The Oskaloosa herald., 1914-01-22
IN THE DISTRICT COURT
Disposition Of Various Matters by
Judge and Jury. .

Judge and Jury. ..
After having been out for thirty
hours, the jury In the Nicola murd-
er trial reported to the court at four
o'clock Sunday afternoon that they
were unable to reach a verdict and
were excused from the case. The
men had received the instructions of
the Judge and retired at ten o'clock
Saturday morning. According TO the
jurors, the final ballot on a verdict
resulted in vote of to for ac-
quittal, and it Is said that two Of the
minority members later offered TO
submit to the will of the majority,
but the third man stood firm and re-
fused to come over. The first ballot
taken resulted in a vote of six for
conviction to six Tor acquittal.
Attorneys for the State this morn.
ing refused to accept the old bond,
signed by the mother and other rela-
tives of the defendant, in the Nicola
case. A new bond was made and ap-
proved by the court, being signed by
IT. J. Riley, of Jasper county, and the
defendant was again released from
custody. Bond is in the sum of $lO,'
100000. The case will probably come
up for trial again at the February
term of court.
The trial of Paul Richardson, indict-
ed by the grand jury for participa-
ton in the street car riot last NO
vember, Is scheduled to begin this
afternoon. Richardson is accused OF
interfering with the work OF the fire
men by cutting the fire hose on the
night of the riot. Hon. Dan Hamil'
ton, OF Sigourney, Is to assist County
Attorney John McCutcheOn in the
prosecution of the eight men indicted
for taking part in the riot.
The following entries were made in
the court calendar Saturday by Judge
SilwOld:
Equity.
Hamilton & Hamilton VS.. Homer
H. Hedge. Trial. Homer Hedge ord
cred to fOrthWitn pay jddg nent &c
this court with all costs. Action was
brought TO obtain this order.
Homer Johnson VS.. Maggie Johnson
F. j. Evans app .nted to take deposi
ton of one hudson to be used as eVi
dence in this case.
Probate.
Guardianship of Iva B. Upton, NJ. l.
Upton VS.. Iva B. Upton. Report o.
sale approved. Deed ordered and ap
proved Guardian authorized to de
post funds. Application to sell rea
estate for hearing at ] o'clock p. m.
, February 2.
Estate of ]. G. Crookham. Final re
port and application to deposit funds
of heirs to whom payment cannot b.
. made for various reasons set fo
hearing Feb. 2.
Guardianship Of Clyde Duncan. NJ
: David, gdn. VS.. Clyde Duncan. Fina
: report set for hearing at 3 o'clock Jan
/ &c.
. Estate of David Bryson. Hearing
, on final report set for Jan. 26.
Opening statements Of the attor
/, neys were made and some testimon,
taken this morning in the trial o
Paul Richardson, under indictmen
for cutting the fire hose on the nigh
of the street car strike riot last Nc
Z vember. d. w. Hamilton made tn
. opening statement for the State an
Dan Davis outlined the plans Of tn
defense to the jury. Witnesses 70
the state were heard during tn
morning session. Not a great dea
of testimony Is to be introduced b,
/ either side and it is quite probable
t that the case will go to the jury to
morrow.
, The empaneling of a jury for tn
Richardson trial occupied the cOur
!. throughout the afternoon yesterday
~
:, fore the twelve men who will sit Of
the case were finally chosen. An OF
. der was issued by Judge Silwold tina
= the jury in this case shall be Kept tC
gether throughout the entire trial II
charge OF two officers. County AttoI
. ney John McCutcheon and Hon. ID. w
, Hamilton, of Sigourney, are repre-
, senting the State in prosecuting tn
, case and the firm of Davis & Orvi
. appear for the defendant. The jul
, ors sitting on the case are as follows
Walter Brummel, Madison.
.. Fred Davis, Adams.
John Flanders, Jefferson.
George Joesting, Cedar.
Guffy Johnson, Jefferson.
) J. J. Morgan, East Garfield.
John II. Phillips, East Garfield.
: Homer Prime, West Garfield.
John Sedrel, Scott.
Joseph Shaw, Prairie.
, Harry Stanley, Prairie.
A. Uttermarkt, Jefferson.
All the jurors not serving on thi
case were excused by Judge Silwol'
for the remainder of the term. Thu
J February term of court opens Monda.
! Feb. 2, and the intervening time be
, tween the completion OF the Richard
son case and the opening OF the new
term will be devoted to the disposi
, ton of non-jury causes. Hon. Johl
F. Talbot, Of Brooklyn, will be tn
presiding judge at the February term
Closing arguments of attorneys II
the Richardson trial are being deliv
cred to the jury this afternoon and |
, is probable that the case will go L
. the jury late to-day or tomorrow
morning. Two witnesses were place.
! on the stand by the defense THU
morning and some little testimon!
was introduced by the State In rebut
tai County Attorney John McCut
cheon delivered the opening arg,l
ment for the State. C. c. Orvis wa