The record. [volume] (St. Maries, Idaho) 1913-1918, 1917-12-07
Jury Decides
Condemnation Cases
REDUCES AWARD MADE BY APPRAISERS
Could Not Reach Unanimous VeFdiCt--TwO Jurors
Refuse 10 Sign.

The condemnation cases of
Benewah county against Joseph
t. Zehner and james paullus.
which were started i'm the district
court Tuesday morning, were
given to the jury late Wednesday
evening Both sides finished the
presentation of their case Tues
day evening and ON "Wednesday
the jury was taken To Benewah
to look over the land i'm question.
All day Wednesday was occupied
in the trip to view the land and
the jury retired about seven
.O'clock to start their delibera-
tions and returned a verdict at
200 O'Clock Thursday morning.
by the verdict of the jury
Zehner is awarded a total sum of
.$276 for the land sought to be
condemned, which includes the
cost of fencing the road. Paullus
is awarded a total of Si23.52,
which includes the cost of fenc-
ing. The verdicts were divided
as follows Zehner was awarded
$50 per acre for 3.6 acres, the
amount sought to be condemned
by the county for the right of way,
or a total of $3.50 for the land,
and so cents per rod for fencing
the road, which totaled SI92.
The jury found that his remain
ing property would be benefited
to the extent of 500 by the road,
which amount is deducted from
the total award.
Paullus was awarded S33 an
acre for i.l4 acres, which totals
S47.52 for the land; and so cents
per rod for fencing, amounting
to SIG, making a total award of
S123.52. The jury held that he
would not be benefited by the road
and awarded him the total sum
above mentioned. The verdict
was not unanimous, two of the
jurors refusing to sign the
Zehner verdict and one refusing
to sign the Paullus verdict.
The members of the jury i'm
the action were w. II. Fuller, o.
NJ. Mosley, Joseph Sweeney, C. f.
McGinivray, f. J. Graves, II. f.
Hunt James Rutherford, f.. II
Kidder, b. II. DeLand, Lewis
Lamb, George II. Thostenson anC
Jerry McCarter.
The verdict of the jury cuts
down the award made by the ap-
praisers when the case was
formerly heard before them ir
the Zehner case and raises the
amount given to Paullus, the
total award in the two cases be
ing S7O.I8 less than was awarded
at that time. At the hearing o.
the case before the appraisers
lZehner was awarded $500 for hii
land and the damages suffered
and Paullus was awarded $40
The county was represented d
1.-The proceedings by Prosecuting
Attorney Allen A. Holsclaw am
Attorney r. b. Norris, and Attor
ney William ID. Keeton appeare'
for Zehner and Paullus.
Wednesday the case OF tn
state against Charles Curtis O
ST. Joe, charged with the illega
possession of liquor and being
persistent violator of the prohi
/ bition law, was heard, and re
suited in a verdict Of guilty. I'm
r der the law a second convictiO
, for violation of the prohibitiO
law makes the Offense a felon
and Curtis was sentenced to serV
from 1 to years in the stat
lpenitentiary at Boise. Prosecut
: ling Attorney Holsclaw appeare
for the state and the defendaI
f was represented by William !
n Keeton.
n The divorce action Of Nab
s Ruth Smith against Mike Smit
n is being heard today. Tht parti'
- reisde at st. Joe and about twenf
II of the citizens of that town a
e in the city today, having bee
subpoenaed as witnesses in Il