Baraboo weekly news. [volume] (Baraboo, Wis.) 1912-197?, 1913-03-27
CASES CONSIDERED
IN CIRCUIT COURT
Story of the Scarlet Letter
Comes From Near
Reedsburg.
DAMAGE CASE DECIDED
Jury Awards Widow $4,000
and Daughter $1,000
Jury Out Four Hours.

IL p" 0o bLAC OAb9 OAN oHSNJ "a SA~ O~N'N
let Letter. Floyd Fleming and Ruth
Spaulding reside near Reedsburg and
the courts were appealed to in order TO
settle the matter. There was the child
and the convincing evidence OF the
mother It was for the twelve men 10
decide and they brought in the ver-
dict which usually follows in such
cases-the accused was found to be
the father of the child.
The defendant is to pay $50 per
year for the next five years;
SIS per yea for five years succeeding;
and $100 per year for the five years
succeeding that term. The money is
TO be paid toward the support of the
child.
There was something unusual In the
drawing of this jury. Usually from
one to six are excused because they
know something of the case or for
some other reason. In this instance
the first twelve men drawn from the
box were chosen to try the issue. Those
who are familiar with the Sauk county
circuit court state that it has been a
long, long time since this happened, in
fact some of them cannot remember
that it ever happened before.
The Jurors were as follows: Joseph
Bindl, Jr., E. ii. CadY, G.. n. Dodge, y
w. Fl. Dierken, Peter Geier, George
Graves, w. s. Halsted, Theodore
Kramer, w. II. Leiser, Leonard
Ploetz, Rudolph Schlag and F. B.
Simpson.
The following were among the wit
nesses: DR.. @. A. Rood, Floyd Flem-
ing, Chas. Stevens, Eva Sonnenberg,
Roy Grail, James A. Stone, Herbert
Shade, Ruth Spaulding Harold Boyd,
Merton Prouty, Robert Prouty, Harold
Kleeber and Vernie Thayer.
At 1880 Friday evening the jury
brought in their decision in the case of
Rosa Sweet, executrix of the will of
James Sweet, deceased, against the
Chicago & North western railroad Co.
The case has been receiving the atten-
tion of the cour. for two days and the
jury went out Immediately after sup
per. The case involved a claim on the
part of the plaintiff for $4,000 from
the railroad company. 1t will be re.
membered that James Sweet, switch
man, was killed in the G. & n. W.
yards here year ago February.
There was special verdict and the
following questions were submitted to
the jury:
l. Did the switch foreman use or
dinary care in conducting the polling
operation?
Answer: No.
2 Did the engineer use ordinary
care in operating the engine during
the polling operation?
Answer: No.
3. If you answer questions 1 and 2,
or either of them No, then answer the
following:
Was the want sof ordinary care
thus found the proximate cause of
Sweets death?
Answer: Yes.
4. Was there any want of ordinary
care on Sweets part that proximately
contributed to his death?
Answer: No.
5. Did Sweet know that the polling
was to be done without stopping the
engine when the pole was set TO allow
him to step out of danger?
Answer: No.
8. What sum will compensate the
widow for the pecuniary loss sustained
as q result Of Sweets death?
Answer: $4,000.
Z. What sum will compensate the
children for pecuniary loss SUSTAINED d
as a result of Sweets death?
Answer: $1,000.
This case was defended under the
Interstate commerce act which in
wolves and makes applicable the fed
eral law, and raises different questions
of law than under the state law. The
attorneys for the railroad state that
the case therefore will be appealed
from this decision to the supreme
court and can be taken to the United
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