The Mena weekly star., 1917-04-19
CIRCUIT COURT
 SOLVING RIDDLES
Luther Rials Failed to Secure Dam ages From A. V. Heath Because of an Arrest--Jury Returns IS
 More True Bills.

lDeen sustained by the plalntln thru the humiliation resulting Co him on
 account of an arrest on a felony Icharge in which the defendant was
 the complaining witness, and the Iamount of S25 was for the recovery
 of attorneys fees by him expended.
 The jury returned a verdict in favor
 of the defendant This suit was
 based on a proceeding had before J. lP. $. II. Smith on last November, in
 which the plaintiff was placed under
 arrest and given an examining trial
 on an information filed by Deputy
 Prosecuting Attorney w. B. Thomas
 and verified by A. V. Heath, the de- lfendant in this action In this in-
 formation the plaintiff, with others,
 was charged with having killed,
 stolen and carried away two hogs,
 the property of A. V. Heath" The
 persons charged with this felony
 were discharged by the examining
 court, and then followed the dam
 age suit. The plaintiff was repre-
 scented in the Circuit court by Judge IJ. I. Alley and Judge Wright Prickett
 was attorney for the defendant.
 The damage suit instituted by w.
 D. Hughes against the Watkins
 Lumber Company, was tried in the
 Circuit court Tuesday After the
 evidence oin behalf of the plaintiff
 had been presented, and the defend
 ant had rested without having in
 troduced any testimony, Judge Cow
 ling directed the jury to return a lverdict in favor of the defendant company His action in giving the lperemptory instruction was based
 on the case of the Wisconsin and
 Arkansas Lumber Company vs. Pierce, appealed from Hot Sprins lcounty circuit court, and reported in
 the t25th Arkansas Report Curi-
 ously enough the attorneys for the
 defendant and the plaintiff had re- Flied upon this case as the rule in the case at bar. In that case it was held
 that under the evidence the defend lant company was not liable in
 damage for the injury, no negli- lgence nor the violation of any duty, being shown, and the plaintiff fail ling to show that the service could
 not have been continuously per- . formed safely had he continued to
 exercise due care. The supreme court further stated that upon the Iundisputed facts, the lower court lshould have given the appellant s lprayer, asking a directed verdict in | it's favor, and for this error of the lower court, the judgment was re- , lversed and the cause dismissed. 5 Judge Bowling held that the case at | bar followed the reported case so , closely that he would also err in : lnot giving the directed verdict in . favor of the defendant company Judge J. I. Alley saved his exception to the ruling of the court, and gave
 notice of an appeal. The action was brot by the plaintiff, w. D. Hughes, , to recover in the amount of 5000 , on account of an injury he sus- , tained to the index finger of his left hand last September, while an em- lployee of the defendant company, (which injury finally resulted in the amputation of the finger. The Wat , kins Lumber Company was repre- , sented in the case by T. D. Wynne , of Fordyce, who had also been the i attorney for the lumber company in , the case reported in the i25th Ar
 kansas Report.
 l Analhop iY1anpnfnnf r,npcnpal Hn m , age suit on trial at this term of court is the case of John w. Mar tin vs. NJ. c. Trumbull This suit , is for the recovery of damages ag- gregating $35000, and is brought on I account of injuries sustained by the , lplaintiff while in the employ if the , defendant. The trial of the case was
 begun this afternoon, and is , going to be vigorously and closely , tried on both sides. The plaintiff is represented by Col Pole McPhet-
 rige, Judge J. IsAlley and Judge w N. Martin. and J. B. McDonough of Fort Smith. E. F. Nine of Little , Rock and H. H. Thomas are attor- , neys for the defendant.
 , The case of J. w. Wilmoth vs f Marion Warden as defendant, and f E. w. Rivers and s. o. and ]. T. Rob- 3 inson as garnishees, tried in the Cir 3 Icuit court Tuesday, was an appeal I from the J. P. court of l.. N. Burnett 3 Iof Center township. The suit in- Ivolved the relinquishment Of ar Ill homestead entry made by the de-
 lfendant in this action and the recov-
 ery of $2o0 alleged to be due tho
 lplaintiff by the defendant as the val : ue of team of mules which played a part in the transaction. Tn tht ! lower court the jury returned yer @ ldict in favor of the plaintiff of S20f 9 less the admitted indebtedness o1 l lSi975, that all papers relating to tho Q homestead be returned to the de : fendant Warden, and that the liti- : lgants he equally assessed for tho n Icosts in the suit. From this verdiv . the plaintiff took his appeal. After f the evidence had been presented I IJudge Bowling directed that the de r fendant be required to complete thu | lrelinquishment of the homestead, : matter which he in good faitl
 thought he had done, and which h'
 was still ready to do, and in addition
 the court directed that the jury re f. lturn a verdict of Si975 in favor 0