Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1909-10-26
FEDERAL COURT
is In SESSION
JUDGE SMITH MCPHERSON DIS
POSES OF TWO SUITS AND
INsTRucTs GRAND JURY.
SUGAR COMPANY FINED
Clinton Concern Is Taxed for Violating
Law-Trade Mark Controversy
Is Ruled Upon-District
Tribunal Opens.

The October term of the federal
court opened at 10 o'clock this morn
ing for session of at least week.
Judge Smith Mcpherson first instruct
ed the grand jury and then proceeded
to dispose Of the large quantity of
cases as rapidly as possible. One
criminal and one chancery suit were
settled. The attention of the court is
taken up this afternoon with hearing
the suit entitled Seth Richards VS..
James Harrison and his wife, Hettie
Harrison, in which the plaintiff seeks
to collect on a Judgment rendered in
the lower court.
The grand Jury, which is now con-
sidering criminal cases against the
government, is composed Of the fol-
lowing: James Burns, G. G. Cunning
ham, s. w. Carper, s. ]. Dutton, J. M.
Gregg, J. S. Moon, G. w. Monroe, w.
T. Taylor. x. Nady, George Pf1iggen-
staffer, M. B. Hoxsey, Carl McElroy,
Newton Arrison. George Wilson, James
Shepherd and T. D. Lee.
Sugar Company Fined.
The Clinton Sugar Refining COM
pany, through Its attorney, Edward
Rogers, of Davenport, entered plea
Of nolle contendre and was fined $50
and costs. The Clinton concern had
violated the United States laws in not
labelling some sacks Of sugar properly
This offense was shown to be not a
lawful violation. United States Attor-
ney M. l.. Temple appeared against the
company.
Injunction Denied.
Two small cans of peas, both bear
ing labels setting forth that they
were "Faultless," were not sufficient
evidence to prompt the court in re-
straining the Western Grocery Co.
from using the word "Faultless" as a
trade mark The title of the suit was
the Edgett-Burnham Co. VS.. the West
ern Grocery Co., ct al, and an appli-
cation for a temporary Injunction
formed the basis of the suit. Howard
P. Denison of Syracuse, N. ", ap-
peared for the complainant and in a
lengthy address to the court showed
that the right to use the word Fault
less" had been vested in his clients.
Major John F. Lacey Of Oskaloosa ap-
peared for the defendant, and con-
WINGED the court that his clients were
privileged to use the same word, ow-
ing to the appearance on the cans be-
ing entirely different. The court denied
the Injunction.
brought by George D. Lynch against
the Wabash Railroad Co., has been
continued.
Would Recover $500.
The ADMINISTRATION action is
brought to secure satisfaction on a
judgment rendered in the Mahaska
county court at Oskaloosa in 1891 for
the sum Of $500. The plaintiff also
seeks to set aside some deeds now
held by Mrs. Hettie Harrison to GER
tain properties In Oskaloosa, which
| it is alleged were secured by her
| from her husband, James Harrison, in
order to avoid the Judgment rendered.
w. H. Heating appears for the de-
| PENDANT, while c. w. Whitmore and
McNett & McNett are attorneys for
the plaintiff.
District Court Opens. 81
The October term of the WapeIlc
county district court opened at 1:3r
| O'clock with Judge F. w. Eichelberger
presiding. The first action of the court
was to instruct the grand jury, and
following this the early portion of the
afternoon was given over to making
an assignment of cases for trial Thu
term. The grand jury is composed Of
Chas. Sands, foreman, G. r. Chis1nan
G. w. Davis. ST.. Andrew Giltner, J. I
Griffith, j. S. Redfern, H. M. Sapp. T
E. Kirby is clerk to the grand jury
Harry l.. Arrison has been appointed
by Sheriff w. w. Jackson to serve dur
| ing the present term of court as bailiff
/ Wants Divorce.
| Cruel and inhuman treatment is Civ.
en- as the ground for divorce in a pc
tition filed with Clerk George Phillip!
by Isabel M. Albaugh against her hus
band. Henry P. Albaugh. She asks t.
be restored to her maiden name, Isabe
Brewer. They were married in June
1868 and lived together one year.