Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1909-01-23
RIVER TRAGEDY
IS RECALLED
SUIT NOW BEFORE DISTRICT
COURT GROWS OUT OF pow
ELL-sTEvENs DEATHS
$4,000 DAMAGES ASKED
Husband and Father OF Two Victims
is Arrayed Against Admlnistra.
tors Of Estates-Assisn
Gases.

Whether the estate of the late w.
II. Powell and Halle Powell is liable
for damages in the sum of $4,000,
which through negligence is demand
ed of it by ]. Fred Stevens, is now be-
Ing determined by jury in the dis
trict court. The action entitled j.
Fred Stevens, admir-, VS.. George Haw,
Jr., administrator of the estate of w.
H. Powell, and C. O. Arnold, admins
traitor of the estate of Halle Powell,
grows out Of the sad river tragedy
which occurred August 1, 1907. when
the launch in which were w. H. Pow
ell, Mrs Powell and Halle Powell, to-
gether with Mrs. j. Fred Stevens and
little daughter Anna, went over the
dam south of the Ottumwa Boat house
and the occupants were drowned. The
plaintiff claims that Halle Powell.
was negligent in that he was warned
upon several occasions of the wicked
ness of portions of the river. and that
he was negligent in not providing the
launch with oars or other means to
propel same. He further alleges thai
the estate of Anna Stevens. the
daughter, had been damaged to the ax.
tent of $4,000, which he prays for.
Immediately after the opening Of
court this afternoon the attorneys for
the plaintiff began their opening
statements to the jury.
Disposes of Wills.
Everett Jacob Mcdonald, the only
son of the late Wilbur F. Mcdonald
will, after he attains his majority. be-
come the sole owner of the estate left
by the deceased dentist. The last will
and testament of DR.. Mcdonald was
admitted to probate yesterday before
Judge M. A. Roberts, and in accord.
ance with the instruments, Henry 5.
Merrick is named as executor. The
Will provides that all property, real,
personal and mixed, of every kind and
nature, shall be held in trust by Hen.
ry S. Merrick until Everett Jacob Nc
Donald attains his majority, when 1t
will be conveyed to him. In the event
Of his death while a minor, the prop.
erty goes to the mother Of the de.
ceased, Mary R. Mcdonald, and
should she die. the estate is to be di
vided equally between the two sisters
and one brother of the decedent.
Nellie Crue is named as beneficiary
and executrix In the will Of Matthew
Crue, which was yesterday admitted
to probate. In the will and testament
Of the late John Fleming, which was
also probated, Annie Fleming, wife
of the decedent, was named as sole
beneficiary and executrix.
Irene Allen in her suit against Her
ry Lanes, ct al, was allowed the sum
OF $50 as per written stipulation Oh
file.
Assigns Law Cases.
| The following assignment of law
cases was completed yesterday by
Judge Roberts:
Monday, Jan. 25.-
James LOCKER VS.. c., B. & G. Ry.
Co. and c., B. & @. R. R. Co.
Chas. G. Peterson VS.. OFT. Ry. and
Light Co
Tuesday, Jan. 90
Ottumwa Mill and Construction Co
vs.. E. A. Manchester.
Wednesday, Jan. 81
Thomas Skinner VS.. c., B. G. O. nv.
Co. ct al.
Alice O'Brien, Exec, VS.. c. B. G. Q.
Ry Co. ct al.
Edw. O'Brien and Edw. O'Brien.
Admrs. vs. c.. B. & c. Ry. Co. ct al.
Coride D. Conley, Gdn., VS. C. B. d
@. Ry. Co. ct al
Jerry Gilbert VS.. OFT. Ry. C Light
Co.
Thursday, Jan. %
Mary A. Barrett VS.. F. w. Darner.
Phil ]. Linehauser VS.. c., B & @.
Ry. Co
A. e. Brainard vs. Calvin Man
ming
Wapello Co. VS.. A. H. Haines ct al.
w. B. Wayat & Son VS. OFT. Cut
Stone Co.
Friday. Jan. 90
Ruthie McIntire VS.. City of ottunl-
wa.
A.. G, zaelke VS. OFT. Box Car Load
er Co.
George Sims VS.. City Of Eldon.
]. S. Sconce VS.. c. N. Christy, as
signed to follow 1902.
akin to something already existing in
himself.-Amiel.