The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1910-11-21
cas-. Set for Trial This Morning in
superior Court to be Heard
Tomorrow After
noon.
DEFENDANTS WITNESS
Hotel Proprietor Asks for $2,356.75
for Fright, Damaged Property
and for Room
Rent.

Preliminary proceedings in what
Is really the beginning of a law suit
we're begun this morning in the SUI
perior court, when Henry F. Sanders
in written petition, prayed the court
to find judgment for him in the sum
of s2,356.75 with interest and costs,
Nelson Warner being made the de-
fendant in this case.
Sanders, the defendant in the case
of Warner vs.. Sanders, withdrew,
through his attorney, the answer that
was made by Attorney McManus, to
set aside the default. The attorney,
Sanders claims, had no connection
with the case and wrong legal con.
struction was presented him.
Sanders denies each and every allie
CATION made by Warner in a petition
prepared by the plaintiff, Ysth the
exception of those things that are ex-
pressly and specifically admitted i. G.
that on the It'll of July 1910, the
plaintiff paid the defendant $3.50, but
that $o3 of that amount was already
coming to the defendant.
The defendant says that the plain
tiff roomed and boarded at the hotel
and that $2675 is still due the hotel
proprietor. The defendant also claims
$3.50 is due and unpaid on one double
roo man done single room, the defend
ant setting forth in his petition that
he thinks one dollar per day for the
single room and two dollars for the
double room is just amount for the
time occupied by the plaintiff, from
July 18th to October %.
The defendant alleges that on Octo-
Der oath, last, he was maliciously and
unlawfully assaulted by the plaintiff
who discharged revolver at him
and in consideration of the nervous
shock, fright and indigniry to his
person, Sanders prays the court for
judgment of 81 ,O00
Also for damage to an electric
piano by the powder and ball in the
revolver used by the plaintiff, the de-
fendant claims 500 is due him, and
for damage to the wall in the parlor
vi the motel, $oU.
Motion For Continuance.
In the case of Warner vs. Sanders
set for this morning at 10 o'clock in
the superior court, the defendant
attorneys, made motion for continu-
ance OF the case. The defendant s
former attorney, on account OF
press of other business matters
claiming his attention, has been oblig.
ed to turn the case over to other at.
torneys and gave notice to the court
to that effect.
Sanders claims that he can secure
one George H. Hueston of Blandins
Vile, H., who knows of the revolver
shot that was fired at the hotel on
the 24th Of October and also that the
plaintiff said to this witness: Stick
Your head inside the door"
In opposition to Sanders motion
for continuance of the case. tht
attorney for the defendant claims
that by two o'clock tomorrow
afternoon he will be able to produce
Sanders said witness an dattempt t.
prove that Hueston did not see wha
the defendant alleges he saw ane
heard.
Come up in January.
Should the court decide to recog
nize the application for continuance
of the case at tomorrow afternoon
session. trial will be held some tim'
after the first of January, 1911. AT
torneys for the defendant have filet
notice that they are unable at tht
time to prepare for litigation ant
ask for time in which to do SO. The!
set forth that on account of distric
court cases which commence on th'
twenty-eighth of the month ane
end the first of the new year give'
rise to their asking that the case D'
continued.