Rensselaer Semi-Weekly Republican, Volume 22, Number 21, Rensselaer, Jasper County, 30 November 1900 — The Circuit Court. [ARTICLE]

The Circuit Court.

The contested will case from Newton Co. of Hemmingßasmusvs Johanna Jensen and others was the first jury trial. Lars Rasmussen, the decedent was a Dane and an old bachelor who lived near Rose Lawn, much of the time with bis sister, Johanna Jensen. In his will he gave to his nieces, Johanna’s youngest daughter, SI,OOO in cash and to her oldest daughter, a house and lot in Rose Lawn, valued at $1,500. The residue of his estate amounting to about $1,500 more, was to be divided between his two sisters Mrs. Johanna Jensen and Mrs. Anna Marie Jensen. Hemming Rasmussen,- the plaintiff, a brother of" the decedent was not mentioned in the will and brought suit to break it. There is still another sister in Australia, but she was not directly a party to the suit. The evidence showed that the two young girls who are the principal beneficiaries, were the special favorites of the decedent, and the jury took the view that he had a right to specially favor them if he wanted to' and their verdict was to sustain the will.

Ben Hart of Jordan tp. has instituted a fresh suit for a divorce from bis wife, Mary C. Hart. They have been suing one another for divorce pretty regularly for several years. She is now living in Cass county and he wants a divorce for abandonment.

The attorneys in the Kline vs Kline case from Newton county, wrangled all of Tuesday afternoon over a motion by the defendant to strike out certain paragraphs from the plaintiff’s complaint. The court, Judge Lairy of Logansport, has the matter under advisement, as also the question of whether the case will be tried this week or next. It is a suit for damages for assault and battery and was tried once in Newton, and the verdict set aside by the court. The case of A. McCoy and James McDonald, vs the civil township of Hanging Grove. The suit was brought to recover the value of 40 ewe sheep, killed by dogs valued at $4 each. It was shown at the trial that Mr. McCoy had made a verbal demand on the township trustee, Robert Drake, for the value of the sheep. The law, however, requires that such demand shall be in writing and within ten days of the time the sheep are killed. The law requiring written notice is strictly construed when it affects money belonging to the public, and on the grounds of the plaintiff’s failure to give such written notice, the jury decided in favor of the defendant. One of the innumerable cases of Kline vs Kline, from Newton Co. was tried Wednesday afternoon. The Klines and their litigations have ar outgrown the limits of Newton county, and bid fair to soon cover the whole state. This one case spread over four counties at least. The parties live in Newton county, their attorneys in Benton, the judge in Cass and the jury in Jasper. The facts upon which this particular Kline vs Kline case are based, have already been related, but will be briefly restated now.

In January 1899 John W. Kline doubtless for reasons that seemed to be good and sufficient took a shot or two at his brother, Charles M. Kline, better know as Mike. He missed Mike and was put in jail. He lived in Mike’s house and while still in jail Mike went to the house and told Mrs. Adda Kline, J. W’s wife, to get her stuff out as he was going to bum the house. This ocoured late in the afternoon of Jan. 2nd 1899. Mike

went away and about an hour later epe back with a gun and a can of coal oik He pointed the gun at Mrs. Kline and also threw oil on the side of the house and scratched a match and tried to fire the house, but the wind blew it out. In the meantime Mrs Kline had sent two of her children after help, and now, taking the other.one she ran through the cold and dark, insufficiently clothed, to a neighbors, a mile away, she and her child suffering greatly from fright and cold. For her fright and distress she brought this suit. It was tried once in Newton and a verdict given her for $1,900. Judge Thompson set the verdict as excessive. The case came here on change of venue, and was tried before Judge Lairy, of Logansport. J. T. Saunder Son, of Fowler, was attorney, for the plaintiff and Dan Fraser for the defendant. The jury found for the plaintiff and gave her a veidict for SSOO.