The Oskaloosa herald., 1917-11-22
IN DISTRICT COURT
DISPOSITION OF. VARIOUS MAT.
TIERS BY JUDGE AND JURY.


District court reconvened in it's jury
trials on Tuesday afternoon at 1880
p. m. and the trial of the State of
Iowa VS.. William Davis, who was in
dicted by the recent grand jury for as
sault with intent to commit murder.
The jury in the case had already been
empaneled prior to the adjournment
of court on Friday, November 10th,
1917, so on reassembling the attorney
for the state Immediately made the
opening statement of the case. On Sat
urday night, October 20, 1917, or early
on Sunday morning of the 21st, Davis
and Jessie Osborne and o. G. Hess
became involved with Clyde Ballinger
in a quarrel at the Waters and Eng.
land Barn on First avenue East.
According to opening statements,
Ballenger trying to secure a quantity
of whiskey for $500 which had been
given to him by one Of these parties.
Ballinger was unable to secure the
whiskey and the quarrel arose over
the $500 involved. The State elected
to try the case against William Davis,
separately and the charge was in re-
gard to the assault and personal in
jury that resulted from the quarrel,
in which Clyde Ballinger was badly
beaten up and badly disfgured as well
as left in an insensible condition.
L. T. Shangle and D. C. Waggoner
represent the defendant and at the
close of the statement by the County
Attorney, they presented their side of
TIE case end the nature of their
claims are that Osborne and Hess
were more fully responsible for the
trouble than was William Davis. The
jury in the case are Garrett Dykstra
of West Garfield, Frank Else of Lin
coin, w. L. Haines of Cedar, L. j.
| Garden of East jefferson, T. ID. Reese
of East Des Moines, Andrew Larson
of Lincoln, William Time of Lincoln,
]. E. Jones of Richland, George Ship
ley of Monroe, L. L. Porter of Oska-
loosa and H. C. Hawkins of Oska-
| loosa.
Probate Cases.
In the matter of the estate of w. H.
| Tullis, the order made on the Second
day of the term is set aside and the
slate for final report is set for hearing
at 100 p. m. December 3, 1917, and
legal notices are ordered posted at
least 10 days prior to that date. In the
matter of the estate of Charles ].
Whitsell tn order made the second
day of the term was set aside and
the final report was approved and the
administrator was discharged.
In the last will and testament OF
Dennis F. White, after trial, the will
was admitted to probate. In the guard
ianship of Joseph Farr, the final re-
port of guardian was approved and the
guardian was discharged. In the es'
tate of Harriet Yates, the final report
was approved and the administrator
was discharged. In the last will and
| testament of Sanford Graham, trial
was held, the will was admitted to
probate and Mrs. Demoretta Graham
was confirmed as eXecutrix without
| bond. In the guardianship of Wilbur
! Burkhart, the order was granted as
prayed, the order being filed with the
district clerk.
Law and Equity Cases.
In the case OF the Farmers National
Bank VS.. Albert Stanton ct al, the
defendants were given leave to file a
substituted answer. In the case of Will
liam Loeb & Co., VS.. Roy A. Wymore
ct al, w. R. Lacey was, appointed
guardian ad lit for all defendants un-
der any disability whatever. Default
of all other defendants. Trial and de-
cree of quiet title granted as prayed.
Decree filed with district court.