Jasper County Democrat, Volume 2, Number 35, Rensselaer, Jasper County, 2 December 1899 — Circuit Court Notes. [ARTICLE]

Circuit Court Notes.

The jury Saturday morning returned a verdict for the plaintiff in the Thomas-Fisher-Galbreath land commission case of $lO, after being out a long time and receiving further instructions bom the court. The replevin case of Babcock vs Gwin, appealed by the latter from Justice ChurchilTs court, occupied all of Saturday, and the jury, after about two hours’ deliberation returned u verdict in favor of Mr. Gwin. It was u peculiar verdict of a peculiar jury—peculiar in the fact that every one of the 12 mat (we understand were) republicans, and 10 of them who took a county seat paper were subscribers of the Rensselaer Republican, and not a solidary juryman took The Democrat, therefore had read nothing of the justice of the taxes in question except the false statements which appeared in the former sheet. The verdict was peculiar from the fact of the thirteen interrogotoriee of a special finding of facts, submitted to the jury by the court, were every one answered in favor of the plaintiff, while the general verdict was for the defendant The verdict was a great surprise to all who heard the evidence and the law as given in the court's instructions. Court adjourned Saturday evening, until the following Friday, land discharged the jury for the 1 term. At the reconvening of coart | yesterday morning attorneys for i plaintiff in the Babcock vs Gwin replevin case moved for a reversal of verdict on interrogatories, j which was overruled. Plaintiff ! then asked for new trial and con--1 sideraWe argument was presented jby both sides for and against the granting of same. In the afternoon the court rendered his decision on motion for new trial, and the court held that about one-half of the alleged taxes should have : been assessed to May E. Babcock, instead of F. E. Babcock, it having been shown that something like $1,225 of the $2,000 received from the sale of the Remington Press was paid on outstanding debts against said office, and for which an offset was churned by F. E. Babcock, and unless defendant agreed to such an arrangement a new trial would be granted. Defendant agreed to this disposition of the matter and the amount erf taxes which the court found should be paid by said plaintiff was paid, which releases all propertv of plaintiff for alleged taxes for 1896. The finding is accepted by plaintiff aa a matin of economy, as to take the matter to the higher courts would be quite expensive, although the finding of the lower court were reversed. The business for the term will be closed up Monday.