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UME HAN WAS If ABB TO HUSTLE. a P. TAHDIYEH, Eiitor at Prcprietor. YR 1 MID IN ADVAHCI ILIUlU I MOT PttlD IN ADVAHCe, SI.SO. KBYTESVILIiE, MISSOURI, FRIDAY, JULY 23, 1897. VOLUME XXVI. NUMBER JG CHARITON f Lflt-L'tr L'UrtiT t'KJJLLW. KezvlsrJvtv, -V7. TVrvn atSjIUbury In a '.diticn tc the p-c ce; rj:s of the regular July. 1.S97. t.rm d' cir nit court, published in the O't kp.k tost week, the following pr.H-co.i. -i have been hai u;i to this (riJ.i) morning at 8 o'clock: CIVII. CAbES. In the matter of die assignment of the Salisbury Lumber Co., W. A Wight, assignee, assignment; final re lort filed, and cause continued for as signee to publish notice. J. A. F.gan vs. Martin it Ablegate, reversal; continued Iy agreement. (;. W. Rody s. Thos. Sportsman, ejectment; judgment for laintiT for josses a-m of premises mod I t, $10 damages ar.d $4 r.Hjn'.ii'v rm' aid profits until prs ssi jr. is (' -iu .rc i to p!.lirTiff. J. P. Christian vs. P.. I. Mojjc tt a!, do!); d.fi -. !..; hive to plead anl c tu-e c:.;:-..:e-l n tie application o: .r.d ct r r: c Lnd- A. I Hurt vs. J. tt. Crvin tt al suit 01 note; alii vir.ir-.iN.s ft (".! ari t j.i l oanty frr tl-f-.-n I'nt. J. 11. Or son; order of p.:b'icjti in 1 r M.S. and J. R. C.ir.vi Jr.. in Prt Sci.i ' ijr, and r-usc continue I. Oia B.nthy . I my Br.t!ey. divorce; plalctiff divorced upen pay ment of costs. Eddie Stacy vs. Terry M. Stacy, sirac, same. Judge W. W. Pucker vacated the lcnrh jit before noon on Friday, and Hon. C Himnond was elected as special judge for the remainder of the present term of this court. In the matter of the estate of M. G. Jackson, appeal; lria by .court, and verdict for defendant. Plaintiff files aihdavit for an appeal, and appeal is granted to the Kansas City court of appeals. R. X. DeGraw and C. C. H. Zill man, ezparte, application to be ad mitted to the bar; examination in open court by committee cf three, com posed of C 0. Cram ley, P. S. Rader .and Fred Lamb, and license granted V. F. Minor vs. M. D. Minor, di vorce; plaintiff divorced on payment of costs, and given custody of four minor -children. Frank. Walter, Gilbert and Annie. Clarence iermitted to remain in care of John Gcrhart. R. A. Gaudy vs. James Sanderson, appeal; dismissed by order of the ap pellant. Lucy Brummall vs. Jnn. M. Tiller -son, suit to quiet title; by agreement came is transferred 1 1 circuit court at Ketesvi:ie, and to be se. f ir trial on Saturday of the first week t.f the Oc tober term. Kate llattr.cr vs. John Piatt tier, divorce; judgment ol divorce for plain tiff and given $2,500 alimony, which is to be paid within 30 da) s. Fuller Johnson Mtg. Co. vs. M. Neal, debt; judgment for plaintitT for 23158 with interest from date at 6 ct cent. Walter Hayes vs. Mary Hayes, di vorce; decree nisi, and cause continued. B. J. Moore vs. Fred Young, suit on account; trial by court and judgment ly plaintiff for $i;.U -h interest from date at f per cent. Otto Gas Kngine Co. vs. James and John Ilushncll replevin; the court gave to the jury a jcrcroptory instruction to find the issues for plaintiff. Verdict of jury for possesion ol property named in chattel mortgage, value of property assessed at $450, aIU- nominal dam ages. This was a veritable case where a nun paid ' too much for h:s whistle." In September. 1895, James ana John P.ushne'.l bought ot the (:to Gts Ei Jnc company cl Philade'phia. through thrr a?ent, George M. Wats, at Ka:.sa City, one of the co.upinj's 10 l.orse power cnInci. The en -i-.; was simp'y n ten led by the co.np.tny fwr a f.'.rt;urs cr sto Kuan's ; -:; ci.and is never s U by the ruspny it:!; t run threshing s j arators. It as sold with a wrirtca giarantcc that it was 1 fu!l 10-horse j-cr .: "". Thi company made ti e rre' V irg il test. before the engine kit th v-'j s to e?e errr.ir.e whether i? ea:;i. 