Iowa Old Press
Mt Pleasant Weekly News
Mt Pleasant, Henry, Iowa
November 10, 1897
THE TERM'S WORK
Judges WITHROW and SMYTHE Dispose of an Enormous Amount of Business.
Complete Report of the Proceedings in the Criminal, Law,Equity and Probate
Docket. How Henry County People Fared in Court.
The September term of the District Court has adjourned sine die and will not
convene until in December. Judge SMYTHE and WITHROW disposed of a large
amount of business, although the jury trials consumed only one week. Only
one criminal case was tried, that of the State vs. Sol CAVENEE, the others
being disposed of in various ways. As the court proceedings have been rather
neglected this term, every case up for consideration by the court is given
below with the disposition made of the same.
The following disposal of all criminal cases that came up before the court
during the September term just closed:
State of Iowa vs. Grant McGAVIC, seduction. Cause ignored by the grand jury
and the defendant discharged.
State vs. Willis JILES, breaking and entering. Defendant plead guilty and
was sentenced to the penitentiary for eighteen months.
State vs. Murray ROGERS, incest. Dismissed on motion of county attorney,
because of refusal of prosecuting witness to appear.
State vs. Martin SMITH. Defendant discharged and bond exonerated.
State vs. Arthur COURTNEY four cases in which bond was exonerated.
State vs. Solomon CAVENEE. Malfeasance in office. Trial and case taken from
jury. Defendant discharged and bond exonerated.
The following is the disposal of the several law cases that came up for
hearing.
McCORMICK Harvest Machine Co. vs. D.M. SAUNDERS note. Case to be tried next
term or dismissed.
Power and Walker Casket Co. vs. COZIER & TIFFANY, account. Settled and
dismissed.
Palmer C TIFFANY vs. B.L. COZIER, et al, debt. Settled and dismissed.
John SIDES vs. C.B.&Q.R. malicious prosecution. Dismissed at plff. cost.
Joseph SOPHER vs. C.Q. & Q.R., malicious prosecution. Transferred to the
Federal Court.
Milton C. McCLERAN vs. C.B. & Q. Ry., damage. Dismissed because plff. failed
to file a cost bond.
E.E. Taft Adm. vs. C.B. & Q. Ry. damages. Continued until next term.
D.E. CUSEMAN et al. vs. Margaret O'LOUGHLIN, damages. Settled and dismissed.
Fairbank, Morse & Co. vs. J.H. COLATT, debt. Dismissed without prejudice.
Assignment of Dennis MORONY, Final report approved and assignee discharged.
Jesse C. COCHRAN vs. Turner WHEATLEY, damages. Dismissed on motion of plff
at his cost.
Dora E METZ vs. Sarah J KEETON, debt. Trial and verdict for deft.
Geo. B. SPAHR vs. allen BONNIFIELD, et al. ,note. Omitted from docket.
Chicago Stove Works vs. J.H. COLATT, account. Dismissed for failure of plff
to file cost bond.
Packer National Bank vs. J.W. THOMPSON, note. Case continued at plff cost.
Nat. State Bank vs. R.A. GOAN and Andrew GOAN intervenor, attachment.
Settled as to intervention of Andrew GOAN.
First Nat. Bank, T.L. BEERS, Jas. B HART and Leedham & Baugh vs. R.A. GOAN
and Andrew GOAN intervenor, four attachment cases. Settled as to the
petition of the intervention of Andrew GOAN. Default against R.A. GOAN and
attahced property ordered sold.
J.H. SWEENEY and Mary BRESNAHAN vs. R.A. GOAN, Andrew GOAN and J.H.
WALLBANK, damages. Defendants' demurrer overruled.
H.R. CUMMINGS vs. Robert CLARK and Mary CLARK, damages. Dismissed at
plaintiff's costs.
Emma SCARFF vs. John SCHADT, damages. Continued.
H.R. DOAN vs. H.C. PUTNAM, replevin. Continued by agreement.
Rebecca HITTS vs. R. MILLER, et al. note judgment against the defendant for
the amount of note, interests and costs.
C.E. MAGERS vs. Chas. B BAKER, attachment. Judgment for plaintiff and
property ordered sold.
David FRANCY vs. Timothy FRANCY, settled and dismissed.
Application of J.E. HOLLAND for permit. Trial and permit granted.
Application of C.O. ROUSE for permit. Application withdrawn and judgment
against ROUSE for costs.
Wm ALLENDER vs. O.F PERO et al., note settled and dismissed.
A. and T.C. FLORRISON vs. Peter COFFEY et al., debt. Judgment against
defendant for $58.36.
E.J. KEPPER vs. Carr PECK, damages. Trial and verdict for plaintiff.
Bertha HUMBERT vs. Clyde DUTTON, damages. Dismissed on motion of plaintiff,
at her cost.
