The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1909-05-06
in THE DISTRICT COURT
Disposition of Various Matters by
Judge and Jury.

The contest over the will OF Ann
Jones, who died in Beacon a few years
ago, ended suddenly Monday after
noon when Judge Preston sustained a
motion made by the proponents coun
lsel to direct verdict, which was
done. Consequently the will stands
This is the second trial over the will
Last January a jury returned yer,
dict in favor of the proponents but a
new trial was granted upon the con
testants application but under the rul,
| ing of the court the case has termin,
ated the same after the second hear.
ing. .-.
The next trial taken up was that of
the criminal case of the State of Iowa
VS. Ed Brady, which is also being tried
for the second time. Two charges are
held against the defendant, one for
robbery and the other for receiving
stolen money. The latter charge is
being tried. Last term the same case
was given hearing and the jury was
unable to agree upon verdict. Coun-
ty Attorney James G. Patterson is con-
Quoting the prosecution assisted by
James A. Dewitt Attorneys w. II.
Heating and w. s. Kenworthy are APP
pearing for the defendant Stewart
Hoffman from the Industrial School
lat Eldora is the chief prosecuting wit
ness. =
Interstate Mfg. Co. VS. Z. w. Smith,
attachment; continued by agreement.
Emma SamuelsOn VS. August Samuel
son, divorce; trial upon the application
for a modification of the decree had
and case submitted ...
j. E. Mcdowell VS. Noah Winkleman,
law; continued by agreement.
Estate of Isaac Collins, dcd, N. B.
Mcdowell, armr; ordered that admin
istrator file inventory and make re-
port within sixty days.
Estate of John Martin, dcd, Matilda
Martin, executrix; ordered that execu-
trix file inventory and make report
within sixty days.
Estate of Elisha Perkins, dcd, Geo.
w. Perkin, executrix; final report and
distribution approved and executor
discharged and sureties released.
Estate of J. L. Nelson, dcd, Ellen C.
Nelson, executrix; final report and
distribution approved and executrix
discharged.
Will of John Dixon, dcd, admitted
to probate and Oliver and Mary Dix
on appointed executors to give bond
in sum of $500.
Will of Jacob Weintz, dcd.; admitted
to probate and R. NJ. Boyer appointed
executor with bond at $4,000.
Will OF Samuel Walker, died.; ad-
mitted to probate and J. c. McSpadden,
the executor named in the will having
moved out of the state, Calvin Walker
is appointed administrator without
bond.
Will of ]. p. Dykstra, dcd.; admitted
to probate and Jan. Dykstra appointed
executor without bond
Will of Mark Dykstra, dcd.; admit
ted to probate and Fannie Dykstra ap-
pointed executrix with bond at $1,000.
Will of Wesley Shoemake, dcd. ad-
mitted to probate and Elizabeth and
B. f. Shoemake appointed administra-
tors.
The evidence in the case of the
State of Iowa VS.. Ed Brady (colored)
being tried on the charge of receiv-
ing stolen money, was competed
Tuesday afternoon and the arguments
were made to the jury that evening
and this morning. The jury was
ready to be instructed and sent out
to determine upon verdict about
2:30 o'clock this afternoon. The jury
in this same case last term were I'M
able to agree upon a verdict.
Grand Jury Report.
At $50 O'Clock Tuesday evening the
members Of the grand jury entered the
court room and made their final re-
port to Judge Preston. Three indict-
ments were returned. No bills were
found against Ed Cooper, accused of
adultery, nor Joseph Campbell, for
horse stealing, and consequently they
were discharged and their bondsmen
released. William Kirkpatrick, now
in custody in the county Jail for the
assault upon his wife and Tom Cooney
at the latters home, about two weeks
ago, was indicted twice on the charge
of assault with intent to commit MUIR
der,-once for shooting his wife, Mrs.
Emma Kirkpatrick, and once for shoot
ing Tom h. Cooney, his brother-in-
law.