The Oskaloosa herald., 1911-03-16
in THE DISTRICT COURT
Disposition Of Various Matters by
Judge and Jury.

| Inc LocKhart damage suit came 10
an end in the returning of the jury
with verdict of $3.50 for the plain
tiff The suit was brought by l.. Nj.
Bacon, administrator, in the estate
of Martin w. Lockhart vs.. the Iowa
Central railroad.
Martin Lockhart, an old resident
was killed on the High avenue cross.
ing, April II, 1905, by an engine back.
ing into him as he was crossing the
tracks. Both legs were cut OFF and
other injuries sustained caused al.
most instant death. The estate com.
menced suit against the railroad
company for $4,000. The case was
sent back from the federal court and
under the modified petition, in which
the amount OF the damage claimed
was reduced to the jurisdiction OF
the district court and trial heard.
The evidence of the defense having
been completed the arguments, which
were of unusual brevity for case OF
this character, were made, the in.
structions to the jury given and the
jury retired shortly before four
o'clock Friday afternoon. The yer.
dict was reached and delivered in less
than five hours.
Following the giving of the Lock
hart case to the jury and the enter.
ing of number of notes in the dock
ct, district court was adjourned to
1880 o'clock Monday, when the state
l l. nd xvn
no other business assigned that could
be reached and Judge Talbot an.
nounced adjournment.
The first case of the criminal as.
signment is that of Ed SPAWN, in.
dicted on a charge of assault with
intent to injure.
There was no court this morning.
Judge Talbot did not arrive in the
city in time for the morning session.
This TX will be taken up entire
ly with criminal business. The trials
of Dan O'Brien, indicted for receiving
stolen property, and Cecil Lockhart
for attempted murder, will be the
first cases taken up. They will likely
be brief and the remainder of the
week will be taken up with the larger
criminal trials of the term. The
State VS.. Grant Brown is retry case
as it was tried during previous
term, the jury disagreeing. Judging
by the time taken in the first trial,
q whole week will be consumed in its
disposition. The following are some
of the witnesses subpoenaed for the
trial: Marion Potts, Mrs. Marion
Potts, Robert McCord, Henry Jepson.
]. c, Barringer, j. Harshburger, Bon
ME Mckinley, Elizabeth Shinofeld,
Edna Brown, Chas. w. Barrett, Clara
Barrett, VIM. Brown, II. S. Moody,
DR.. J. G. Roberts, F. E. Brown, John
H. Brown, Gene Brown, Mrs. Gene
Brown and Martha Brown. --r'f.
The following cases were disposed
of Saturday:
Estate of J. p. McCrea. The order
of sale made last term was set aside
for the reason that no notice was
made. Irving c. Johnson was ap-
pointed guardian adliten for Iowa
and Boyd McCrea. An order of sale
was granted. Report of sale approx
ed, deed ordered and approved.
Guardianship of Halle Heki, minor.
David S. David appointed guardian
adliten for VIM. Heki, Also a minor.
Hearing on application to sell minors
interest in real estate. An order for
sale of same given provided interest
is sold for an amount not less than
amount received at private sale.
Will of George Warner. Admitted
to probate, and Rebecca Warner ap,
pointed executrix without bond.
Guardianship of Mary Lloyd. Or
dered that hearing on application to
sell real estate of ward be set for
March Gath.
Estate of Amanda Ferguson. Final
report approved and administrator
. discharged.
John Jenkins, colored. indicted and
. having confessed his guilt of conduct
ing liquor nuisance, was fined $500
and costs and ordered confined in
! Jail until fine is paid. No bond or
: appeal filed.
i Bolton G. Shangle were appointed
attorneys to defend Lon Small, recent
~ indicted for larceny from a build
ing.
, New Cases Filed.
Carl Johnson vs.. w. L. McMahaI
. ct. al, is the title of case filed Sat
3 urday, in which the plaintiff claims
e that a certain promissory note TO-
S159.42 was made and delivered b!
Z the defendants on April "a, 1906. Tit
/. plaintiff demands Judgment on not
h for s215.l7, with interest and costs.
Mathew Holmes has filed sui
g against Phoebe Holmes and 7. II
Holmes, in which he asks judgmen
:. for $4,000 with ) per cent interes
on promissory note, which n
claims is due and unpaid.
& In the matter of general settlement
of consent to sell intoxicating liquor
i within the ,ity of Oskaloosa. Judg
c Talbot yesterday ordered that tn
city clerk be authorized to WITHDRAW
e one set of poll books and retur
/. same by March 2Sth. The book
II were ordered Withdrawn so that the
Is may be used in the coming city ele'