'o the rc 1 paired test, which it per for wicd s:tis factorily. Messrs. ItuMine-'l received the engine at Keytesvil'c in Septem ber, and in Cktttcr executed theii notes secured by chitttl triorgagc on the engine and a lot of horses and milch cows, the nates to the company amounting to $900 and one for $200 to Geo. M. Watson for money borrow ed of htm to make the firt payment, making the cost of the engine $1,100. Messrs. Pushnell used the engine dur ing the fall, winter and spring months in sawing wood and crushing corn, the class of work far which it was really intended, with perfect siti fiction bi yor.d a few minor hind.ar.ces that will always occur when ineNjericnrcJ men undertake to hiruMc r. .c! "r-.-ry of t i 1 haractcr. When t! j ihtc -.i.- v j' n nme around in t! e ! i' " ir ' Jviv th-y J.-r tlire.h- nitei.etl t to a jr-'a i". ' ' i- v er and attempted t- ti.'fj'i wlie.it. M is is a class of wi h ;he compans agent dcinol, r.ti tiie engine was never ir:-.-ivd and for which thev never rei 'urtiud tuim. (?onsci;i:;nt!y the rn.t?i!-.- luilcd ij perform its nc duty .la.toii!y. ar.d hat! to be aVin l i!;vc' .? :tt..m or - gine. u.en me Aesr5. iu ;ir..-.i tlaimcd that they l.-ii ni-uiy Ixiuglit the engine to run a s .-wr;i.Mr. bevausccf the warranty by W,ii., tiie agent. tha it would run x scplrjL'r perfectly and that it hid as tauJi pe.Acr as any 10-horse power steam engine, and would run any machine that such 10 horse jower steam engine would run. and because it would not run the sep arator they claimed it was cot a 10 horse power engine, and thereupon brought the engine to Keyt'esviHe and notified the company of the claimed failure of warranty, and thereupon re fused to pay any more of the noUs. Mr. Watson brought suit for the re covery of the $200 he had loaned them on the first payment to the com pany. That case was tried in the jus tice's court, where the jury very promptly found for defendants, the Messrs. BushneiJ, because of the al leged fraud practiced by Watson in procuring the contract of sale in war ranting the engine to puH a separator and do any kind of work a 10-horse power steam engine would do. Judge Rueker in the circuit court just as promptly instructed the jury that they must find for the plaintiff, and ia this case tried at Salisbury before Judge C Hammond, special jt:dge, there was the same result the jixy was peremptorily instructed to find for l-uintifl. As showing the tcnt ot juries in cases cf this kind, t!iC jury that tried this case at Salisbury lat Tuesday at first agreed to report a verdict in favor 01 defendants, al though there was not a paiticlc of evi dence left before them by the judge tending to prove fraud in the procure ment of the contract, or that the en gine was not a full 10-horse power en gine, and in spite of the furtaer fact that the only instructions given them directed a verdict for the Otto Gas Engine company. Kansas Molice PInw Co. vs. Cecil Wayland et al, debt; by asrerr.ient this cause is traasferrci to circuit court at Keytesville. In the matter of the assignment of C M. Runiscy. F. M. Clements, as signee, assignment; C C. Hammond appointed to examine assignee's re port, and make his report to this term ot this court, Ihursetar, Jut 22Pd. Report ot C C Hammond, commis sioner, filed, taken up and examined and approved and assignee discharged. duma A. Taylor vs. J jha R. Tay lor, divorce; non-su:t. Lli Slr.re, assigne;, vs. II. V. Mcure, sjit on account; mn:t r it vine ar- t . count more wecai: c.cuu'ci. ir Tlant is given Oa u iy assrer. and cause continued. It I. Moire vs. I. D. nnJ W. 1. 1 Attetbcrry, suit oaw.v; cc.