Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1911-10-12
CIRCUIT COURT NOTES
Clipped from Parker Press-Leader

The Salem township Anderson ditto
case which grew out Of G. K. Chris
te1lsen's appeal from the Commission
ers' RULING on the ditch assessments
resulted in a victory for Christensen:
the benefits being reduced about sew
enty five per cent. There are five
forties affected by the ditch and the
jury decided that they should be as
sessed $95, $25. s12, $40 and nothing,
respectively. The jury made this de-
cision after being taken out to view
the ditch where it affects the Chris
tensen farm. Bogue & Bogue ap-
peared for Christensen and L. l..
Fleeger for the Board
We were in error last week in sta
ting that Miss English was acting
as court stenographer. She was un-
able to be present and Edw. Boyles.
of Oacoma. S. D.. officiated in her
etead.
The Grant Eccar-ills saloon case
from Davis was occupying the court
when we went to press Thursday last
having opened late Wednesday, after
noon. The case continued to occupy
the court practically all day Thurs
day and at 1880 that evening Judge
Tripp charged the jury and they re-
tired to try and reach a verdict.
There was nothing doing In the yer,
dict lime however. Hour after hour
the twelve men tried and true en-
deacored to agree and could not. The
final ballot showed Z guilty and s
for acquittal. The weary jury sub.
mitted this verdict at 9:3O a. IN. Fri.
day, after an all nights vigil, and
were then discharged by the court.
At this writing it is not known wheth
er the States Attorney will again
bring the case up for trial or dis.
miss 1t. The prosecution claims that
on the night of June 30, 1911, the
last might upon which his license held
good, Eccarius refused to close al
nine and returned insulting messages
to the mayor. Eccari,S claims that
he did not send any messages and
that he closed at mine although he
stated to the marshalls that he did
not believe he should be compelled to
do so until eleven. This was by his
time. BY the time of the marshall
and mayor. the place was still open
at nine and until nine thirty- five
Thus the case resolved itself into a
4 question OF time" and witnesses fol
both prosecution and defense were
brought up ON this point and aston
fishing variations in Davis time pieces
upon that might we're revealed.
Edward Allen, of the firm of All
en- Bros, the Viborg druggist, who
was arrested upon evidence secured
by a detective and accused of sell
ing liquor without a license was
declared not guilty by the jury, Fri
iday afternoon. Attorney Fleeger up
peaTeQ Tor the Qe1enSe.
Floyd Parker, Of Hooker. was mex
brought up and charged with as
sault with a dangerous weapon upol
the person Of Section Foreman John
son, Of Hooker. Parker plead no
guilty and the case was submitted
to the jury without argument by cou1
sci. The jury returned a verdict o
mot guilty" after being out only tel
minutes. Parker is a young fellow
and a cripple, having practically M
use of his right arm. The evidenc,
also showed that the dangerous wes
pom" was light and brittle hoe O
fork handle. Fleeger was Parker
attorney in this case.
In the case of H. w. Elliott, O
Hurley, accused Of selling liquor
without license, the defendant plea
guilty and was fined $50.
| The case of D. G. Ward and d
]. Milks VS.. Austin Olsen, Center
willie case which grew out Of the saIt
OF leased land. came up Saturday fol,
noon and was continued upon reques
of plaintiffs attorney, L. L. Fleeger
who finding that the Judges ruling
would be adverse on the points upon
which he had based his case, asked
for the continuance in order to make
an amended compliant. Judge TripI
advising that precedent had re
Gently been established making nee
essary ruling in contradiction Il
| previnua decisions ynon oocae np INT