The Oskaloosa herald., 1911-03-23
IN THE DISTRICT COURT
Disposition Of Various Matters by
Judge and Jury.

trial. The entire week VIII De re-
quired in trying the case.
The following is list of cases
and the dispositions made of each in
Friday afternosn's session.
The divorce case OF Mary Drew VS.,
John Drew; additional evidence tax.
en- and matter submitted to the court
H. c. France & Co. VS.. l.. E. Cor
lett, garnishee in same VS.. John L.
Gum. Plaintiff given until Monday
to file resistance to motion to dis.
charge.
Estate of Elmer Y. Russell order
ed that sale of note of $500, princi-
pal amount due by administrator to
G. w. Russell for $5,475.00 be paid
and the same is hereby approved.
VIII of Charles S. Kindig. Foreign
will admitted to probate. Jessie II.
Kindig is appointed executrix with
out bond Ordered that executrix
deed for property described in appli-
cation to correct error in deed made
by trustee.
Guardianship of Erman Ellsworth.
The guardian is authorized to pay
attorney fee to J. o. Malcolm, $3.50
and costs of appraisement, $3.50, ana
guardian ad liten for $500.
Estate of Thomas J. Wilcox. Hear
ing on application to sell granted and
ordered that administrator may sell
same for not less than $500.
The Chicago, Rock Island IL Pacific
Ry. Co. was made defendant in suit
filed Saturday morning with the
clerk. Geo. II. Jones brings suit
through his attorney in the sum OF
81. 999.J0 for damages alleged to have
been received on one Of the defend
ants trains. The plaintiff asserts
that he was riding on a passenger
train and when near Leighton the
train struck cattle and he was
thrown from his seat and was per
manently injured.
Court is in session this afternoon
after two days vacation. A jury IS
being selected to try the case of the
state VS.. Grant Brown, charged with
murder. The attorneys are of the
opinion that the remainder of the
week will be taken in the trial Of this
case.
Deputy Sheriff Chas. Briney re-
turned from Mystic Saturday even
ing with James and William Fox IN
custody. Father and son were
brought back to face indictments re-
turned against them by the grand
Jury. William Fox was indicted for
malicious injury to property, while
James Fox was indicted for conduct
ing a nuisance. They are held await
ing trial.
The Jury in the Grant Brown mur-
der trial was empanelied late last
evening and opening statements by
the attorneys were made this morn
ing. The following are jurors:
Wash Bonnet, J. A. Brown, s. A..
Caldwell, Upton COOmes, I. II. Els
worth, Herbert Harrison, c. l.. Ho-
warth, Robert McKibben, Haryc Rich
ard. Clinton Shaw, ID. Van der WAL
and r. T.. WhcatCrOft. County Attor-
ney j. G.. Patterson assisted by J. A.
Dewitt will have charge of the prose-
cution while Frank Il. Nash, assisted
by w. S. KenwOrthy will have charge
of the defense. The state has sub
poeuaed the following witnesses: j.
G. Barringcr, J. Harshbarger, Bonnie
Mckinley. Elizabeth Shenofeld, Chas.
w. Barrett, Clara Barrett, II. 5.
Moody, DR.. J. G. Roberts, Samuel
Barrett, Martha Brown, frankie Ris-
ney and Mrs Birdie Risney. The
following are witnesses for the de
Tense: Marion Potts, Mrs. Marion
Potts, Robert McCOrd, Henry jepson,
Edna Brown, VIM. Brown, T. Il.
Brown, Mrs. J. II. Brown, John ii.
Brown and Mrs. Gene Brown.
In the opening statements made by
Attorney Dewitt this morning the
state will try to prove THAT a man
answering the description OF Grant
Brown, seen near the home OF Mrs.
Chas. Barrett shortly before the muir
der of Chas. Barrett and seen run
ming down an alley and past the Ris-
uey home, corner 9th avenue and +
street, was in fact Grant Brown.
The defense will attempt to prove
that the defendant Grant Brown was
at home and in bed at the time of
the shooting. They will try to prove
this through alibi.
James Fox was arraigned this
morning before Judge Tolbott to an
swer to an indictemnt for conducting
nuisance near Durfee. He entered
plea OF guilty and Friday was set
for pronouncing Judgment.
Will Fox son of James Fox. was
arraigrcd before the judge this morn
ing to answer an indictment for the
malicious injury Of property. He is
charged with assisting win Fry in
the destruction of building owned
by o. l.. Johnson at Durfee. Fry re-
ceived sentence Of two months in
Jail. but il Is undecided what to do
with young Fox, as he is only Is years
of age. Dan Davis was appointed to
defend him.
Thomas & Holmes OF this city filed
suit against A. L.. Stutzman of New
Sharon. They ask for a Judgment In
tho sum of $935.05 with costs. They
allege that they Installed a hot water