The Oskaloosa herald., 1912-12-19
IN THE DISTRICT COURT
Disposition of Various Matters by
Judge and Jury.

After discussing the cases of War
en- vs.. The Penn State Fire Insur-
nee Co. and Warren VS.. The Franklin
Fire lsurance co. all day Friday and
half day Saturday, the case against
the former was dismissed and YER
dict was directed in favor of the
plaintiff in the latter. The case grew
out of a fire which Warren had in
Buxton last spring and really was
only controversy as to which com
pany had to pay the damages. War
rem instructed Ralph O'Hara to keep
the building in the Penn State Co
This company refused to carry the
policy on account of there being no
fire protection in the city of Buxton.
They cancelled the policy and O'Hara
so recorded it on his book. He then
went to Carl Johnson and insured the
building in the Franklin Co. The
first policy was marked cacelled Feb
Fl. The new policy was issued FEB.
81. On Saturday, Feb. "a, O'Hara
mailed the new policy to Warren at
Buxton and requested that the old
one be returned. On Sunday, Feb
rs, the building burned down and the
new policy was then in the post office,
the old one being in the safe of the
building. Warren was thus in the
possession of both policies and sued
on both of them, A trial jury was
asked, but the judge decided that the
matter was purely a legal one and
took it away from the jury. His de-
cision was given as above. c. c. Or.
viz 10 tho hn lot init
Burrell & Dewitt and Judge Bates, of
Chicago, were the attorneys for the
Penn State Co. and J. F. & w R.
Lacey were the attorneys for the
Franklin company.
The trial of Peter Wilson, charged
with murder in the first degree, start
ed this afternoon at 1870. Wilson is
charged with the murder of his wife,
Josephine Wilson, on Wednesday,
Sept. Is, 1912. About one O'Clock in
the morning of the, date mentioned
several shots were heard in rapid sue
cession, mingled with womans
screams, coming from the house at
3OS High avenue West. Upon investi-
cation by the police the body of Mrs,
Wilson was found lying on the floor
OF the front room with three bullets
in her body. Wilson was missing.
The several boarders in the mouse
were all In their rooms and so fright
ened that they were afraid TO come
out. The fact that Wilson was miss
ing fastened the suspicion on him
and search was Immediately started.
About eight o'clock that evening Mrs.
Fannie johnson, who lives at the cor
ner OF M street and Eleventh avenue,
telephoned to Constable Ed Henley
that Wilson was at their place and
wanted someone to come after him.
Wilson had been hiding in n corn
field on the old Vernon place all day
and had a severe wound in his breast.
He chilled so that he was hardly able
to move and needed medical assist
ance badly. When taken he admit
ted to the shooting of HIS wife but
that he had done II in self.
defense. This will be made the basis
of the efforts of the defense in the
trial. Realizing that the case will be
q hard fought one, the state has Sc
cured the services of Burrell & Dewitt
to assist County Attorney James Pat
terson in the prosecution of the case.
Dan Davis and Mccoy & Mccoy will
have charge OF the defense. About
twenty witnesses have been subpoena
ed for the case and many more will
probably be summoned before the
trial Is over.
DEGREES have been given in the
following cases In the district court;
Probate.
Guardianship of Alonzo Shaw. FL
nal report and settlement approved
Guardian and aureties DISCHARGED