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Not To Be Tried Now

Not To Be Tried Now image
Parent Issue
Day
9
Month
December
Year
1898
Copyright
Public Domain
OCR Text

The Judson-Moran controversies are not to be aired at this terni of the circnit courfc, both the libel cases growing ont of the fend having been put over the term on the application of the defendants. The libel snit of Lester Canfield vs. G. Frank Allmendinger is down on the docket as No. 41. When it was called this morning, an affidavit was filed from G. Frank Allmendinger that John P. Hutchinson is a material witness for him and that he had removed from the city to Clinton, Iowa, and that he expeets to obtain either the attendance of the witness or his deposition at the next term of court. Atty. Lehman for Mr. Canfield said he had snpposed arrangements had bocu made to take the deposition of this witness. The case was continned over the term on the payment of $5 attorney fee by the defendaut. The libel snit of William Jndson vs Selby A. Moarn, was the very next case called on the docket, as No. 42. Attoruoy Randall read an affidavit of Selby A. Moran which stated that Hövrard Stockwell, of Salem, was a material witness and that he had left for parts uuknown and they had been unable to find him. He also said that he ís iufonned and believes that the absence of said Stockwell from this state was procnred by said plaintiff, and that said plaintiff is now aware of the whereabouts of said Stockwell. He also states that George Kelly and John Leighton are material witnesses and that he is unable to ascertain their whereabouts. T.-D. Kearney for Mr. Jndson opposed the coutinnance of the case He thought Mr. Jndson was entitied to have the case tried at once that the witness Stockwell cotildn't know anything abont the case. Arthur Brown stated that the witness Kelly had been sent to state prison while Mr. Randall was prosecuting attorney and the plaintiff should be given an opportunity to disprove the slanderotis falsehoods which had been uttered. The case was continued on the paymeut of a f5 attoruey fee. It was evident that the defendants did uot want to try these cases v;hile Judson was sheriff. A large number of other cases were continued, whilemany were reported ready for trial, indicatiug that this will be an important term of the circuit conrt. The liquor case against Michael Staeblder was continued on application of the defendant, as was the case against Aaron Canine for obstmetiug a railroad and the one against Henry Matthews for larceny. The following civil cases were contiuned over the term by consent : William, Klein vs. L. S. & M. S. R. R. Co. ;'Plant & Co. vs. Allen L. Nowlin; Clark R. Chamberlain vs. John H. Miller. , The following cases were continued over the term on application of the defendants on paying attoruey fees: Hattie M. Bond vs. L. S. & M. S. R. R. Co. ; John N. W. Sinith vs. Caleb Eaton; John B. Pnrdy vs. John and Wm. Dolber; Lillian Doyle vs. Philip Dnffy. i---:': %- --&! The case of Daniel Christian vs. Daniel Tilden was settled out of court. The following notices of trial were conntermanded : Mason Whipple, administrator, vs. M. U. R. R. Co. James N. Martin 'l vs.: Alfred H. Holmes. - -r -m Motious for secnrity for costs were denied in the case of Melissa T. Sprague vs. Wm. Dnsbibber; James Washington vs. George Peavey. The following cases were striken from the docket : Cari F. Wuerthner vs. Workingmen's Beuevolent Society ; Jacob L. Wallace vs. A. A. & Y. Electric Co. ; Peter J. Lehman vs. Toledo Ice Co. The case of Peter J. Lehman vs. the L. S. & M. S. R. R. Co. , was set for trial Dec. 14, and the appeal of Anna Stevenson from the admission to probate of the wil' of Richard Webb will be tiied Dec. 19.