Omaha daily bee., 1909-10-19
Council Bluffs
ONE NIKE" SUES ANOTHER
Division Of Property Taken from
Mabray the Bone of Contention.
OKLAHOMA MAN TAKES IT ALL
Cnss Lake, MINI, Man Insists that
According 90 Agreement He Was
to Have Half of hmOunt
Recovered.


The petition in the suit brought by
Samuel Sutor OF Cass Lake. Mimi. against
j. e. Cavanaugh of McAllister. Okl., while
the two were in Council Bluffs last month
as witnesses before the federal grand jury
in the Mabrsy swindling cases was filed
in the district court here yesterday. sutor
! was Mixed" 5000 by tho Mabray gang
while Cavanaugh contributed $4,000 to the
earnings Of the big store syndicate.
Sutor says hat he and C~avanaush
shortly after the arrest Of Mabray ana
three Of his alleged associates In Little
Rock last February entered into an agree
ment to divide the expense and snare the
proceeds OF attachment suits against tne
money and property found in MapraY ;
possession in Little Rock. The attachmeht
on the money. sutor claims, realized slolo'
and that the property seized and SOLO unuer
attachment brought S499.2 more, making
a total OF S2,114.25. According to Sutor' inc
mike, from Oklahoma failed to carry out
his pert OF the agreement ana up 10 GATE
has refused to give sutor his share OF the
proceeds of the attachment. sutor asks
for Judgment for S1,O5I.12 against Cava-
naugh.
wants Pay for Fingers
Ralph Joseph McEwen who had the
fingers of his right hand ground off in a
sausage machine on the evening OF August
q last at the Central grocery and meat
market where he was employed, has
brought suit in the district court against
Jacob and Louis Simons. proprietors Of the
establishment, for 5000 damages. The sui
is brought in the name OF Mrs. Name
McEwen, the young mans mother and
natural guardian. 1t is claimed in the petit
tion that young McEwen was ordered py
the foreman Of the meat department u
clean the grinder and that while so doina
the electric power by which the machine
was operated was turned on and the fingers
of his/right hand were ground off before
the current could be turned off. Mct'Wen
IT is said, was inexperienced and was no
warned of the danger.
Harry Swanson, a well known plan'
tuner Of this city, has been made ~defepdan
in a damage suit for $1,000, which Free
Davis asks as compensation for being a
he alleges, assaulted and beaten by swan
son. Davis states in his petition that h
t is not physically robust and is crippled Il
the hip and in one hand by the loss OF
z thumb, while on the other hand Swanson
: Is a man of powerful physique. The assault
4 Is alleged to have been committed Octooe
: 8 last at Thirty-fourth street and Broad
: way. Davis says swanson beat him an
knocked him down and that when Swanso
!, first struck him he told Davis, Il will shoV
2 YOU how to tune pianos right in front G
: my door"
t The following jury was drawn yesterda
! for the term of superior court which open
November /: william Hewitt, Lewis town
; ship; T.. ]. r. Turner. ID. s. Anders, u. j
Taylor, Washington township; F. Barrel
: Garner township; @. A. Peterson, Mel
y tJensen, NorwaIk township; ]. NJ. Scot
. Hazel Dell township; job Buch. w. 4
Simon, Minded township; T. A. Brewicl
= Otto Voegler, j. d. Steffen, r. e. Andei
n son, Bert Sheely, Council Bluffs.
y sloan Case Goes to Jury.
$ The trial Of Ben Sloan, charged with tn
o murder of James Wallace, a young Scotch
man who was said to have been beate
t and thrown from a Northwestern passer
ger train near Crescent City on the ever
3 ing of May % last. which was begun
the district court yesterday morning, wa
concluded last evening and the case give
to the jury about $50 o'clock. Up to
If late hour last night the jury had n,
rs reached a verdict.
, Sloan, Wallace and a man named jess
d Pyatt were beating their way east al
81 were riding on the tender OF the enCin
- Sloan and Wallace were said to ha'
quarreled. and Sloan, 1t was alleged, bel
n Wallace almost unconscious and the
e. threw him from the train.
~ Pyatt, who had been held under bon,
I'd as a witness, did not reach here yesterdt
a. until after the attorneys had begun the
be closing arguments to the Jury, so was n
r examined. The principal witnesses +
Us the state were o. J. Larsen, fireman
the train, and c. T.. Petersen, the hei
v brakeman.
a sloan's defense was that Wallace W
" under the influence Of liquor and fell fro
the train.
'ls Larsen testified to seeing two Of 4
a three men fighting and one beating 4
other with a shovel. He could not, no
ey ever, Identify Sloan as the man he hi
I seen using the shovel on the other.
he Petersen testified to running after a.
n capturing Sloan, who tried to make /