The Oskaloosa herald., 1909-01-14
in THE DISTRICT COURT
Disposition of Various Matters by
Judge and Jury.

The jury spent Ounudy Ill IiS Jun
room and for twentyfour hours strug-
gled with the law and evidence in the
Ann Jones will contest case before ar
irving at verdict. They were in
structed and sent out to make their
findings by Hon. w. G. Clements about
5 O'Clock Saturday evening, and at the
same time Sunday evening they re.
ported to the court with verdict as
follows:
1--WE, the jury, find for the propo-
lnents, George Parry, Robt. Parry and
Margaret Morgan.
IVY. ID. Taylor, Foreman"
The verdict sustains the will as
made by Ann Jones and refuses the
petition of the contestants to set aside
the instrument because of the alleged
incompetency of the testator. Two
special interrogatories were submitted
Ito the jury by the court which were
returned as follows with the answers
as given. ,ss....
did Ann. Jones at the time Of the
Execution If the will in evidence pos.
Isess testamentary capacity?' An
lswer, yes"
WAS the execution of the instru-
ment in question procured by the ex-
ercise of undue influence on the part
of John Parry, George Parry, Robt,
Parry and Margaret Morgan, or any of
them?" Answer, mo" %
1 The trial Of the will contest occupied
7 the courts time for nearly week and
many parties are interested in the es.
tate, valeud at about $4,000.
The court and jury made quick
work of large portion of the assign
| ment of state cases Monday and to
day. The cases of the state of Iowa
vs.. John Capoline, Anna McDonough
Sadie Moore and Rose Grill were dis
| missed by the county attorney for the
reason that there is insufficient evi
dence TO convict. state of Iowa VS.
Pete Cherry; continued on applica
ton of defendant. State of iowa VS.
Jack Armstrong; continued on appli
cation of defendant. In two criminal
cases on the calendar the defend
| ants asked for dismissal on the
grounds that they had heretofore beer
| punished for the same crime and the
plea of former jeopardy was sustain
| ed and the defendant discharged IL
each of the following cases; Is, State
vs.. Ed Furnell; State VS.. James Wig
nall. b.. ,s Ia, 4.I&4E SO
\, A jury was called Monday Afternoon
for the trial of John Parker, colored
on the indictment in which he was
charged with keeping a nuisance al
Cricket. H. w. Gleason appeared fol
the defense and County Attorney JAS
G. Patterson for the. State. The triaI
was very brief and the evidence was
all in and the arguments concluded
before court adjourned for the night
| The jury was instructed and sent ouI
at 8 O'Clock this morning and in less
! than half an hour returned verdict
of not guilty" and the defendant was
| discharged and sureties on his DonC
| released. ....-
The case of the State of Iowa VS.
| Jessie Steen was the next case as
signed for trial and the attorneys 10l
| the defense, H. H. Sheriff and D. e. &
| Phillips tiled a motion for a contin
uance on the grounds that one of theil
witnesses was out of the city and thai
they had not sufficient time in which
| to subpoena her, The state resisted
the motion and the defense was al
lowed to amend their application.
| Other Cases.
Sadie May Blanchard VS.. Rose b
Terrell ct al; final report of referees
approved and they are discharged ant
sureties released s.s
Hettie Bridges VS.. w. X. Bridges
divorce; J. c. williams appeared fol
the defendant and trial was had &c
the court and decree granted as pray
| ed. %AA -'' 4
w. P. Sandusky VS. J. w. harlan et
al, equity; plaintiffs demurrer to de
PENDANTS cross petition sustained or
| first and third grounds ad otherwise
overruled, Defendant given five days
to amend, his cross petition
Elsie Tarr vs. VIM. Tarr, divorce;
modification of decree ordered.
Estate of Mary E. Rice dcd, ID. e
Rice, administrator appointed January
20, 1890; notice of final report to be
given ten days prior to January %
1909 at which time it is set for hear
ing.
Estate of William Vermilyea, dcd
VIM. Cunningham, ex and temp gdn;
final report approved and executor
discharged ad sureties released.
Estate OF "A. .. Harter, dcd; Guy
Roop appointed administrator with
win annexed to give bond in sum Of
$1,000.
Guardianship of Jas. G.. Roger
minor: l.. r. Shangle appointed guaru
ian ad litem for minor. Trial and
order of sale as prayed. Guardian To
give additional bond in the sum oil
So 900.
Frank Peters VS.. Nellie G. Peters;
trial and. defendant adiudged to be
Of unsound mind and Frank Peters ap.
polted temporary guardian OF proper
ty and person of defendant and to
give bond In sum OF $3.50.
Guardianship Of Elizabeth Haney,
,-,,o,.ato., a,ttt,oef.ad r., nov ffa ct,v,, ~