The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1913-06-28
TRACY GOT JUDGEM'T
FOR HIS ATTY. FEES
AFTERMATH or KIMBALL CLAIMS
AGAINST CITY SETTLED BY JURY
M'GRATH AND LOTT EVEN UP
Judge flannissn Continued Ms Rsforms.
tory Policy in Sentencing Prisoners
Convicted al this Term

The case of Tracy We Ross, which
was tried in the circuit court last Fri
day and decided in Tracy's favor. is
one that has particular interest in il
for Crystal Falls people. IL is an
aftermath Of the famous suits Of Ray
Kimball against the city OF CRYSTAL
Falls for damage TO his property by
fiowage from the power dam.
IL will be remembered that Mr..
Kimball settled his case with the
city on a basis OF 81, 600. Messrs
Power and Tracy were the attorneys
for Kimball and their fee amounted
20 $500 Several Of the local creditors
of the Mr.. Power garnisneed Kimball
and tied mp the money belonging 70
Power, 70 the amount Of about $3.50
Mr.. Kimball was supposed 10 have
paid over this money 10 DM. Ross
as sort Of stake holder and that
is the reason that the case was com
menced against Mr.. Ross
Harry Fraser appeared for Ross
and Mr.. Tracy for Power & Tracy
with most OF the Iron county bar
assisting him in one way or another.
II seems that question arose AZ TO
whether Mr.. Ross really received the
money or not The testimony Of Mr..
Ross and Of Chas II. Watson and also
Of Mr.. Tracy was that Mr.. Ross had
had the money in his possession but
Mr. Afford testified that he heard Mr..
Ross tell NJ. Tracy that he would get
the money from Kimbal and pay il
over.
The question Of fact TO be decided by
the jury was whether Mr.. Ross really
had the money or not. II he did not.
Kimball was the man 10 sue and not
Ross. Mr.. Ross, himself did not raise
this question 80 the conflict was be.
tween the testimony OF Watson and
Tracy on one side and Afford on the
other.
The record made in the final disposi
tion Of this case was remarkable Mr..
Tracy used about ten minutes in sum
ming up his side TO the jury Mr..
Fraser consumed about five minutes
the Judge charged the jury in about
the same length Of time and in ten
minutes afer the jury retired they re-.
turned with a verdict in. favor Of Mr..
Tracy.
The court convened Monday and
} continued ON the civil docket The
first important case up was that Of
Lott w the McGrath construction com
pany. This dispute arose over sub
contract which Lott held from th,
McGrath people for grading work OF
: the Beechwood road. Mr. Lott claim
ed that more money was due him thar
{ Mr.. McGrath paid TO him. McGratl
showed that be paid Lott for exactl,
what the engineermeasured mp and a
D the prices in the contract. ID seem
: that the contract which was betweel
McGrath and Lott differed ia one i'm
. portant point The county contrac
8 recited that McGrath should be- pai'
4 for the estimate given by the count
I engineer or his assistant but the con
: tract made between Lott and McGrat
g recited that Lott shouId be paid upo
9 the estimate made by "the comfy en-
! gineer'.
! Judge Flanagan held that an esti
2 mate made by an assistant TO th
a county engineer. although that esti
i mate had been reviewed and O. KID b
It the county engineer. was not accord
u ING TO the contract.
n The case went 10 the Jury upon th
evidence introduced by the two side
n and the jury returned a verdict Z
y a. 30 costs. one practically offsettin
% the other
q This ended the civil calendar exceT
J. some minor cases on the ohancery doc
y ket
Is On Wednesday the prisoners convict
o. cd during the criminal proceeding
J. were brought in for sentence. Judc
= Flannigan continued his policy of tr,
re ing 10 correct rather than punish n
or kmen convicted and dealt with tl
o. prisoners as follows:
Glemboskie was sentenced TO Ma
"a quette prison Tor not TO exceed
az years or less than years with recor
'lt mendation OF years.
" Rodonovoire was sentenced 10 Ma
10 quette for not to exceed 10 years
I'd less than s years with a recommend
In tion of years.
on Taborelli was sentenced 20 Marquet
v. for not more than 10 years or less thl
months with - recommendation Of