-tin-rd J j plaintiff. IJank cf Marcclinc vs. Mary C Kul 'er, suit on nntc, by agreement cliingf of venue is gtanted in this caueto the circuit court cf l.inn county, at Urook field. CHIMIN l. t SK. ' Slate vs. S. Searingcn, fcloa'ju? assault; defend int by constntof prpse cuting attorntT allowed to plead goilty to common assau!t. Somethicg Over a year ago defendant was a merchant at GutJiridge Mills. He had an -ac count against R. F. and James Hazel wood, father and son. for goods vlold them on credit. His debtors d.'Jve up in front of his store one day riding tn a spring wagon. He dunned them for the debt they owed. An altercation of words ensued. Swearingen became enraged at some of their insolcncern into his store and returning with, a pistol in his hand began firing in thiy direction as they drove c.T, !::t svtj1) J into t!ic air to frightw-n tl.cm, as he de clared. Upon p'ea lin z guilty to ecm mun assault he was fined 5 10 iftd xits, which he cm: id not p.iy and was s.nt to j.u!. ?4 StJte vs. Ucn Gar kner. felonious as s mlt; .f v... Gardener ras in tiictcd by the pi and jury at the JuTy. I , term of circuit ourt at Salisbury fi .r inakinr. a felonious assault on C)car ( vi!cy. ali ;s Stccj !c Jack," in front of J. A. O IV.iHipV livery stable in Kcvlcsvil'e on June 16th, i3o6. G wiener and Wiley had had some trouble over a .cttkment of wages due him (Gardener) by the said Wiley, which culminated in Gardener knocking ' Steeple Jack djwo with a club fiom a Mow on the head. The case has been continue! by the state from term to termS ac count of the absence of the pTC i him to attend, the prosecuting attorney dismissed the case. State Samud Croff, perjury, Hon. C Hammond of Brunswick, counsel for defendant, having been elected special judge in the absence of Judge Rucker, this cause was, by agreement, continued to the next term of court. State vs. 'no. Ieonard, felonious as sault; tvillc prtuqmi. Leonard was charged with fcforuous assault on VVm. B Cokelv, near Tnplett, a year ago this month. Cofcery seems to have had no desire to prosecute the case as be tailed to pu in his appearance during this term ol court. State vs. Wm. Collet, sefllng intoxi cating lipior w ithout license; the proso tating attorney !cirg d:Vualiied by reason cf relationship to 3cfeniant. A. W. Johnson was appointed to iKCsoc'jtc. A vr Prcsorti was entered in this case anil the de feruiant discharged. Tliis is the last cf ic.cral Marccline fair cases, crimi nating ncr the allcg., I illicit sale of intoxicants in July, 1.96. Stale vs. W. I). 1 aiislcr, arson; wis trial, and prosecuting attfroey enters a .-7C'4r. All die ccidence was lesented at the trial that it was possi ble for the state to procure, and as the jury stood 5 for conviction So 7 for ac quittal the state despaired of ever being able to convict, and to save ttseless ex pense dismissed the case and dis charged the defendant. Fas-k.T was charjed with burning his dreg store at Prairie Hill in July, 1895. Same vs. LMgar Fa rr ester, cSuxige of venve from Carroll courty; con tinued. Farrester is charged wxth de falking dhe character of Miss Xotie Snider, a Carroll couaty youag lady, in June, 1893. Same vs. John I). Smith, grand larcecy; trial by jury, verdict ol not guilty and defendant discharged. Smkh is one of the parties who was charged wiih the theft of eight head of cittle be.'onjinz to I. N. I-'ing of near McnJon in Xuvc n'cr, iV'. Same vs. less 'Al .Kee and I).vid iLimhirt. cr.-.n i it ' (.r';u as to t Mrrvcc. ! Defend int. DwM ITt-nna-t, eit piea of guilty, wi.cr-v.ion l.is puniah meni L fuvd ai is isaomcnt in the penitentiary fjr two years. V.cKee and llarnhart were iniictcJ, in last January fr the theft cf the I-cng cat tle as wis also John I). Smith, but as there was no cviJcnce to establish McKce's guilt the case against him was dismissed. Under the provisions cf a new Lw, passed by the last gen eral assembly of Missouri, Barchart was permitted to enter into a parol bond in the sum of $500, with Joseph Barnhart and I. N. Long as securities, for a period of two years, and if he will, during that time, conduct him self as a law-abiding citizen should he may eventually be discharged and es cape his sentence to the penitentiary, otherwise he is liable to arrest and in carceratioa in state prison whenever he shall step beyond the bounds of gro 1 behavior. By the further pro vision of his parol Barnhart is also re qirrcd to pay the coats in the prose cution ata:.it hira, which amounts to 1 2 i .Cio. Sarrc vs. John Johnson, gambling; dcflniunt waives formal arraignment an J pleads guilty. Punishment aj scsscd at a fine of 5. Johnson is a would le Salisbury sport. San.c vs. lid. WhitcficM, fU-miou; assault; .