary capacity?" n An
swer, Yes"
Was the execution of the instru-
ment in question procured by the ex-
lercise of undue influence on the part
of John Parry, George Parry, Robt.
Parry and Margaret Morgan, or any of
ithem?" Answer, NO
The trial of the will contest occupied
1.-THE courts time for nearly week and
many parties are interested in the es.
tate, valeud at about SIS, 900.
The court and jury made quick
work of large portion of the assign.
4 ment of state cases Monday and to
day. The cases of the state of Iowa
\ vs. John Capoline, Anna McDonough
j Sadie Moore and Rose Grill were dis
missed by the county attorney for the
reason that there is insufficient eyi
i dence TO convict. state of Iowa VS.
| Pete Cherry; continued on applica
i ton of defendant. State of iowa VS.
Jack Armstrong; continued ON appli
cation of defendant. In two criminal
cases on the calendar the defend
ants asked for a dismissal on the
grounds that they had heretofore been
punished for the same crime and the
i plea of former jeopardy was sustain
ed and the defendant discharged in
each of the following cases: State
VS.. Ed Furnell; State VS.. James Wig
nall. str @ 4 %'"'
Il "A jury was called Monday afternoon
4 for the trial of John Parker, colored
on the indictment in which he was
charged with keeping nuisance al
i Cricket. H. w. Gleason appeared for
the defense and County Attorney Jas
G. Patterson for the State. The trial
was very brief and the evidence was
all in and the arguments concluded
1 before court adjourned for the, night
The jury was instructed and sent out
at 9 o'clock this morning and in less
than half an hour returned verdict
of mot guilty" and the defendant was
discharged and sureties on his pond
released. ..,s...,.
The case of the State of Iowa VS.
Jessie Steen was the next case as
signed for trial and the attorneys t0l
the defense, H. H. Sheriff and .. T.. e
| Phillips tled a motion for contin
uance on the grounds that one of their
witnesses was out of the city and that
they had not sufficient time in which
to subpoena her. The state resisted
the motion and the defense was al
lowed to amend their application,
| -." Other Cases.
Sadie May Blanchard VS.. Rose b
Terrell ct al; tlnal report of referees
approved and they are discharged and
| sureties released. "- @
Hettie Bridges VS.. w. r. Bridges,
divorce; ]. c. Williams appeared toT
the defendant and trial was had 10
the court and decree granted as pray,
| ed. "'"'
| w. P. Sandusky VS. ]. w. HARLAN Ell
al, equity; plaintiffs demurrer to de,
PENDANTS cross petition sustained on
first and third grounds ad otherwise
overruled. Defendant given five days
to amend, his cross petition
| Elsie Tarr VS. VIM. Tarr, divorce ;
modification of decree ordered.
Estate of Mary e. Rice. dcd, ID. e
Rice, administrator appointed January
20, 1890; notice of final report to be
given ten days prior to January ~,
1909 at which time it is set for hear.
ing.
Estate of William Vermilyea, dcd;
VIM. Cunningham, ex and temp gdn;
final report approved and executor
discharged ad sureties released.
Estate OF A. J. Harter, dcd; Guy
Roop appointed administrator with
win annexed to give bond in sum OF
$4,000
Guardianship of Jas. G. Roger,
minor: L. T. Shangle appointed guaru.
ian ad litem for minor. Trial and
order OF sale as prayed. Guardian to
give additional bond in the sum OF
| So 900.
Frank Peters VS., Nellie G, Peters;
trial and. defendant adjudged to be
Of unsound mind and Frank Peters APP
poIted temporary guardian OF proper
ty and person of defendant and to
/, give bond in sum Of $3.50
Guardianship Of Elizabeth Haney,