Omaha daily bee., 1909-02-12
INDICTMENTS ARE gUASHED
megality of Last Years Grand Jury
Cause of the Ruling.
CASES GO TO PRESENT JURY
All Parties Interested Present and
waive Challenge to Jury Now Mt
work-Court Assigns Law
Cases for Hearing.

As a result of Judge Thornell ruling
Tuesday that the district court grand jury
for 1905 had been improperly drawn. seven
indictments returned by that body were
duashed yesterday. Judge Thornell ordered
that the defendants in these cases be held
under bonds to the grand jury which Is
now in session.
Following the duashing of the indictments
the defendants were presented to the pres
ent grand jury and in each case waive
challenge. The grand jury then adjourned
to next Monday. at which time these cases
will be resubmitted.
The cases in which the Indictments were
quashed and the defendants held to the
present grand jury were: H. V. Battey,
former clerk of the district court. two in
dictments. one on the charge of embez-
element OF funds belonging to the county,
and the other on a charge of forgery; Mrs.
May Noble. proprietress Of the Riverside
hotel, two indictments, one on the charge
OF keeping a house OF ill-fame and the
other on the charge of maintaining a null
sonce; John H. Schefler, charged Wit
keeping a gambling house; George Town
ley, saloonkeeper, charged with maintain
ing a nuisance; Gus Volkus, Charles Per-
rine and william Frazer, Jointly indicted
on the charge of keeping a gambling
house; Haired Bolton, proprietor of a gro
Gerry store. indicted on the charge OF re-
sisting Constable Baker in service Of
process, pleaded guilty and was fined $50
and costs. A motion to quash the indict-
ment against Bolton was overruled by
Judge Thornell. who held that the plea
that had been previously entered was a
bar to such a motion.
y II ~ ~ 1A---l --gN l.
maliciously injuring a beast, no motion to
quash the Indictment was made and a plea
of not guilty was entered by the defend
ant. A similar plea was entered in the case
against Andy Spokesman, a s%aloonkeeper
charged with maintaining a nuisance, and
upon request of the defense the case was
continued to the March term or court.
James O'Brien. indicted Tuesday on the
charge of breaking into the general store
of j. A. Weber at Nicola on 0the night Of
December 30 and stealing fur garments val
ued at $3.50. entered a plea of guilty and
was given an indeterminate sentence not to
exceed five years in the penitentiary at
Anamosa. O'Brien was arrested the day
following the burglary, in Omaha, at a
restaurant where he had gone to visit a
young woman. He claimed to. have dis
posed of the furs to a pawnbroker in Des
Molnes. and after his arrest was taken
there to testify before the Polk county
grand jury against the pawnbroker, who
was charged with receiving stolen prop
erty. -tAA Lha s.G II.
On the ground that here was insnffi-
cient evidence to convict the case against
Hans d.. Nelson. charged with embezzle-
ment, was dismissed on motion of the
county attorney.
plaaa ~ NOT vu{1txs uvo-o nto-od 49,
day by Mike Rappo, Dave Mooney, James
Quinice, George w. Pruitt, Walter Good
win and Albert Hogan, indictments
against whom were reported Tuesday.
The jury in the suit of Mrs. Ivy Colds
berry against Hansen and Nielsen, sa-
loonkeepers. brought in a sealed verdict
yesterday morning at 1 o'clock. II was
opened by Judge Green on converting
COURT and was found to give the plaintiff
$500 actual and 500 exemplary damages.
Mrs. Goldsberry sued for IS, 900. alleging
that the defendants had sold her minor
son liquor on several occasions.
The following fourth law assignment
was made by Judge ThorneII: ?
Thursday February 11--state Of Iowa
against Henry W9hlers; J a. GiIlilend
Railway company; Clarence Smith against
Ernest Eyeberg; A. e. Bray against j. A.
hlTh..
Saturday, February I'D. B.. Coats
against ]. ]. Christensen ct al; Divide
Wen, trustee, against Truman Jones;
Monday, February Infancy stebler
ct al. against Jacob Neumeyer. executor,
ct al state Of Iowa against Arthur Ed
monds and Burr Wright.
Tuesday, February is-Effie l.. Lenocker
against Union Pacific Railroad company
ct al; state of Iowa against Isaac Robins;
state OF Iowa against Walter Goodwin;
State OF Iowa against Walter Goodwin:
state OF Iowa against George w. Pruitt;
state or Iowa against Joseph Leveseur;
state OF Iowa against Dave Mooney; State
or Iowa against Dave Mooney.
wednesday, February 17-Charles r
Chase against f, w. Houston ct al; State
OF Iowa against Mix Rappo; State OF
Iowa against Mike Rappo; State OF Iowa
against Albert Hogan.
Thursday, February 1s-wabash Rail-
road company against Monarch Manufac-
turing company State of Iowa against
harry Druen; State of Iowa against James
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