The Oskaloosa herald., 1909-03-18
IN THE DISTRICT COURT
Disposition Of Various Matters by
Judge and Jury.

BRADY, the colored man accused OF
receiving over 500 in stolen money
from a minor. reported to the court at
lao O'Clock this morning that they were
unable to agree upon "a verdict and
they were discharged by Judge Will
Icockson. The trial will now neces-
Isarily be gone through with again.
The jury was instructed and sent out
at 8 o'clock Friday afternoon and
when they returned this morning the
vote stood three for acquittaf and
nine for conviction.
The next case n the assignment
which was then taken up about four
O'Clock Friday afternoon, was that OF
Thomas R. Davis VS.. the Iowa Central
2y. CO. and a jury was secured during
the afternoon. The suit Is one in
which the plaintiff asks fir damages
in the sum of 1899 for alleged in.
juries received while on the defend
ants train year ago last February
while, according to the petition, he
was riding in the accommodation
coach on mixed train from Laurel
| to Grinnell 1t is claimed that the
engine ran into a snow drift just be.
fore 1T reached Newburg and that in
the switching and humping of cars
| which followed, the plaintiff was
knocked off his feet and fell against
| the floor OF the car, crushing his right
hand and breaking several bones, in
addition to permanently injuring his
| back. Carelessness on the part OF
the defendant railway company and
its employees is ALLEGED, as grounds for
damages, which the plaintiff is. en-.
deayoring to recover from the railway
| company.
A petition for damages in the sum
OF 5000 has been filed in the district
court by Gysbert Voss vs.. ]. H. PHIL
Ups. The plaintiff alleges that the
| farms belonging to him and the de
| PENDANT in Prairie township, about
| three miles southwest of New Sharon,
adjoin and are divided by a natural
swale. Because of alleged difficulties
! he has encountered in draining his
land on account of the defendant hay-
ing refused to allow him to join the
thing; on the two farms the damages
| are claimed. Eal5 '..aa's lf,H
Court was adjourned Saturday af-
Iternoon until this afternoon at 1880
O'Clock, at which time the jury return
ed and the trial Of the damage suit of
Tom Davis VS.. the Iowa Central Rail-
way Co. was continued. The iurymen
not engaged in the trial of this case
were excused by the court until We'd
lnesday morning at 9 o'clock. nr
e. P. Moy offered himself up to the
court Saturday as a patient for the
state inebriate hospital and upon ex
animation he was ordered committed
ito Knoxville by Judge Willcockson.
The defendant in the divorce action
of Ellen Kienast VS.. Chas .Kienast has
been granted temporary alimony from
his wife in the sum of $40 and SIS per
month during the tendency of the case
in court.
A. F. N. Hambleton has brought suit
in the district court to collect dam
ages in the sum of $167.67 alleged to
be due him from Rosa B. Stringer, G.
B. Row and Ollie |. Row. 1t is claim
ed that the defendants sold a piece of
real estate to the plaintiff and war
lranted it to be free fro mall liens and
encumbrances, but that taxes and paw
ing we're assessed against the place to
the extent Of the sum for which suit
mas been brought. p. y@t.a.. '.-58
The trial of the damage suit OF
Thos, Davis VS. the Iowa Central Ry.
Co. was interrupted this morning by
the arguments over a motion to di.
trect q vedict in favor of the defend
ant The plaintiff completed his d.
rect evidence Monday afternoon and
rested, and upon the introduction OF
the defendants witnesses legal
tangle was brought up in which the
attorneys on both sides took an active
part. The motion for directed YER
dict followed and the arguments
were continued this morning. The
court gave his ruling just before noon
sustaining the motion and directing
the jury to return a verdict in favor
of the defendant Railway Company.
This terminated the law suit.
A jury was drawn this morning for
the trial OF the Jaw suit OF The KEN
per Thomas CO. VS.. s. Hammond, an
action on account The plaintiff,
which is a Cincinnati firm, claims TO
have received a written order from
the defendant for some calendars
which it is claimed were delivered to
his store on West High avenue a cou-
pie of years ago. They are endeayor-
ing to collect the bill for the alleged
order.
A petition in equity has been fled
with the clerk OF the district court by
Icarl Campbell, through his next
friend. w. L. Campbell. VS.. Pliny A.
Jewell, chas. w. Jewell, Ralph NJ.
Jewell, Harold M. Jewell, Panl +. Jew
ell, Hazel A.. Jewell and Helen E.
Jewell, the last four being minors.
The plaintiff is the son OF w. L. Camp
bell and the grandson of A. ). Jewell,
who died May IA. 1908, and left an
Instrument purpofted to be his last