The Nome daily nugget., 1909-05-12

dictment. robbfng a mining claim: not Bell the defendant was ordered dis charged and bail exonerated.
 The grand jury then retired for fur ther deliberation.
 Bonnell vs. Adams ct al. Trial re- stunned. C. H. Marsh and Cary Rylan- der were each sworn and testified on behalf of plaintiff. Plaintiff offered in evidence a small rope about a foot long. which was admitted for illustration and marked Plaintifrs Exhibit 1.
 At 12 o'clock noon Court adjourned until 2 IT. m.
 P. M.-
 Knickerbocker vs. Halla ct al On motion of O. D. Cochran defendants were granted twenty days to file amendments to bill of exceptions.
 Mcintosh vs. Schneider ct al. On motion of O. D. Cochran. counsel was granted thirty days to file bill of ex- captions.
 Young vs. Seward Mining Company. T. M. Gibson was sworn and examined as to qualifications as surety on super sedeas on appeal from the order grant ing a receiver, after which the bond was approved and filed. F. E. Fuller presented bond on writ of error in the sum of $2.500, which was approved an1 filed. Counsel also presented bill of exceptions the form of which was ob jected to by George B. Grigsby. and the matter of settlement of bill of excep- tions set for tomorrow at 4;3O D. m.
 Bayne vs. Whistler ct al. E. Coke Hill presented a stipulation for the ap- pointment of a receiver. and was grant, ed an order appointing D. l.. Fell as receiver. Elwood Bruner appearing on behalf of defendants and not objecting thereto. Bond of receiver fixed at $4200. Papers filed
 Penny River Ditch Company vs. Me- Gam ct al. On motion of Ira D. Orton the record was ordered amended in ef- feet that the motion for injunction was withdrawn without prejudice.
 Bonnell vs. Adams ct al Trial re- sumed. jurors all present. Carl Rylan- der on the stand for further direct ex- and thereafter C. H. Marsh was recalled by defendants. and de- fendants offered in evidence three small blocks of wood, one of which was a 1x4 and the other two 2x4. which were admitted without objection and each marked Defendants Exhibit A.
 On motion of George B. Grigsby the deposition of R. D. Adams was ordered published and read in evidence on be- half of plaintiff. and then J. w. Bon nell was sworn and testified on his own behalf
 At 3:15 D. m. the grand jury came into open court all being present, and returned the following indictment:
 United States vs. Ahnowck Indict- ment. larceny in dwelling; true bill On motion of J. J. Reagan the arraign- ment was set for tomorrow at 10 a. m.
 The grand jury then retired for fur ther deliberation.
 Col l.. l.. Sawyer was sworn as bailiff of the grand jury, J. w. Down ing having been drawn on the petit jury.
 Bonnell vs. Adams ct al Trial re- sumed. jurors all present. Dr. F. F.. Hill, Dr. A. E. Southward. Dr. J. H. Mustard and NJ. D. Balsar were each sworn and testified on behalf of plain tiff. and plaintiff rests. No testimony being offered by the defendants, de- fendants rest, and the testimony closed. Albert Fink, on behalf of the moved the Court to direct a verdict in favor of the defendants and against the plaintiff, on the ground that it appears from the uncontradictei testimony that the plaintff received his injury through his own contributory in this: That. knowing that the wrench was to be lowered over his head. he failed to go into the man way The jury were excused during the argument of the motion and until tomorrow at 10 a. m.. and the motion was argued to the Court by Albert Fink and Ira D. Orton until 5:05 D. m.. when Court adjourned until Wednes- day. May 12, at 10 a. m.
 NOTICE OF MARSHAL'S SALE.
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