-t.v.v. Whitcfield is the I)iau Lake negro. ho p iintcd that village a deep crimson in Decem ber, 1 S'O, during a drunken .'prec, and alo drew a double-barrelled f h it gun on J.J. Utley. Whitifi;ld had already served out, in the county jail, a fine of $25 and coits, imposed in 'Squire L. H. Shipp's court at Trip 'ett for disturbing the peace on the above occasion. Same vs. B. F. Bivcns. change of venue from Linn county; mlU prosequi. Bivens was charged with unlawfully session and converting to his own use a certain steer of the value of $3?, stolen from Warren McCullough by Wm. P. Taylor, since huttg, who was one of the notorious Taylor Bros., the murderers ot the Meeks family. Same vs. Hollis Hayes, ' petit lar ceny; defendant withdraws plea of not guilty and enters plea of zuilty. Pun ishment assessed at 30 days in the county jail. Hayes is the 1 6-year-old Salisbury negro boy who stole a watch from C. F. War son of that city a few weeks vince. Same vs. Cab Ttraer, app-nl; de fendant pleads guilty. Pucrishment assessed at a fine of $10. Turner is the Brunswick negro who assaulted George Heisner in that city on the 9th of last May by striking and boa -ing him in the face with his fist. The defendant was arrested and tried by jury in Spaire C. K. Finch's court at BrunsA-kk. f iund guilty and fined $15 and costs, lie took an appeal to cir cuit court, with the result already s'atcd. Cab is tcuw servin' out his fine and costs in the cosnty jail, in the absence ot secneicnt filthy lucre to liquidate. Same vs. George Crawford, feloni ous assault; trial by jury, defendant found guilty. Punishment assessed at a fine of $ too. Crawford is the man who drew a shot-gun oa Lverett B. Lent on the tst day of July, iSG, near Brunswick. Sime vs. Lilbum Coleman, Harri son Coleman, William Adams. Jr.. John Courtney and Walter Courtney, disturbing the peace; severances granted John and Walter Courtney, both of whom pleaded guilty and were fined 5 and $10. respectively. The other three defendants have not yet had their trial. These rive youag men were indicted last Jaauiry for disturbing the peace at a Christmas tree t Oldham school-house on the evening of December 24 th, tSi. Same vs. G. W. Lawhorn, selling iKjaor illegally; trial by jury, and er - diet ol not gu;lty. The deen Jant in this case is a practicing phssician and . 1 . 1 . - 1 1 I - such circumstances ccr.icLons arc , seldom obtained for the iliic.it sale of U juor, cspcuV.lv when the prusccut-j ing witness oflexs tetany before thecal 03 or alcnt the trnc cf the dis- w lied need Psices w C39 m m Men's Furnishing Goods JIJ l Herbert TOR lNcxt Vo JJ'avs. m i Fifteen per cent off on all ??? cash purchases- ! HERBERT fi 7f Oil MEN'S FURNISHER, g r rr i KETESV!LI.Ef A10. ! f& c- grand juTy that will secure an indict - merit, and tfien becomes a know - oothing" when the ease goes to trial in circuit court. A few determined prosecutions for perjury would doubt less have a very wholesome efTect in such cases. State vs. Rob t. W.Green, No. 2. ra pe; siwr-Tat vfnir for fx men ordered k for m. From tin's venire the following jury was impaneled yesterday evening, to try the case the trial being in progress as we go to to press. X11K J (TOT. T. A. LaGntfc. G. W. atorrbd. Geo. Addi, Geo. Itk-bardiwifL, J. B. Oameron. Wm. Warden. Jax. Eadle. Geo. Wright. Ckas Jcsup. T. A. Byal!. W. c. aloredeck. E. al. Coagrr. Robt. W. Green is ike Clark town ship farmer, who has been indicted on five different counts tor raping his own daughter, Grace Green, on dates rang- iigfrom August, 1893, to March. 