Rensselaer Republican, Volume 26, Number 22, Rensselaer, Jasper County, 25 January 1894 — THE CIRCUIT COURT. [ARTICLE]

THE CIRCUIT COURT.

The January term of the circuit court adjourned Friday. Court was in session only about eight or nine days, during the term, and aside from routne matters, very little business was transacted. Special Judge Daniel Fraser continued to preside to the end of the term, although Judge Wiley came over Thursday, to sign up some records. He was not fully recovered from his late severe and dangerous sickness. On’/ two jury cases were tried during the' term. One of thcs(? Was that of Chas. A. Harrington vs. Peter Johnson. The parties live in the north end of Union tp. Last fall, at the time of the historic fire in the hop-toad tenement district in Sunnyside Addition, in Re nsselaer, when people had forgotten what rain was like, and the wind blew hard enough to blow fire out of a cold flint rock, a fire broke out where Mr. Johnson had burned around some stacks a few days before; and this fire burned over some of Mr. Harrington’s land, and for

the resulting damage, he sued Johnson in justice’s court and got damages for $75. Johnson appealed, and the case was tried last Thursday. It was shown that Johnson had used reasonable diligence in extinguishing his original fire, and the jury found in his favor. Two similar cases against him resulting from the same fire, were decided in his favor at the October term. S. P. Thompson for Harrington, and R. W. Marshall for Johnson, were the attorneys. The other jury trial was that of Frank Foltz, administrator Of the estate of Emily J. Bennett, vs. Nelson Randle, administrator of the estate of Knicely Bennett. These Bennetts were the husband and wife killed by a Strain in the lamentable accident near the Rensselaer depot, in the summer of 1892. The ill-fated old jeople both had children by former marriages, but none from their last matrimonial union.

The point at issue was an unusual and very interesting one. Although both husband and wife met death in the same accident, and apparently the same instant, Mrs. Bennett’s heirs claimed that she survived her husband, and as such survivor, died the owner of SSOO of his property. The circum-

stances of the accident were gone over thoroughly. Also the nature and extent of the fearful injuries both sustained. It was shown that Mrs. Bennett showed some bodily motions for a few minutes after the accident while Mr. Bennett showed none, and the jury decided that she survived her husband, and gave the plaintiff, her administrator, judgement for SSOO. All of the town doctors testified as experts. In answer to hypothetical questions, describing the facts shown by previous - witnesses, their evidence all tended to. show that Mr. Bennett died first. On the other hand, the deposition of a Chicago doctor who was on the train when the accident occurred, was to the effect that death in both cases was instantaneous, and that the motions of Mrs. Bennett’s body after the accident occurred, were involuntary muscular movements, like those of the body of a decapitated person or animal. S. P. Thompson was attorney for the plaintiff, and M. F. Chilcote for the defendant.

Other civil causes disposed of during the term, were as follows: Monnett vs. Monnett, in partition. Dismissed by agreement of parties. Banta vs. Banta; partition. Prop, erty ordered divided. Gaar-Scott Co., vs. Jacob Parker; chattle mortgage; judgment for plff., for $368.28, and costs.

Mahala J. Bruner and .about 20 others, vs. Chas. Smith, et al. Title quieted tn plaintiffs, for McDonald’s Addition to DeMotte. Jos. I. Adams vs. David Campbell, et al. Title quieted in plaintiff. Joseph White vs. L. N. A & C. Ry., for damages for horses killed. Settled by parties. Chris. Hensler vs. O. B, Mclntire, settled by parties.

Joseph Mitchell vs. S. A. Bobb; suit on acct. Judgment for plf., for >39.50. Robert S. McKee vs. Willis J. lines, acct, judgement for plff. for >316.99. B. F. Ferguson vs. David Gasaway,

replevin. Judgment for plff-, for property and costs. Milton Shirk, executor et al VS. Frank E. Noland et al. Judgment for plff. for $2.701.40, ~ Robt. Parker vs. Wnlter Disbrow, chattle mortgage. Judgement for plf. for $lO3 65. Anna S. Peterson vs. Henry Ran-, die, note. For plff., for sll2 20, ■ Sophia E, Walter vs. Wm. H. CuUrcoill. Ejectment. Dismissed for failure to prosecute. Thos. H. Geer vs. Niagara Ins. Co. Settled by parties. Makeever vs. Michaels, note; for plff. for $109.26. Geo. K. ’Hollingsworth vs. Michaels, note, for plff. for $85.43. Eight cases by B. J. Gifford against as many parties for drainage money, on contract, were settled by parties and dismissed. - - Matilda Springer vs. Lewis Mosier et al, venued to Benton county. So also the four fire damage cases against the Three I. of Susan Lintner, Frank H. Ketchmark, Horace Marble and John Beachler. Newton county gets Ns Warner vs. Eli Dowell and A. K. Yeoman et al, vs.L.N. A. cfc C.Ry.