Rensselaer Republican, Volume 26, Number 11, Rensselaer, Jasper County, 9 November 1893 — THE CIRCUIT COURT. [ARTICLE]

THE CIRCUIT COURT.

Court resumed its sessions Friday morning, after an adjournment of one week. Judge Wiley rendered his decision in the consolidated fire damage suit of Thomas and Eleanor Florence against Peter Johnson. The parties live near Virgie. Tuesday, Sept. 19, Johnson burned around a stack, or some other property, to guard against prairie fires. He watched the fire all right, at the time, and by carrying water and other means seemed to have put it out effectually. Moreover, it was on a damp, misty morning when Johnson made his fire, and it also rained some the following Wednesday night. On the next day, after the rain, Thursday, or two days after Johnson had his fire, when there was a tremenduous high wind, fire was observed near the place w here Johnson had his, and this fire spread until it burned hay and other property for the plaintiffs to such an extent that they sued Johnson for 11050. It was not entirely ch tain, from the evidence, that the destructive fire of the Thursday originated from Johnson’s fire of the Tuesday before; but the court held that in any case, it was shown that the defendant had exercised all reasonable diligence to prevent the spread of his fire, and that therefore he was not liable, and

the decision was therefore in his favor. Charles Ferris, the alleged insane party from Newton county, who has been held in the county jail so long, was brought before the court Friday, on writ of habeas corpus. There is no legal grounds for holding him in jail any longer, and the judge o rdered him released unless the people in Newton county who had him incarcerated, would promptly begin action to have him regularly declared insane. Ferris is a rather brainy looking fellow and in all respects but one, he is intelligent and clear witted. The wheel in his head is the idea that he invented about all kinds of farm machinery now in use, and the hoise that he stole was taken from a man of whom he demanded $125 as royalty on a windmill, the owner of the horse had on his farm. He admits that that manner, of collecting his dues is not law, but it is equityW he says, and equity is what he is going in for. When asked in court what he would do if released, he said he would go back to Newton county and collect his royalties. It is impossible to name any kind of a farm machine that he will not claim the , invention of. Sheriff JHanley held him until Tuesday morning and then released him.

The court’s decision in the ease of Wm. H.Kelley vs. Geo. E, Vincent, was in favor of the plaintiff, for brothers-' in-law. Mr. Vincent lives in Remington and Kelley in Illinois. Many years ago Kelley sold Vincent some property. Small amounts were paid, at times, and finally $2,000 in a lump. Mr. Vincent thought this paid the whole debt, but the result of the law-suit was a judgment for Kelley, as above stated. Wm. B. Russell was granted a divorce from his wife, Isabel, and the custody of their three children. The grounds were abandonment. Mr. Russell lives in Fair Oaks.

Ferdinand Seigel, et al Vs. Leopold <fc Mossier ;.on account. Judgment for plaintiff for S4BB and costs. State bank of Thorntown vs. Simon Leopold; on note. Judgement for plaintiff for $139.55 and costs. Cordelia P. Monnett, administratrix estate of Thomas Monnett, deceased; in partition. Deed of land to Cordelia, Elmira and Lucinda Monnett set aside. Administratrix ordered to sell the land to pay decedent’s debts. Land appraised at $5550. Makcever & Williarhs vs. James Maloy, et al, note and mortgage. Judgement for plf. for $1235.50, and costs, and foreclosure. Samuel C. Curtis vs. Nathan Fendig, acct. Judgement for plf. for $204.49 and costs.

Sarah Shaffer, vs. William and Jas. Shaffer, et al. Agreed suit for the construction of the will of contestants’ father. Held by the court that the money in controversy,

$124.28 belonged to plaintiff, Sarah Shaffer. The Gifford ditch case, appealed from Commissioners’ Court, was argued by Hammond and Thompson, of the opposing counsel. The Judge will study the papers in the case, the decisions cited, the briefs to be submitted by counsel, and render decision at the January ter m. . The application of John Reed of Jordan Tp., for the appointment.of a guardian for his daughter, Mary Casey, lately proved insane, was tried Friday. Plenty of good evidence showed that she was insane and incapable of managing her property, and the jury so found, under instructions tb that effect, by the court. The unfortunate woman was in court and gave a demonstration of her condition by berating her father when he was on the witness stand, “cussing” Mrs. Jane Platt when she was testifying and fairly making the whole room blue by her swearing at the deputy sheriff when he was taking her back to the jail. Her father is appointed guardian.