Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-02-23
w. v. SILVERs DEFENDANT IN
LITIGATION OVER LEASE ON
SALOON BUILDING SETTLES
ON JUDGMENT
First National Bank Wins Suit From
w. A. Fulton Through Agreement
Of the counseI-Damaqe Case
Comes Next.

Through the attorneys getting to
gether and deducting the accounts
owed by N. P. Byrne to w. v. Silvers
settlement of the case heard this
morning between the two was reached
and $500 was the amount of the judg.
ment given Byrne. The case was dis.
missed and the damage case of Oscar
Elk against the Phillips Fuel Co., be.
gan shortly after court resumed this
afternoon.
The hearing Of the case of N. P. Byr.
ne vs.. w. v. Silvers, in which the
claim was for rent on building
owned by the former and leased to the
latter for q saloon at the corner OF
Clay and Sherman streets, closed to-
day. Wv. Silvers was one Of the
chief witnesses and in his testimony
reviewed more or less of the saloon
history in Ottumwa in its relation to
the revocation of two years ago and
other saloon cases. The cases devel-
oped that the county auditor has no
record other than the papers filed by
saloon men covering their permits,
consent Of freeholders, bonds, ETC., and
no account of these is kept In any
book to account for them in the event
they should get lost. The contention
arose in the case over the closing OF
the saloons during the period when the
revocation period caused number OF
the saloons to close their doors temp
orarily while the petition was being
canvassed and its sulf1ciency was be.
ing established. During this period the
building rented and leased from Byrne
by Silvers was closed for six months
and Silvers retained key to the
structure and had his bar fixtures in
the building. The rent was placed at
the figure Of 1880 per month and 1t
Is this rent that Byrne would collect. |
The matter of consent Of persons re-
siding near the saloon was brought out
In the evidence and it was shown that
the consent Of one person had never |
been obtained to legalize the saloon
Under the mulct laws.
Wants $4,000 Damages.
Following the Byrne case the dam.
age case Of Oscar Elk against the Phil
lips Fuel Co., came up for hear
ng. While there are other cases that
should come between these two mat
.ers, the hearing Of the damage
case will be held first. This is
brought by Mr.. Elk on the claim of in
Jury sustained through the negligence
# the mining concern. He claims to
lave lost one Of his thumbs while
irving mule in the Bear creek mines
md suses for $4,000.
Bank Given Case.
BY agreement of the counsel In the
ase of First National bank against
". A. Fulton Judgment has been
greed upon in which the finding is
made for the plaintiff against the de-
endant for the full sum Of the note
With interest, attorney fee, ETC., as per
tipulation filed which permits the de-
endant to pay the same before the /,
asst day of the term in order to pre-
ent the Judgment being entered for
ecord.
A record entry appears in the clerks
flee of the case of A. M. DeFrance ,
8. Ida Reeves which was decided in ,
he district court some time ago in ,
avor Of the plaintiff but upon appeal 8
, the supreme court was reversed and !
he case dismissed. The entry is made !
D conform to the ruling Of the su. '
rene court