Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1910-12-24
MUCH TINE SPENT
IN HEARING CASE
UNUSUAL FEATURES IN TRIAL
WERE AMOUNT OF WRITTEN
EVIDENCE AND DURATION or
WITNESSES ON STAND.

<AAsSA 0SAAuSi0SAA6 AoA tW0nSyS0OVCu
hours, the Jury in the case OF Byron
v. stevers against the Cleveland Coal
Co., involving some 100000 returned
verdict about 2:30 this afternoon for
the plaintiff, allowing him SIG ,357.86
Thus closed for the lower court a
case that has been in, progress since
December and occupied over two en-
tire weeks In hearing. The case
reached the Jury yesterday at 1890 a.
m. and at 80 p m. today the Jurors
attorneys had arrived in the court
room and the verdict was read, the
hands of the clock had stolen around
ingly for the plaintiff, was not entirely
In his favor. The defendant company
was awarded verdict for $8D2.14 on
counter claims which brought the YER
dict of $16,35O that was given the
plaintiff on the third count OF his
claims, to the sum of $15,35786 Moth
ing was awarded the plaintiff on his
second count, in which he claimssd
land sales from the optional price.
The winning count was for commits
sions on the land sold the Rock Island
railroad in Marion county.
Unusual Case.
The Sewers law suit has been one
Of unusual character among the cases
heard in Wapello county during the
present year in more ways than one.
In point Of written testimony intro.
|duced it exceeded in quantity the
Blair-Jackson vs. Wells Fargo Express
Co. case and the Shuttlefield damage
suit, there being a bushel grain sack
filled with various kinds Of written
matter brought into the case from
which 300,letters, vouchers. books, etc.
we're admitted as evidence. In givirls
these designation as exhibits. the
alphabet was run through six times
and numerals approximated 500, both
sides having considerable OF this class.
Of evidence to offer. Some cases have
had more witnesses to testify but few
have kept certain witnesses on the
stand for so long time during \
hearing. ut of ten witnesses beard.
eight occupied two days time while the
remaining two we're continually on the
stand for { 9 balance Of the trial which
begun ecember and continued fve
days each week during the interval.
Inc .,ldlUllH was OH lHS lSLdAut piA
days during the hearing.
Resume Of Case.
The cas- goes back several years in
the histor- Of th>, claims made by the
plaintiff 3. v. Sewers and dealt wan
the buying Of coal lands or the taktng
of options for the coal on lands for
which ser,fce the plaintiff was en-
ployed by the Cleveland Coal Co.
The Whitebreast Co. and the ]. G.,
Osgood interests generally were
brought into the limelight pretty freely
during the hearing. and men OF promi-
nence with these interests were wit
nesses Three counts were presented
in the petitions that made mp the case
and OF these the first count WAS ruled
out by the court on motion argued
Saturday for a directed verdict
optioned Coal Lands.
The amount involved in the case be-
fore the first count was eliminated was
over $4,000 with actual claims made
and the interest they would bear II
successful. AS brought out In the
trial Plaintiff Sewers had been en-
ployed some nineteen years by the
defendant company as it's agent to buy
coal lands and take options on the
same. He claimed among other things
that he was sent into what 10 known
among coal men as the Belinda Dallas
field in the southwest corner OF Marion
county and optioned 10000 acres Of
coal lands with the privilege Of buy
ing the coal rights at $25 per acre.
The cca! sSccssr.sppaaJ is said TO nave tol-
lowed up his work with drilling staff.
Claims Large Commission.
| He also claimed that In the fall OF
t1903 he took up with the president OF
the Rock Island railroad the matter Of
selling the field to the road. represent
ling that it was the last chance Of the
railroad to secure the property Dur
ling this time he claimed to have been
paid SIS per day salary as agent. 1t
afterward developed that the Rock
Island road bought 1000 acres OF this
land in the fall Of 1908 and the price
paid is a disputed one, the plaintiff
tclaiming that it brought either $780,.