Free trader-journal and Ottawa fair dealer. (Ottawa, Ill.) 1920-1927, 1922-07-10

Evidence in support Of the Nortl
/ Ottawa paving objections was Offered
in the County Court this mornin"
The case was called for hearing at iC
O'Clock before Judge Rock. Att1r
ncys Buffers & Clark, A. II. COlwel'
aud w G. Hibbs represented the Oh
| JcctOrS. while the city was repro
entcd by City Attorney II. l.. Rich
olson and Attorney Thomas Smurr
\ large number Of objections f.
the improvement had been fled a.
th0ush the center of contention wa
around the charge that the cost .
the proposed Improvement would b.
greater than the benefit the propett
along the streets to be, paved woulC
derive.
One hundred and Grty-one owner
Of North Ottawa property were repre-
scented ~ tho firm OF IiGtters q ClarK
These owners banded together at z
paving objection mCcainq held scvera
weeks ago ana employed tn FIRM &
represent them A. II. Co'well repre-
|sented three obicctpfs The improve
'ment is also being ccntcetcd by th
Northern Illinois Light mI Tractio
company and the Ia Sale Count
Fair association
After the first motions were dis
posed of the evidence for the u
iectCrs was presented City Clerk V
w. Curtis was the frst witness. lie
was asked to present The records COZ
tanning the North Ottawa paving ord
nance.
Mr. Curtis was questioned thor
oughly by the attorneys fer the o.
ieCtors about the changing of a datt
from April TO May, which was made
in the ordinance. He testified h
made this change last Saturday II
the request Of the attorneys for tue
city.
Mr. Curtis was also Questionc !
thoroughly over the ordinance beint
typed on sheets CT paper and pasted
in the city records instead Of beinf
written directly in the record books
He testified that his assistant pre-
pared the record by pasting tho ordi.
nance in, them, instead of writing i
directly on the books and that sh'
did so under his direction
Mr. Curtis was still on the STAN
when court adjourned at noon.
That Eddy Bus Suit.
A demurrer to the amended bill in
the Injunction proceedings brought by
Attorney General Edward j. Brun-
dage for the Illinois Commerce Com,
mission. against the Eddy Motor Bus
Co, has been filed in the circuit
court. The amended bill made the
Hale Motor Bus Co, who were the
successors to the Eddy Co., a party
to the suit,
The demurrer alleges that no equity
was stated in or shown by the amend
ed petition, and that no facts are stat
ed in said petition which entitle the
complainant or petitioner to relief,
Appeal 5orngasser Case.
An appeal to the supreme court in
the Borngasser will case was taken
by the attorneys for the contestants
in the circuit court this morning. The
contestants Mrs. Catherine Cattaneo,
John Henry Baker and Lloyd Born.
gasser will fight the suit brought by
them thru the higher court, in an eff
fort to have the will of their grand
mother, the late Mrs, Catherine Born
gasser, of La Sale, set aside.
The motion for the appeal was
made by Attorney l.. O. Browne, who
with A. Il. Buffers and William Scan
Ian represented the contestants at
their trial The case will be heard
during the October term of the trib-
unal.
Most of the cases carried from the
local courts are taken thru the appel
late tribunal before being carried into
the supreme court.
In asking for the appeal, Mr.
Browne worded his motion so that
one or more of the contestants car
file a $1,000 bond and carry the case
thru the higher court.
An effort was made last week il
the circuit court to secure new trial
and have the verdict of the trial held
in April set aside. This verdict con
frmed the will, and allowed it tC
stand charge of jury tamperine
was made by the contestants but this
was overruled by the court, after
numerous afiidavits refuting thi:
charge were offered in evidence by the
defense, .----.-