The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1909-11-04
IN TIE DISTRICT COURT
Disposition of Various Matters by
Judge and Jury.

There was no session Of the district
court today, the calendar having been
cleaned up ready for the commence
ment of the new assignment which
was made TO begin next Monday, Nov.
\ /, at 1880 o'clock, when the jury will
return and assist In ahreshihg out the
ccntroversiessin civirara criminal pro-
ceedings. The. assignment follows:
Cases Disposed Of.
w. II. Taylor & Co. VS.. l.. E. Cor
lett clerk. gaEnishee. in same VS.. Car
yer G Wooster and Willard Carver,
garnishment:A clerk as garnishee or
dered to pay Sewers & Bryan $25.o5
out of money in his hands as garnishee
and to pay the balance to w. II. Tay.
lor & Co.
j, C. Alcorn VS.. A. 7. Stevens, APP
plication for appointing receiver for
grocery store; notice to be given de-
4 PENDANT of application by serving
written notice upon him personally
notifying him to appear Nov. /, ~
M. NJ. Roberts, gdn., VS.. Charles
Kienast, ct al foreclosure; settled and
costs paid. ..r
Ernest Norman VS.. H. S. Davis, ap-
peal; trial and judgment against de-
!, PENDANT for $3.50 and costs. ~
! Fred Banner VS.. Mahaska County.
damages: continued for one term al
cost of $plaiitiff.
Elijah Carpenter vs. Liston McMill
en-, note; Judgment as,per stipulation.
/ lewis Bros. VS.. John Spencer ct al;
note; settled and Judgment VS.. defend
ant for costs and motion to reduce
4 fees of Wailacar& williams sustain.
ed and fees allowed in sum OF $3.50
instead of $1,000. .. .
Oskaloosa & Buxton Electric Ry
Co. VS.. c. P. Sipes. contract; action
II set aside default withdrawn and
judgment entered on subscription.
Alma johnson rs. Archie E. Slider,
note; dismissed withou. prejudice by
plaintiff at her cost.
Judge w. G. Clements arrived this
morning from his home in Newton
and reconvened the district court at
+. 1870 o'clock this afternoon. The
first case on the new jury assignment
today was that of q. T. Pointer, solic
ing the county for damages for al
legged injury to his horse which step
ped through hole in a county bridge
Eight indictments returned by the
last grand jury are still withheld from
| the public, as the defendants are not
yet under arrest or held under bonds
A total of twenty-three indictments, in
| Guiding charges against more than
twice that many defendants, were re.
turned by the grand jury. OF this
number, fifteen, involving about thirty
defendants, haze been reported. II
is understood that those remaining in
the dark are for the following al.
! legged crimes: One more for peddlng
without license; two more for NUS
ance; one for forgery; another for ut
tering a forged instrument; and three
in which the nature of the charges has
not been intimated. 10 -''+.
! In the action of the State vs.. Cubby
Rhoades, the bond on appeal was fixed
at $500.
A criminal action on the calendar
against Walter Walker, in which an
attempt was made to place the defend
ant under bonds to keep the peace,
has been disposed of, the entry read
ing, undertaking discharged"
K. NJ. Boyer, as referee and admin
istrator of the Jennie Prime estate,
has taken an appeal to the district
court from the action of the fence
viewers regarding the Prime farm.
A jury was secured Monday after.
noon for the trial of the damage suit
OF u. T. Pointer VS.. Mahaska county
for alleged injuries to his horse as the
result of hole in a county bridge.
The opening statements were made be
fore the evening adjournment of court
and the evidence is being taken to |
day. The jurymen hearing the easel
are Jas. Baldwin, Ben Blizzard, Wash
Bennett, w. c. Daily, c. Fuller, L. X |
Hackett l.. l.. kentiield. Ed Kerr, - |
F. McFall John Rempke, Sf, J. ID !
Thomas and A. Van Duren, ST. A. |
torneys for the plaintiff are Bolton 4
H'thSiN anu iol LHN utltnDt NJOuUli !
Attorney Jas. c. Patterson.
The John FirGbaugh divorce suit |
filed some time ago, has been dis
missed by the plaintiff
The second damage suit against Ma
haska county has been decided this
term in favor of the county, the suit
OF u. T, Pointer being taken from the
jury Monday afternoon upon the mo
ton of County Attorney Jas. Patter.
son, for the direction of verdict for
the defendant. The suit was brought
to recover $125.Q0 damages for injur.
les to horse alleged to have been
sustained on account of broken
bridge. 1t appeared from the plain
tiff's evidence that he had been paid
the sum of s35 for has claim by the
county board of supervisors and he
was only endeayoring to collect by
suit the remaining $50. which he claim
cd to be due him. Judge Clements