Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1912-12-03

Immediately after being drawn and
charged by the Court, the grand jury
withdrew and took up their investiga-
tions. They made partial report at
noon today in which three of the five
prisoners held in the county jail for
examination, were discharged, and two
held. The substance of their report
was as follows:
True Bills Returned.
True bills were returned in the case
of M. Hibbard, charged with forgery,
and r. Baker, charged with larceny.
In the former case the prisoner is
accused of cashing a worthless check
at an independence bank late in Octo-
ber He was arrested in Salem and
brought back to Independence for
trial and bound over to the grand jury
by Justice Wilson. Baker is charged
with stealing a shotgun and a gold
watch from the dwelling of Loe Bros,
east of the city. 1t is reported that he
will plead guilty when arraigned in
court.
Three Are Discharged.
Not true bills were returned against
II. S. Bristow and Clifford Young,
charged with assault with dangerous
weapon, and Thomas Homer, charged
with assault. Bristow and Young
were arrested following a fight which
occurred on the west bank of the Will
lamette river, in West Salem, late in
July, in which the two men and two
or three others took part, and were
subsequently remanded to jail follow
ing an examination before Justice Hol-
man in this city. Bristow soon Sc
cured his liberty on bail, but Young
has put in the past few months in the
county bastile. George Skiff acted as
counsel for the two men.
Homer is the fellow accused of beat
ing up Foreman Mcdonald at the
wig Rich" ranch south of Independ-
ence a few days ago following his al
legged discharge from the employ of
the ranch company.
The grand jury was discharged at
2:30 this afternoon.
The trial of the damage suit of Mrs
Lydia M. Howard against Ben ]. Wer-
ner is now on and will probably re-
quire the balance of the afternoon. 1T
is thought that the suit for damages
instituted by William "Horseradish"
Wright against Sheriff Grant and JUS
tice Holman win be taken up tomor-
row.
Decided Monday.
In the action brought by the Nation
al Credit association against c. E. Ire
land argued to the Court on Monday
morning, the demurrer to the COM
plant was overruled, and 1t was stip
ulated that attorneys fee be fixed at
$50; judgment as prayed for, except
as to fee, for which judgment is
amended i'm the'sum of $50, in accord
ance with stipulation.
Damage suit of Mrs. Lydia w. How
ard, of Independence, against Ben J.
Werner. of Dallas, for injuries receiv-
ed as the result of an alleged automO-
bile accident at the Southern Pacific
station grounds in Dallas on the night
of April 6, 1912, occupied the atten
tion of the jury and the court Monday
afternoon and the greater portion Of
today. In this action plaintiff seeks
to recover damages in the sum of
$4,000. and alleges that she has been |
permanently injured by reason of the |
fact that she was struck by defend |
ants machine on the station grounds. /
She claims that she was standing on
the grounds on the night in question /
when the defendant drove his machine /
against her. without giving warning, |
and that the machine was not suppOs-
ed to be at the place indicated, but /
was in fact trespassing upon company |
that the station grounds /
are not for the use OF public vehicles. 4
and that she had no reason to sup
pose that she was In danger from such /
source.
Ran 60 Catch Train.
Testimony for plaintiff showed that I
she ran from the court house square .
to I. a. NJ. motor and that she reached I
the station in plenty OF time to make .
the connection. The prosecuting wit
ness declared that after she reached /
the station she found there was still .
plenty OF time TO take the train. and I
that she stood on the granite walk. %
or sanded portion OF the station /
grounds. watching the unloading Of |
baggage and express from the SOUTH
ern Pacific train. which had Just ar
rived from Portland. when the defend I
ants automobile ran into her. throw
ing her forcibly to the ground and .
causing the Injuries complained or /
Several witness were examined on
behalf of the plaintiff. but the major
ity Of them declared that the plaintiff