The log cabin Democrat., 1917-01-12
RAILROAD DAMAGE
SUIT GOES TO JURY
BIRD CASE IS UP NEXT
Wooster Man to Go to Trial on
Charge of Staying T. N. Acton,
Who Killed Birds Son.

Arguments in the case of Oscar
Stone against B. F. Bush receiver,
railroad damage suit, were completed
at $3.50 O'Clock this afternoon, and
the case was given to the jury for
| consideration. Stone filed suit for
$4,000 damages for permanent in
Juries alleged to have been received
last September when a horse on
which he was riding stumbled on a
defective crossing just south of the
city limits and fell upon him, iniur-
ing him to such an extent that he
viii be a cripple for life.
The second trial of Jake Bird of
Wooster charged with murder in the
first degree for killing T. N Acton
was scheduled to be taken up as soon
as the Stone case was completed
Bird shot Acton a short time after
the latter had stabbed and killed
Virgil Bird, the defendants son and
Acton's son-in-law, the tragedy grow
| ing out of a family dispute. Sheriff
w. w. Bishop ssummoned special
venire of so jurors which will be
used in addition to the regular pan
els, and it was hoped to complete the
jury before adjournment tonight.
The special venire is composed of the
following: j. w. Clanton, S. D.
Thomas, G. H. Griffin, M. Pairet, J..
NJ Terry. Jack Pairet, M. C. Graham
Arthur Richards, M. O. Nixon, J. M
Rowlett, G. M. Connell, Chester Polk,
NJ A. Gibbons, Frank Troutman, M.
j. Peck, j. NJ Davis, l.. NJ. Hill, H.
c. Bowman, W. E. Grady, G. G.
Steed, T. A. Grow, M May, J. F.
Styers, Bob Bell, G. NJ. Shelton, j.
S. Helton, T. T. Lofts, Jerry Snow,
G. NJ Newman, Andy Patty, M. f.
Stewart, NJ C. kellar. G. L. Bowen,
R. W. Shaw, j. H. Berry, j NJ. Welch.
J. A. Winn, T. j. Shumate, W. Nj.
Hiett, Mason Sellers, Ed Walden, Will
liam Day, Frank Matthews, Bob
Green John Cantrell, w. r. Merri
man, Nealy Stevens, j. Wash Ford,
H. P. Merritt
Several civil cases were cleared
from the docket by continuance and
dismissals yesterday and today. The
proceedings follow:
Jonah C. King and Isaac c. King,
ex parte; petition for removal of dis
abilities granted.
Frauenthal & Schwarz VS.. j. S.
Gavin; judgment for plaintiff for
2,0640S and interest.
S. d. Rowlett ct al vs.. w. n.
Witcher ct al; continued.
Georgia R. Hendrickson VS.. Joe
Hiett; continued.
Henry Frauenthal VS.. St. L., |. M.
& S. Ry. Co; continued.
G. d. Henderson VS.. W. l.. Nc
Bride; continued and set for first
day of July term.
f. G. Baldridge VS., Charles Flem-
ing; dismissed, each party to pay his
own witness fees and defendant to
pay court costs.
w. f. Founder VS.. 7. f. Mitchell;
dismissed for want of prosecution.
Smith & Scott Tobacco Co. VS.,
IuOOe q Nldy toh, Sohth'uSN'
Julius Favre VS.. estate of Bette
Mosley; continued.
Conway Lumber Co. VS.. Frank Nc
Henry; settled and dismissed.
J. T. Beal VS.. J. T. Phelps; con-
tinued.
Nora Joslin VS.. j. H. Pirtle ct al;
Judgment by default against j. II,
Pirtle and J. A. Mode, A. j. Glover
and j. w. DeJarnatt, sureties on bond
as constable; jury ordered to assess
damages.
Milton Dobbs VS.. B. F. Bush, re-
ceiver; dismissed for want of prose-
cution.
R. w. Brown VS.. Traylor Bros;
continued.
w. J. Durham, w. S. Martin and
j. M. Garrett were excused from
service on the regular panel of the
petit juror.
The grand jury up to 8 o'clock this
afternoon had reported no further in
dictments, but big batch was ex-
pected to be brought in before the
adjournment of court tonight.