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CIRCUIT COURT PROCEEDINGS

Published by the BONNE TERRE REGISTER
Bonne Terre, St. Francois Co. MO
Fri. Aug. 24, 1906

Circuit court convened on Monday of last week with all officers present.

The case of J. S. CLAY, administrator of the estate of James A. ABERNATHY, vs. Ophelia MOORE took up most of the time of the court Thursday and was listened to by quite a number of people. The case itself was simply a replevin suit for the possession of a mare and had been tried last spring in Justice YOUNG's court. The testimony showed that Mr. ABERNATHY had been the owner of a race horse named "Alice S." The defendant proved by a quite a number of witnesses that Mr. ABERNATHY at different times had made the remark that he had given this horse to Walter MOORE, son of the defendant.

During the trial Ophella MOORE testified that she was married to Mr. ABERNATHY by contract some time in 1900, and that they lived together in the house where Mr. ABERNATHY died. The only witness to this contract marriage was a sister of the defendant.

Plaintiff was represented by Attorneys ROBB and ROZIER and the defendant by Attorneys BOYER and ANTHONY.

The case was given to the jury last evening and after being out until 11:30 they reported that they could not agree on a verdict. The judge dismissed them until this morning.

Following are the other proceedings, briefly stated, to date:

Sheriff CROKE and Deputies Wm. LONDON, Thos. KIDD and L. F. HEINRICHS are sworn.

Franz J. KIM appointed official court stenographer.

Eugene KILGORE vs. St. Louis Smelting & Refining Co., damages; continued by consent on account of death of M. W. HUFF, defendant's attorney.

C. B. SCOTT vs. John DEGROLSKI, appeal from Jr. P. court, three cases; same.

Robinson & Co. vs. R. L. SMITH, to correct deed; same.

Chas. A. GORDON vs. Federal Lead Co., damages; same.

J. C. GURDA was enrolled as a member of this bar on motion of D. L. RIVERS.

M. L. CLARDY, W. S. ANTHONY, M. R. SMITH, E. A. ROZIER, Geo. M. WILSON and Politte ELVINS appointed a committee to draft resolutions of respect for the late M. W. HUFF.

State vs. Clarence SMITH, gambling; plea of guilty and fined $25.

Wm. F. MAXSON vs. Elizabeth MAXSON, partition; continued to November term.

J. R. BABB vs. Ill. So. Ry. Co., damages; continued to November term.

W. S. ANTHONY vs. C. C. WAMPLER, note, judgment by consent for $40.

J. H. HUNTER excused from further services as a petit juror.

G. O. NATIONS appointed guardian ad litem for Maud and Ethel ZOLMAN, minors.

M. PIPKIN appointed guardian ad litem for Leo and Birdie MAXSON, minors.

State vs. J. W. THOMAS, selling liquor on Sunday; dismissed as to first count, plea of guilty and fined $10 and cost as to second count.

State vs. Joseph SMITH, same; same.

State [vs.?] G. R. ROMINE, Frank BYINGTON, R. G. NOLAN, same; same.

State vs. Andrew SALATOL, assault with intent to kill; plea of guilty and sentenced to ten years in penitentiary.

State vs. Sam DOSS, selling intoxication liquors on Sunday. State enters nolle prosse as to first count, plea of guilty and fined $10 on second count.

Same as to state vs. Herbert RONGEY, et al, Wm. RYAN et al, John WILKSON and George MEYER.

Valle RAYBURN vs. Mary E. NALLE et al, partition; continued by consent on account of death of M. W. HUFF.

State vs. Chas. G. CASEY, rape; set for trial on September 5.

State vs. Jake NOLAN, murder; set for trial on August 27.

State vs. John SUTTEN, assualt with intent to kill; continued to November term.

Wm. R. ROOP enrolled as a member of this bar on motion of D. L. RIVER.

State vs. W. J. HOLLIER, obtaining money under false pretenses; dismissed at cost of defendant.

E. S. JESTER vs. J. J. ROBSON, appeal from J.P. court; dismissed for want of prosecution.

Fred STRICKLAND vs. Doe Run Lead Co., damages; continued on account of death of M. W. HUFF, council for defendant.

P. Z. McDANIEL vs. Illinois Southern Ry. Co., appeal from J.P. court; judgment against defendant for cost.

G. W. FORESTER et al. vs Modern Brotherhood of America, contract of insurance; continued by consent to November term.

Firmin T. NEWBY et al. vs. W. T. NEWLY, partition; K. C. WEBER appointed guardian ad litem of Cora HORN, W. FRASER, Jr. and Essie HORN, minors.

Wm. YINGLING vs. Harvey THURMAN, appeal from J.P. court; continued by consent to November term.

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