Mary E WHEELER vs Reynolds BERNECKER, attachment. Default.
First Nat. Bank of Defiance, Ohio vs. W.H. VIRDEN, note. Judgment for amount
due on note.
Roy FRANKHOUSER vs. W.H. VIRDEN, note. Judgment due on amount of note.
Chicago Cottage Organ Co. vs. Mary LAGROW, note. Judgment for amount due on
note and costs.
John EDGAR vs. Jesse V VAUGHN,note. Judgment for amount due on note and
costs.
Susan B BARTLETT vs. Jared HILLS, note. Judgment for amount due on note and
costs.
EDSON, KEITH & Co. vs TURNEY & OSGOOD et al., debt. Judgment for $129.95
interest and costs.
J.H. REEDER vs. Geo CRAMER et al, damages. Trial, verdict for defendant and
judgment against plff. for costs.
M.M. MILLER vs J.O. BALL et al, note. Judgment for amount due on note,
interest and costs.
Application of Dr. A.E. MOORE to change permit. Petition granted.
J. NUGEN & Son vs. O.H. FOSTER, note. Judgment for amount due on note.
Interest and costs.
H.R. CUMMINGS vs. Robert CLARK damages. Dismissed at plaintiff's cost.
Joel TURNEY vs John SCHADT, note. Judgment for plaintiff with interest and
costs.
The following is the disposal of all cases on the equity docket:
E. McADAM vs. Martin DOUGHERTY, debt. Omitted from the docket.
Andrew J SMITH vs Christian SMITH, divorce. Dismissed.
John ELLIOTT et al vs. City of Mt Pleasant et al, injunction. Omitted from
the docket.
Wm. L WHITNEY et al vs LEEDHAM & BAUGH et al. Settled and dismissed.
L.M. MANN vs. Hanna HANNICUT, et al, to quit title. Omitted from docket.
Rush a GOAN vs. W.H. WHITNEY et al, foreclosure. Settled and dismissed.
Alice N STUBBS vs Jesse STUBBS et al to enforce and close a trust. Trial and
decree for plaintiff.
B.M. GOLDSMITH vs Phillip TURNEY, partition. Final report approved and
referree discharged.
Marquis D ANDREWS et al vs Walter P ANDREWS et al, partition. Continued.
Samuel STETLER vs Watson PORTER, foreclosure. Decree of foreclosure signed.
Mason MILLER vs unknown heirs of Paul WAY et al. To quiet title. Default and
decree.
Nora KISHEN vs Daniel KISHEN, divorce. Trial and decree for plaintiff.
John T HARSBARGER vs Wm H SCHLIEP et al interpleader. Trial and decree for
Wm SCHLIEP.
Chas Bert BAKER vs Marshall COX et al, partition. T.A. BEREMAN appointed
guardian for Leslie HENRY and Grace CORLEY. Default as to other defendants.
Henry CODNER vs. J.W. CARDEN et al., dismissed.
Henry County Savings Bank vs. Hannah JOHNSON et al, foreclosure. Default and
decree.
J.S. ROBERTSON vs. Unknown claimants of Mrs. John WRIGHT et al. Decree
issued.
Lizzie K SEELEY vs Ella J WEIMER. Decree signed.
John BICKSLER vs. Clarkson JACKMAN et al, foreclosure. Decree signed.
O.H. TYNER et al vs Joseph J HOAG et al. Decree signed.
John H HEARTHERINGTON vs. W.E. HEATHERINGTON, partition. Decree and report
of sale approved. [Note: names as spelled in paper, both different]
Henry TRAUT vs unknown claimants of William ROGERS et al to quiet title,
Default and decree.
Minnie JACKSON vs R.L. JACKSON, divorce. Decree signed.
E.J. WEHRLE vs. Julia E WEHRLE, divorce. Decree signed.
Mary A BERRIER vs Elmer RICHMOND. Decree signed.
Francis D SHELDON vs Geo. JACKMAN et al. Settled and dismissed.
W.B. SEELEY and Sherman TAYLOR vs Ella WEIMER et al. Judgment for amount due
on note, with fees and costs.
Jane REDFEARN vs Lula REDFEARN, partition. Sale approved and references
discharged.
Alfred H COBB vs W.A. COBB et al. foreclosure. Default and decree.
Robert S. GILLIS vs Thomas GIBLIN. Dismissed.
Susan ALSUP vs Reuben ALSUP, divorce. Trial and divorce refused.
The following is the disposal of all cases on the probate docket:
Estate of Peter PERINE, final report. Report approved and administrator
discharged.
Estate of David ROBERTS motion to set aside allowance. Claim of Margery GASS
to the amount of $202.40 established.
Estate of John BUCKINGHAM, application to sell real estate. Report of sale
and decree approved.
