The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1909-03-04
INTHE DISTRICT COURT
Disposition Of Various Matters BY
Judge and Jury.

a. 70 :.
r.. A. Kent, one of the defendants
in the trial now in progress in the
district court, was eXonerated OF the
whole affair and relieved Of all con-
nection with the claim OF Mrs. Adel:a
b. Davies for damages on account OF
malicious prosecution by Judge X. E.
Willcockson this morning when he d.
rected the jury TO return verdict in
favor of the defendant Kent. The
plaintiff concluded her direct evidence
Tuesday afternoon and rested and the
counsel for the defendants, r. A.Kent
and George Andrews, before introduce
ing any evidence on their behalf.
moved that the court direct the jury
TO return a verdict in Iavor of both
defendants, or to allow the plaintiff to
elect upon which count in her petition
she would stand,--there being one
count of malicious prosecution and
one Of conspiracy. The motion was
argued Tuesday evening and Wednes-
day morning, and Judge Willcockson
made his ruling about 1890 O'Clock
dlsmissing the case so far as it con-
Germs Mr.. Kent and dismissing the.
charge OF conspiracy against both
This leaves the one proposition to be
decided by the jury,-that OF alleged
malicious prosecution regarding the
defendant Andrews. The jury was I'M
gtrueted by the court not TO consider
any evidence which had been heard
tending TO show any transactions in
yolving Mr. Kent, and the trial con-
tinued with George Andrews as the
only defendant. Certain allegations
were made in the fore part OF the trial.
and evidence was introduced in an ct
tempt to show alleged transactions
concerning Mr.. Kent which would
have been refuted and denied by wit
ness for the defendant had the case
continued, but, since Mr.. Kent is no
longer involved in the law suit, the
evidence he would have introduced In
support of his claims to vindicate his
conduct referred to in the trial, will
not be heard, but the decision Of the
Judge in dismissing the case against
him shows that in the opinion OF the
court the plaintiffs evidence did not
support the allegations in her petition
as against Kent The first witness
introduced by the defendant Andrews
was Rev Eugene Allen, pastor OF the
Central Methodist Episcopal church.
He was followed by W. e. kemble,
a member of the official board of the
church. On cross examination, con,
Quoted by the plaintiffs attorneys.
Mr.. Kemble told his story OF why
Mrs. Davies was asked to leave the
church. He stated that the official
board OF the church had investigated
the alleged runors regarding the
choir leader and that they had COM
pletely exonerated Mr. Kent from any
connection herewith He stated that
Mrs. Davies told him that Mr.. Kent
had never treated her other than like
lady and that II he had been unduly
friendly that she had not noticed il,
owing to the absence OF John Mel
son Of Spring Greek township, a juror
serving on the trial OF the case OF
Davies VS.. Kent and Andrews, the dis
trlct court did not start operations
Tuesday until II o'clock Mr. Nelson
had misunderstood the Instructions OF
the court and thought he was to return
at 1880 O'Clock, and he was excused
on that account. As soon as he ar
rived the trial OF the case proceeded
and DR.. IT, L. Stoakes was recalled TO
the witness stand by the plaintiff for
further examination. During the
morning and portion of the after
noon DR.. St0akes was kept busy tell
ing Of his practice OF osteopathy and
the nature Of the treatments he adj
ministered to Mrs. Davies and others,
OF his visits to the Davies apartments,
and Of the alleged occurrence when it
is claimed George Andrews, one OF the
defendants, as constable, entered Mrs. |
Davies rooms. =. NJ. Bacon, Ephraim !
smith aud Alanoah Hedge we're each /
recalled to the witness stand and ex-
ahmed briefly. Sherm England was !
then examined regarding Mrs. Davies
general reputation for chastity and |
10 OskaIoosa prior 20 the al
legged malicious prosecution, jesse
springer Mrs Murphy and Mrs. Mary
Williams were also introduced 20 sea-
.ify ii regard TO her reputation. Mrs.