1896. The first offense is alleged to have been o nmited when Grace was oily 13 jears of age. A Lawyer of Wondtrlut Ten oarers. His brother lawyers are te'Kng an anccxJote that well illustrates the won derful resources of Maj. W. H. Brad Icy of Salisbury as a criminal lawyer. Mr. Bradley has been retained to de fend Burl Jones, the man indicted for stealing 1 .000 pounds of wool from G. II. Hurt of near Shannoodale some time in June. It w El become necessary in the trial of the case for defendant to explain his attem;t at escape from Deputy Sheriff Embree at Clark while being brought f.-ora Marshall, where he was arrested, and also to account for his where abouts at the time of the dhappear ance of the wool from Mr. f turfs to bacco factory. 1 his be was not pre p ired to do at the present term of court on account of the absence of ma terial witnesses to the facts. I a order to give him time to rocure trws evi dence Maj. Bradley aJced for a con tinuance for his client, and filed an affi davit in support of his motion. In that affidavit Mr. Jones swears that he caa prove he jumpI from the train wnile ia custody of the deputy sheri.T, as it was pulling into Clark at the crossing of the C iV A. and Wabash railroads. ueraujc L - . the conductor orderded junp o:T. He had no intention of attempting to escape! the cITi-er, but jamped entirely litnn?i fcir f that terrible con- C JCl r' In l.is at.'lavit J ines also alleges -IX- m rri TT? Whiws THE- 5r? m m WHITE, m 1 I ' appearance of tlie wool he stopped 1 with a man in Glasgow, but he failed to give the name of the man or to lege that the man saw him. Jude Rueker called attention to this defi ciency in tlie affidavit, and said he would like to have an explanation of ,tbe failure of the man with whom ! Jones Staid all eight to ee him " . Tk, ley had inadvertently, it is presumed, failed to state it. He retired widi the affidavit for the necessary amend ment, and soon returned with it con taining the additional information that the man's name was "Jack," and that he did not see Jones on the occastoa mentioned because he was blind and could not see." The court and prosecuting attorney seeing the futility of contending against fate, guided by a lawyer pos sessed ot uch boundless resources. abandoned the contest, and alIow.l J the continuance of Jones case untl t .e next January term of the Salisbury iort without further oonomion. Judge Racket admitted tlie defend ant to bail in the sum of $750, but it is believed that he will not be able to furnish bond in the required amount, and will be compelled to languish in jail until the time set for his trial. There has not yet been any appre hension of the man, who, it is thought, was connected with Jones in the theft of Mr. Hurt's wool, and it begins to look as though the accessory w as going to be successful in eluding capture, es pecially since Jones firmly and persist ently refuses to make any admissions whatever in tlie premises. Struck It Rich. A special dispatch from Mexico. Mo., to the St. joms Chronicle under date of July 19th, says: Word has reached Mexico that Frank Purcell, formerly a Mexico mer chant, now a resident of Montgomet y county, is en route home from the go'd mines of Alaska with $30,000 in geld. He went there to seek his fortune on?)' last year." Mr. Purcell is an ex -citizen of Char iton county. He moved frcm near Indian Grove to Mexico, Mo., to or 12 years ago where he embarked io. the grocery buboes , but subsequently tailed, after which he cast his lot in Montgomery county. A little more than a year ago he was met on the train by M. F. Courriicy. Prosecuting Attorney J. C. Wui.are and SherilT 1. L Dempsey f Ui- tbte and inf(.rnca t-ie;n lhat j. , v ai oa his way to Alaska. Mr. Puictl.'s Char;ton county fii.d-s will be glad tea Ie.uo lJiai !c ias. -struck it neb. 77