Estate of Maria D ANDREWS, final report. Report approved and administrator
discharged.
Guardian of Stack CAVENEE et al., final report as to Flora B and Jas W
CAVENEE. Report approved and guardian discharged.
Estate of Matilda BLUE, application to erect a monument. Administrator
authorized to expend not to exceed $90 for tombstone.
Guardian of Jesse CANTWELL, final report. Report approved and guardian
discharged.
Estate of Theo. SCHREINER, will probated and Anna M SCHREINER appointed
executrix.
Estate of Lillian M COWDEN, will probated. Will probated and Henderson
MANNERS appointed executor.
Estate of John KILE, will admitted to probate. Nancy KILE appointed
executrix.
Estate of Mary SHORT, will admitted to probate. S.S. HUTCHINSON and Joseph
SHORT appointed executors.
Estate of Augustus MABIUS, will probated and Chas. MABIUS appointed
administrator.
Estate of Cynthia ALTER, final report. Report approved and administrator
discharged.
Estate of Martin SWEARINGER. Final report approved and administrator
discharged.
Estate of John FOGLE. Final report approved and administrator discharged.
Estate of Eliza CRAWFORD, final report approved and administrator
discharged.
Estate of J.S. OAKES, will admitted to probate and J.C. TATE appointed
administrator under $2,500.00 bonds.
Estate of Frederick HEDLUND. Will admitted to probate and John HEDLUND
appointed administrator.
Estate of Nellie OCKERSON, application for guardian. Nels PETERSON appointed
under $14,000 bonds.
Estate of Stephen BOOTH. Report approved and Margaret BOOTH discharged as
temporary administratrix.
Estate of Mary COOPER, will probated and Lincoln ANTRIM appointed executor
under $2,500 bonds.
Estate of Henry SIEBERTS. Report objected to and not approved by the court.
Guardian of Mary COOPER. Final report approved and guardian discharged.
Guardianship of Elizabeth C BUFFINGTON, application for appointment of
permanent guardian. Judgment for defendant and temporary guardian
discharged. Judgment against Ruth BOYER for costs.
Estate of Wm. LANDER, application to sell real estate. Order of sale
granted.
Estate of David DAVIES. Final report approved and administrator discharged.
Estate of Elizabeth RUSK. Will probated and Laura RUSK appointed executrix.
Estate of Thena CHANDLER. Final report approved and executrix discharged.
Estate of D.A. HARPER, application for widow's allowance. Widow allowed
$200.00 for one year's support.
Guardianship of J.N. ROSS. Objections to report and petition for removal of
guardian. Report approved and resignation of W. MULLIN accepted. J.C. ROSS
and Etta ROSS appointed joint guardians.
Estate of Adison JOHNSON. Final report approved and administrator
discharged.
Estate of Chas. KILBOURNE. Final report approved and administrator
discharged.
Guardianship of Naomi MILLER, et al., application to sell real estate. Sale
approved.
Estate of D.A. NYSWANER. Sale of real estate approved.
Estate of Eleanor BLAKEWAY. Final report of special administrator approved
and administrator discharged and distribution ordered.
Guardianship of Ralph LYNCHARD. Order signed for authority to mortgage real
estate.
Guardian of David PARKINS. Report approved.
Guardian of Myra PITCHER. Final report approved and guardian discharged.
Estate of Phoebe STEER. Foreign will be admitted to probate.
Estate of Emily CAVENEE. Final report approved and administrator discharged.
Estate of Peter BOSHART, C.W .PAYNE appointed special administrator to pass
upon the claim of Meno BOSHART.
Estate of Willford CARDEN. Final report approved and executrix discharged.
Sylvester SMITH, executor of G.W. WAREHAM. Order for sale of real estate
granted.
Estate of Wellington BIRD. Will probated and Leslie M BIRD appointed
executor.
Estate of E.D. HEATHERINGTON. Claim of Henry HEATHERINGTON allowed to amount
of $500, less amount due on note.
Estate of Wm LAUDER. Claim of C.C. McFARLAND for $700 allowed.
Estate of M.F. WINTERS. Continued until February term, 1898.
Guardianship of Edward TULK. Final report approved and guardian discharged.
Estate of P. O'LAUGHLIN. Administrix authorized to settled the GUSEMAN
litigation.
In the matter of insanity of O.P. McCABE. Appeal from commissioner's
finding. Defendant discharged and relieved from the finding of the
commissioners of insanity.
Estate of W.R. HILL. Order granted for application to sell real estate.
Guardianship of B.L. COZIER. Augusta L COZIER appointed guardian.
Guardianship of Emma R EVELAND. T.S. FINLEY appointed guardian ad litem.
Estate of J.Q. A. PIERSON. Report of sale of real estate approved.
Estate of C.G. WILLITS. Will probated and Ellen WILLITS and Thornton WILLITS
appointed executors.
