Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1912-12-06
RECOUNT OF BALLOTS IN ASSES
SOR BATTLE TO BEGIN AT 10
O'CLOCK THIS MORNING
is PLAN.
OTHER CASES DISPOSED OF
Short Term of Court Soon Over; jury
is Discharged; Damage Suit Against
Ben J. Werner Results in Favor of
Defendant; State Cases End in In
sanity Charges.

Hearing of the election contest
proceedings brought by Arthur r.
Allen against Frank r. Meyer for the
office of assessor, will be taken up by
Judge Kelley in department No. 1, of
the Polk County Circuit court at 10
O'Clock this morning and will be
heard at once unless counsel for the
defense interpose some further objec-
ton and succeed in having the hear
ing postponed. A motion by the de-
fense to make the notice of contest
more specific and certain>in parts was
overruled by the court following ar
guments submitted on Wednesday
night although some minor portions
of the motion were sustained. G. L.
McNary, of Salem, appears for Allen
and Oscar Hayter and H. H. Belt of
this city for Meyer. The case has
attracted considerable attention and
large number of spectators will un-
doubtedly be present in court this
morning.
All other cases in court were dis
posed of on Wednesday and the jury
with the exception of three members
was discharged from further attend
ance. The grand jury, however will
be held to serve, if required at any
time previous to the drawing of their
successors at the May term.
Verdict for Defendant.
In the case of Lydia M. Howard
against Ben ]. Werner, of Dallas, for
$4,000 damages alleged to have been
received as the result of colliding with
the latters' automobile on the South
ern Pacific grounds in this city on the
night of April 6, 1912, the jury, on
Wednesday, after being out about four
hours, returned a verdict generating
Werner. A few minutes previous to
rendering the verdict the jury COM
municated with the court through the
bailiff, asking for additional instruc-
tions. They were brought into court
and, in the presence of counsel were
informed that where the jury finds
that the plaintiff has been guilty OF
any contributory negligence, plaintiff
cannot recover. They retired, and in
few minutes returned with the decis-
ion as above stated. Testimony was
completed Tuesday night and the jury
was charged by the court Wednesday
morning.
Other Business Wednesday.
D. Bradley Mfg. Co. vs. John Ebbe,
action for money, continued by con-
sent
L. Pfandhoefer vs. E. E. and Ora
williams, action for money, default
and judgment as prayed for.
Matthew & Bell VS.. Zoe and c. r.
Overmeyer action for money; dis
missed on motion of plaintiff. ]. III.
Flower for plaintiff.
State of Oregon VS.. Alexander Basye,
rape, continued on motion of defend
ant; John McNary for plaintiff, Swope
and Brown for defendant.
Charles D. Tice VS.. Falls City Lum-
Der company, damages, dismissed on
motion of plaintiff A. M. and ]. w.
Crawford, Sibley & Eakin for plaintiff;
Oscar Hatyer for defendant.
w. d. Wright VS.. j. M. Grant, tran
script from justice court; verdict for
plaintiff, judgment on verdict, and de-
fendant granted to, and including,
Jan. 4, 1918. in which to prepare and
serve proposed bill of exceptions. John
d. Turner for plaintiff. B. F. SwOpe
for defendant.
William Wright VS.. H. Holman and
]. M. Grant, demurrer to complaint
argued and taken under advisement.
John d. Turner for plaintiff, Oscar
Hayter for Grant. and Glen o. Hol-
man for Holman.
Fined for Liquor Sales.
In the case of the State of oregon
against John Hodge, a true bill being
returned by the grand jury, charging
him with selling liquor to minors. de-
fendant was sentenced to pay a fine
of $50, the state to recover its costs.
State Of Oregon VS.. T. Baker. charg-
ed with larceny from a dwelling. de-
fendant pleaded guilty and was sem
fenced to- a term in the penitentiary
without limitations. the minimum
sentence being one year and the max
imum Sc zen years.
In the case Of NJ. Hebbard, charg-
ed with forgery, and Thomas Homer.
accused Of assault. il was declared
that both were insane and. following
an examination before County Judge
Ed F. Coad, both were ordered COM
mitted to the state insane asylum at
Salem. Hebbard cashed a worthless
check at an Independence bank. and