The Oskaloosa herald., 1909-05-20
IN THE DISTRICT COURT
Disposition of Various Matters by
Judge and jury.

lease Of John S. Shaw VS. Fillmore Gar
liner. an action in which the plaintin
ia U. S. rural mail carrier of New
lShahon, endeayors to collect damages
claimed TO have been sustained in
collision with the defendants antonio
Ibile. At > o'clock this afternoon nc
report had yet been made to the court
by the jury III
The county attorney has dismissed
the indictment against Joe Griffin for
the reason that the witnesses are an
gone and in his Judgment it would be
Impossible to secure conviction.
Elmer Mickey, indicted for keeping
gambling house, has entered a plea
of guilty" as charged in the indict'
ment and May II has been set as the
date for pronouncing Judgment.
Gland Sullivan. indicted for keeping
gambling house, has entered a plea
lof guilty" as charged in the indict-
ment and May II has been set as the
date for pronouncing Judgment.
s. Sloan. indicted for lewdness and
indecent exposure. has entered plea
Iof guilty" as charged and asking
that time be waived, Judge Preston
liked The amount OF his fine at $40
and costs, he TO be confined in Che
county Jail until amount SHAH be paid
lat the rate of IS per day.
Jas. A Dewitt has been appointed
to assist the prosecution of WIN.
Kirkpatrick indicted twice for as
lsault with intent to murder
The jury returned verdict in favor
Q. the defendant in the damage SUIT
against Fillmore Garner of New Shar-
on, in which ,Tohn S. Shaw. a rural
mail carrier, claimed chat his buggy
had been demolished in collision
with the defendants automobile. The
Jury was out about six hours before
reporting their verdict.
The next case taken up was that of
the State of Iowa VS. Chas. Boatman,
accused OF breaking and entering Il
meat market at Fremont. A jury was
drawn Saturday and the evidence for
the state was opened this afternoon.
County Attorney Jas. G.. Patterson
and John Mccoy are prosecuting the
case and W. S. KenwoT;hy is appear
ing for the defendant
Elmer Mickey and Gland Sullivan,
both OF whom entered pleas guilty up
on indictments for keeping a gambling
house. were before the court this
morning TO hear the pronouncing of
Judgment against them. The former
was assessed fine of $500 and costs
and the later $50. for first offense.
The trial OF Chas. Boatman OF Fre+
mont On the charge OF breaking ana
entering was cut short in the district
court Monday. The evidence was op-
ened at 80 O'Clock in the afternoon
and the arguments OF the three attor.
neys had been completed before court
adjourned in the evening. The court
read his instructions to the jury at 8
O'clock this morning and they were
sent out to determine upon a verdict.
The jury returned a verdict about
, o'clock this afternoon, finding the
defendant. Chas. .Boatman, guilty as
charged in the indictment.
The Hawkeye Lumber Co. have filed
a motion with the county clerk asking
the court to require the board of re-
view of the city OF Oskaloosa TO pre-
pare an abstract. properly certified by
the clerk, as 10 the transaction in
which the taxable valuation of the
stock OF merchandise OF the lumber
was increased. 1t is proba-
BILE that the motion is preliminary to
the taking OF an appeal from the as
SeSsment as recently made.
'. E. Hamilton has taken an appeal
to the district court from the assess
ment of the board of review of the
city of OskalOOsa for their assessing
a judgment OF $4,000 which was
granted him by the district court
against W. A. McNeill and which is
now' pending in the supreme court.
He asks TO be relieved from paying
taxes on the Judgment until he finds
1ut whether or not it will stand.
Albert Weise, indicted for keeping
2 gambling house. was brought be-
lore Judge Preston this morning when
he entered a plea OF guilty as charged
and asked that time be waived and
Judgment pronounced. The court de.
;ided that he should be required TO
Jay fine of $l25 and costs or stand
in the county Jail until
such sum was paid. f. Mickey for the
same offeBse was sentenced to pay
Inc of 5000 and in addition serve two
months.
Following the trial OF Chas. Boat
nan, who was found guilty Of break.
ng and entering By a jury Tuesday
afternoon. the members OF the Jury
,anel we're excused until next Monday
when they will be asked to report for
he trial OF VIM. Kirkpatrick. upon the
'harge Of assault with intent to com.
nit murder. To-day miscellaneous non.
ury matters on the probate and civil
.alendars are occupying the atten-
ion Of the court. A new assignment
Il non-jury business has been made |
nd this viii suffice to occupy tie time
mtil next week
Stockholders Meeting.
The annual meefinD nj the sfncL |