Gunnison news-champion., 1914-09-18
DISTRICT COURT.
NEWS Of week.
Many Cases Tined During Week
Alison Case Nov on ieanne
Before Judge Black.--Trampe
Damage Sui Creates Much
Interest.


three civil cases have been tried in tn,
district court here. In the criminal cas-,
of the People VS.. James Frew and Johr
Prev the defendants we're released.
The civil cases which have beer die
posed of are Mary Curiey VS.. The 1ewr
OF Marble, Stull and LaPlsnt VS.. Tn.
Denver Grain and Commission Compapy
The third civil case, that of N. y.
1rampe VS.. Edwin Miller. Byron Martin.
Marshall Davis, Charles Miller and
Theodore Miller, was in the hands of
the jury when the News Champion went
to press.
The case of the People against David
f'rew and John Frew resulted in the
clearing of the defendants who were
charged with felonious assault made
upon the complaining witness, Frank
Van Alstine, in Gunnison on July 23rd.
fse evidence was somewhat conflicting.
and the district attorney finally asked
for verdict of simple assault, but this
was denied by the jurymen. Mr.. Van
Alstine was badly beaten up at the time
when the assault was charged, but hap
pening as it did under the circum-
stances, 1t seemed to be nard to prove
the exact facts relative to the affrsy as
TO who started the quarrel and who
started the actual fighting. The defen-
dants were represented oy 5. .. -G.ssia,
The first civil case to come before
Judge Black was that Of Mary Curley
VS. the town of Marble. These cas- es
grew out of bootlagging cases Which
were tried in the Marble police cour
several years ago when Mrs. Cyrle,
was fined about $1,000. There Sere two
series of cases. In the fir .t there we've
eleven cases. In the f.rs, ease she - as
fined $500 and in the other ten 500
each. The cases ~~s~ apf'eaiea to the
county court where they wefs ea sr,issed
and sent oack ~ the police co-art. A
dema.id was Vhen made os Mrs. Curley
fc1 the 9edgment and she refused.
Mrs. Casiey having refused, a demand
was naade on the National Surety Com
psns, her surety, and this company re.
Fused to make the payment, A case
was t'Aen brought in di strict coart to re
GOV er from the surety company, and the
c Jart held that the company was liable
The case was then carried to the su
ereme court where the decision of the
district court was affirmed The surety
company then took the property of Mrs
Curley under trust deed which the
held against her to make her bond good
In the three other cases Mrs. Curlel
was fined $500 for each, but never pai,
but S3s7 50 on the $500 Judgment.
In the recent case instituted in th'
district court Mrs. Gurley tried to ne
cover the amount of all these fines be
cause of the fact that the Judgment
were rendered by police court whici
had no qrisdiction in the matter. sh.
failed vecover the large $500 jnde
ment but under the instructions of tn
court was given Judgment for tn
S3s7. 80 in the series of three cases
With the interest this amounted To s46t
Mrs. Cur.sy's attorney was s. d
Crump. The Town of Marble was rep
res essnted by Sapp and Nash.
The next case to come before tn
court was that Of Stul and LaPlant '
The Denver Grain and Commissio
Company. This case was an appes
from the county court where the de
cision was in favor of the defendant
In this case the jury upheld the decisio
of the county court as 10 the major par
of the judgment sought, but granted
judgment for the purchase price of tn
first Of three cars of hay which were i
controversy. The Judgment for th
first car of hay was granted under tn
instruction of the court winch charge
them to so find if they believed fror
the evidence that the defendants ha
accepted this car. 1t was clear tha
they had not accepted the other tw
cars. Sprigg Shackleford represente
the plaintiffs and E. NJ Nourse and
d. Crunp the defendants
The real question in the case va
whether the hay shipped was No. ! ha
as contracted for. The defendants RI
fused to take the hay on the ground
that it did not grade No. l. After re
fusal to accept the hay, the commissio
company had il inspected by the Denve