Omaha daily bee., 1911-11-30
Nebraska
NEW TRIAL FOR MRS. DAVIS
Woman Who Killed Ira Churchill
Has Another Chance.
INSTRUCTIONS TO JURY WRONG
COuEt ordered the Panel Not TO Com
slider the Defense OF Insanity
other Decision OF the SUI
preme Court.

LINCOLN, Neb.. Nov 29.--)Speoial
Telegram. Mrs. Maggie Davis, convicted
OF murder in Cedar county and sentenced
10 prison for life, was granted new
trial by the supreme cour-. Airs, Davis
killed Ira Churchill because Of his failure
TO marry her after wronging her, The
supreme court holds that the instructions
of the trial court had the effect or taking
from the jury consideration OF the ds-
Tense of insanity. a right guaranteed
her under the laws
Opinions in the following cases were
filed by the supreme court today
State AGAINST Mall; finding Tor plaintiff;
decree laccordingly; Root, J., Fawcett, j..
and Reese, G. j., dissenting.
Mccarthy against Benedict on motion
for rehearlng; melton overruled; sedge-
Bennett against Baum: plaintiffs
given leave to amend petition Within
forty days 80 as to sustain findings %
referee. TX so amended judgment OF dis
trict court modified and aftairmed, each
party to pay his costs in this court
ii. r. .Cady Lumber company against
Barn ana ]. oorady agalnst Chicago
Burlington 4 Quincy Railroads reversed
and remanded; Root, ].
Reynolds against Adams reversed and
Kramer against Bankers Surety COM
pany; reversed and remanded. Letten, j.
Sabln against Cameron. IL within fifty
days plaintiff files a renittitur Of a10625
with Z per cent interest from July /, 1906,
judgment OF district court to be affirmed
each party 80 pay his own costs In this
court. II such remltttur be not filed,
judgment OF district court to be reversed
and cause remanded: Root. ].
Wilson against Wilson. reversed and
remanded with Instructions; Root, j.
Doll against Getsschmann reversed and
rem5nded with directions; Rose, j;
Wilson va Wilson; reversed and re
Gruenther We. Bank of Monroe; at
nrmed. Reese. G., J.i Root, Barnes and
stanisics vs., State. On motion of ad-
ministrator TO revive motion overruled.
Per curtain.
EllxhOrn Drainage Case demanded.
Morehouse VS. Elkhorn River Drainage
District; reversed and remanded. Sedg-
wick, j.
Maxwell VS.. Retsdorff; reversed and re-
license, Rose 81; sedgwick j., dissent
ing.
Davis vs., state;. reversed apd remanded
Root j.; Reese, 9. j.; Faweett and Sedg
Wick, j. coneurring separately. Barnes
and Letten. j., dissenting.
In reappearance of shank, Shank vs..
Lee; judgment OF district court reversed
with directions to that court to remand
cause to village board with instructions
TO revoke ana cancel license II issued.
Reese, C. ]. -
In temperance Sokul, Sokul VS.. Lee;
reversed and remanded with directions
to district court to reverse decision OF
board of trustees and order them to re-
woke and cancel the license II issued.
Reese, c. ].
In Temperance of Shue, Shue VS.. Lee;
reversed land Temanded with directions
to district court to reverse order OF viii
lage board granting a license, and II a
license has been issued, revoke and cancel
same. Reese, G. ].
State lex.Frel Graham VS.. Bratt; judg.
ment OF district court reversed and acL
ton dismissed. at REALTORS costs. Fawcett,
r.
Smith VS.. Potter; reversed and re-
handed; Letten, j.
Fleg VS.. state; reversed and remanded.
Sedgwick, ].
~ Motions for RehenrinE.
Following rulings on motions for re.
bearing:
.Chapln VS.. Village OF College View;
oSerrued.
State ex rel. Butte VS.. Village of Col
lege View; oVerruled.
Mccarthy We. Benedict; overruled.
First National Bank of Omaha VS..
Cooper; overruled.
Anderson VS.. Eoleman; overruled.
Southern Realty Co. VS.. Harmon; over
ruled.
Rossback VS.. Micks; overruled.