The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1914-03-05
in THEDISTRICT COURT
Dispositions of Various Matters by
Judge and Jury.

Il
leleyen O'clock last night until sevel
!. this morning and their work was. a
Iso. considerably hampered by the i'll
ness of one of the men. The eXac
Icharge against Richardson was tina
of malicious injury to the fire appar
atus." The penalty imposed by th'
statutes for this crime is imprison
ment in the penitentiary for u per
iod of not less than one nor NOR,
4 than three years. Thursday morning
: March ), was fixed by Judge Talbot
: as the time Tor prOnouncing sentence
r and the defendant was given until
. Wednesday, March 4, to file a motion
for a new trial.
Hearing of the Richardson case was
begun at 80 O'Clock Thursday noon
The case was tried with but eleven
jurors owing TO the sudden Illness Oi
! one OF the men just after the jury
lhad been. empanneled. Both sides ag'
reed that their verdict should be just
las effective and binding as though
rendered by a full jury.
| Inc Richardson case was sent to
the jury at o'clock last night. TAX
ling OF testimony was concluded at
1880 Yesterday afternoon and final
4
ished at $50. Court was then ad-
journed by Judge Talbot until 1880
at which time the instruction TO the
/ jury were read and the jurors sent
out.
! The state had completed introduc.
ton OF evidence at 10 o'clock yestef-
day morning after introducing about
Il dozen Witnesses who testified TO
seeing Il man in Il white coat from the
direction Of the Royal Cafe on the
night of the riot and cut the hose.
Several OF the witnesses said that the
man was Paul Richardson to the best
iCf their knowledge although but one
,If them, an out-Of-tOwn man who hap
lpemed Ia he here at the time. could
positively say that the defendant WAS
the fellow who committed the act.
Nearly twenty witnesses were
placed on the stand by the defense
during the morning and afternoon.
Tine greater portion Of these were used
to establish an alibi for the defend.
ant. Employees and patrons OF the
Royal Cafe. where Richai dson was
employed. stated that ne was in the
restaurant at the time OF the hose
was cut Two witnesses. Perry Bull
iers and l.. J. Parry, stated that they
saw the man cut the hose and said
that it was not Paul Richardson.
Other witness SEES. testified to the good
reputation OF the defendant.
County Attorney John McCutcheon
delivered the opening argument for
the state at 2:30 o'clock and he was
followed by S. V. Reynolds for the
defense. Dan Hamilton closed for
the state and finished about $50.
No more criminal cases are 10 be
heard NJ this term OF court. An as
signment OF civil cases was made
Yesterday morning by Judge Talbot
to begin Tuesday at 9 a. m, at which
time the jurors not. on the Richard
son case were excused. !
Mahaska County district court con I
yenes at nine o'clock tomorrow morn /!
ing after over Sunday adjournment /
and the hearing OF the cases on the !
civil assignment will occupy the court !.
the week. The petit jnr- (,
Ors were excused last week until to- /
morrow morning. Fixing OF sentences (
in the BOswOrth and Morgan cases Is .
also set for nine o'clock tomorrow. !
Bssworth was tried and convicted last |
week OF malicious injury to chattels .
during the street car riot last fall and |!
Morgan entered plea OF guilty 10 the !
same charge Thursday has been set |
by Judge Talbot as the time for pro !
nOuncing Judgment on Paul Richards, !
who was found guilty Saturday OF /
malicious injury TO the fire apparatus .
by jury that was out twelve hours. |
This case was another OF the strike :
riot indictments.
Attorneys r. r. Nash and II. d. !
Mccoy have filed a motion with the !
court for a new trial in the case OF :
State vs.. Chattie l.. Nicola. The de- |
PENDANT in this case was found guilty |
over d week ago OF manslaughter. The !
motion on file is long one and con |
tains 60 paragraphs. The principal |
grounds on which the motion is based |
are alleged wrongful instructions Civ. !
en- to the jury by the court and mis-
conduct of the county attorney in re- !
ferring 10 the TACT that the defend !
ant did not take the stand in his own !
defense The latter statement is at. !
tributed to the county attorney in his /
opening argument to the jury and Is !
claimed by the defense 70 be in VIZ
Iatlon OF Sec. J4$4 OF the Code. Judge /
Talbot has fixed Thursday. March ),
at 8 a. n. as the time for pronouncfHg :
Judgment and hearing the motion for .
a new trial. /
No more criminal cases will be |
heard until the April term OF court.
All the cases ready for trial at this /
time in the criminal division are riot /
cases and the fact that nearly every
one of the fifty petit jurors for this
term have served on one OF the riot |
cases already heard and consequent
ly might be inclined TO be pretudiced,
Is given as the reason for postponing
the hearing of the remainder until an
other yenire OF jurors Is drawn. Four
Of the strike riot cases have now been l
OF and -four remain to be /
heard. In addition TO the Bosworth,
Morgan, and Richardson cases men. /
TONED above, another OF these cases,
that against Frank Ademite on the
charge OF malicious injury to the chat
ties, was disposed OF last week when
the jury found .Ademite not guilty.
The four remaining cases are against
Drll IT..