The Oskaloosa herald., 1909-10-28
IN THE DISTRICT COURT
Disposition Of Various Matters by
Judge and Jury.

I'VE the jury lind for the plaintiff
and assess the amount of his recoy
cry at $500 and the city pay the costs.
John Paradise, foreman.
Thus ended the second trial OF the
Andrew Fehd damage suit VS.. the city
o. Oskaloosa, being an action recover
for alleged damages resulting from
the emptying of one or the Oska oosa
city sewers on the defendants land
east of Oskaloosa - Z
This Is the second trial of the suit.
At,the. former hearing the jury grant,
ed a judgment against the city OF 5000.
The city appealed to the supreme court
and secured an order for rehearing.
The judgment now nxed by the lower
court is one hundred dollars in excess
OF the former judgment. H. H. Sher.
iff appeared for the plaintiff and Jas.
A. Dewitt for the city. The jury was
instructed and sent out about o'clock
Friday evening and were out practical
~ all night. They came to an agree
ment shorty after midnight and re,
turned sealed verdict, which was
read In open court at 3 o'clock this
morning. ..
The empanelling of a jury was start.
ed in district court this morning for
the trial of the damage, suit of VIM.
Moody VS. Mahaska county, in which
the plaintiff will endeavor to recover
damages for injuries claimed to have
been sustained In an incident result
ing from an alleged broken county
bridge in Scott township, where Mr..
Moody resides. The plaintiff Is re-
presented by Attorneys s. v Rey-
nolds and c. Yer Ploeg and County At
torney Jas. G. Patterson is appearing
in defense of the county. To-.
An old divorce suit OF McCullum
vs. McCullum caused an exchange OF
some hot shots" when brought up in
district court this morning. The case
is an old one tried several years ago
with Judge Henderson of lndianola on
one side and w. S. Kenworthy and H.
H. Sheriff ON the other side. A judg.
ment for alimony was secured against
Mr.. McCullum but before the decree
OF divorce was granted tho case was
dismissed 1t is claimed that large
portion of the amount of alimony Sc
cured by Mrs. McCullum from her hus-
band was consumed in paying council
fees. Before the termination of the
case Nelson & David were drawn into
the case as attorneys. They assisted
Mrr In,
of the unpaid judgment against her
husband by getting an execution issued
and securing the sale Of Mr.. McCul-
lum's land. Ed Schmidt, an employe
o. Attorney David s. David, went to
the sale and bid the amount of the
Judgment. A difference then arose
over the settlement between Mrs, Nc
Cullum and the attorneys, the amount
of their expenses and compensation
and other transactions being mixed up
in the controversy. Mr.. and Mrs. Nc
Cullum employed o. y. u. Phillips to
them in getting settlement from
David S. David and Ed Schmidt and
this was accomplished this morning
when in accordance with he order or
the court check for sos was turned
over to Mr.. and Mrs. NcCullum.
Lizzie Hilleary has brought suit
against her husband, Ransom Hilleary,
for a divorce on the grounds of cruei
and inhuman treatment and for $500
temporary and $1,000 permanent alt
Elony. She says that they were mar
ried Nov. %, 1902, and have since
been residents of Oskaloosa, living
together as husband and wife until
Oct. IS, 1909
The judge and jury are still en-
gagged in the trial of the damage suit
of Moody VS.. MahaSka County, in
which the plaintiff is endeavoring to
recover for injuries received in an ac-
cident resulting from an alleged brok-
en- county bridge. Considerable time
was occupied in the examination OF
County Auditor Briggs, who was
witness in the case Saturday, to prove
regarding the filing of a claim with
the county board. Mr.. Moody claimed
he had filed a written claim for dam
ages with the county auditor, but Mr..
Briggs said it could net be found in
the records.
A fine of $500 and costs and confine-
ment at hard labor in the county jail
until paid not to exceed one day for
each three and one-third dollars of
the Judgment. was the sentence melted
out by Judge Clements this morning
to Andrew Beal, colored, who was
brought up before the court on the
double charge OF contempt and selling
booze Illegally. Beal was subpoenaed
to appear as witness before the last
grand jury, but before the date for
his appearance, it is alleged, he skip
ped out to Missouri. A few days ago
he returned to Buxton and was arrest
ed and brought to the jail here. He
wrote a letter from his cell to the
judge explaining his delay in appear.
ing on the grounds that he went TO
Missouri, ran out of money, and in at
tempting TO beat his way home was
delayed more than he. had expected.
The contempt charge was dropped up
on his plea of guilty on the other
charge, and. asking that judgment be
pronounced at once, the court gave
him the sentence as stated above.