Estate of John H WHITE. Foreign will admitted to probate.
Estate of Anna C WHITE. Foreign will admitted to probate.
Estate of Jacob LISHEY. Final report approved and executor discharged.
SALEM LETTER
Salem, Nov. 8, 1897. (Correspondence)-Mr. Ec. FERREE, the postmaster at
Hillsboro, was in our city Wednesday...Mrs. John BICKSLER went to Keokuk
Wednesday, having been called there by the death of Mr. Harry JONES...Mr.
Lant FRAZIER is carrying his arm in a sling, the result of a sprain...Mrs.
R.W. ROGERS visited friends in Mt. Pleasant during the week...Mrand Mrs.
Hiram JONES went to Keokuk to attend the funeral of Mr. W. Harry
JONES.....Mr and Mrs. Arthur McMILLEN and family are making arrangements to
move to California in the near future.....Miss Belle HAMMAR came to Salem
for a short visit. She has a position in the canning factory in West
Point.....Mr. W. H. KRAUSKOUP returned Tuesday from a trip through northern
Iowa.....Mr. Wm. DAVIS of Rome was in the city Thursday.....Mr. Chauncey
JOHNSON of Mt Pleasant was in Salem Thursday.....Mr. H.G. TRIPLETT has
accepted a position to travel for a wholesale grocery house in Davenport. He
expects to begin work in about two weeks. Mrs. TRIPLETT will remain in Salem
for several weeks before going to Davenport where they expect to make their
future home.....Misses Lillie and Bertha LESTER were in Mt Pleasant
Saturday.....TYNER Bros. have advertised their line of clothing and men's
furnishing goods to be sold at auction Nov. 10.....Mr. H.J. BOSSLER and Miss
Jennie INGRIM were in Mt Pleasant Saturday.....The Misses EVANS entertained
a number of their friends at a "Salamagund" party on Tuesday
evening.....Miss Hattie HASKETT is suffering from erysipelas in her
face.....Mr. Tom WHITE of Hillsboro was in the city Saturday on
business.....The members of the G.A.R. and the W.R.C. enjoyed a very
pleasant afternoon with Mr and Mrs Nathan WEEKS on Saturday. The event was
Mr. WEEK's seventy-eighth birthday anniversary. Delightful refreshments were
served during the afternoon. Mr. WEEKS has hosts of friends who wish for him
many happy returns of the day.....Mrs. Tom JOHNSON gave a dinner party on
Thursday to some of her lady friends. She was assisted in receiving by her
sisters, teh Misses LESTER. The ladies present were Mesdames HASKETT, J.M.
TRIPLETT, PIERCE, RODMAN,and the Misses HARGRAVE. Mrs. JOHNSON always
entertains most pleasantly,and on this occasion she fully sustained her
reputation.....Mr. Fred W GARRETSON drove to New Boston Wednesday evening
where he met his cousins, Mr and Mrs Fritz GARRETSON wh were in route from
Buffalo, N.Y.to Mexico.....Mr HEWETT of Morning Sun spent several days
during the past week with Mr and Mrs J.A. RICE.....The Misses HARGRAVE gave
a dinner party to a few of their lady friends Saturday evening. An elaborate
collation was served. it is always a pleasure to be entertained by these
cultured ladies. The invitations included Mesdames PIERCE, RODMAN, ROGERS,
Boyce T SHRINER, J.M. TRIPLETT, KELLAR and the Misses Mamie and Mattie
CREW.....Mr and Mrs. Tom JOHNSON were in Mt Pleasant Saturday.....Mrs.
HENDRICKS and daughter Miss Ann HENDRICKS, visited for several days in Mt
Pleasant.....Mr and Mrs John SPRAY of Hillsboro were in the city
Saturday.....Salem and vicinity was visited by welcome showers of rain the
latter part of the week.....Mr James BROWN returned Sunday evening from a
visit with his children in Kansas.
COURTNEY-BRADMIER.
A quiet wedding occurred at the home of the bride's parents, Mr and Mrs A.G.
COURTNEY, in Canaan township, Wednesday, October 25. Miss Eva, the oldest
daughter, was married to Mr Louis BRADMIER, of Des Moines County. As the
strains of the wedding march were softly being played by Miss Jessie
COURTNEY, the couple entered the parlors and at the noon hour Rev. ROGERS of
Mt Pleasant pronounced the marriage ceremony and a brief prayer.
An elegant dinner was prepared and served the guests by the sisters of the
bride. Only the near relatives of bride and groom were present. Miss
COURTNEY is an energetic young lady, skilled in all the domestic arts of a
reserved disposition. The groom,a young man of good habits. They departed in
the afternoon to dwell on a farm near the kins people of the groom. May
happiness ever be theirs, is the wish of their friends.
Submitted by: #000525