Morris Herald – March 24, 1876

Excerpts from the Morris Herald for March 24, 1876

Assault with a Deadly Weapon – Such is the charge brought against one Cary Oldham, a colored individual, who claims an abiding place in the town of Wauponsee.  The charge is brought by one Norval Blair, of the same town, who is more or less known in this vicinity by his frequent appearance at the bar of justice as an oppressed person seeking his rights. Oldham is in the habit of indulging in corn, in the liquid state, and having imbibed freely on Saturday night and Sunday morning, he stopped at the residence of the Blairs and endeavored to raise a disturbance, threatening the elder Blair and Benjamin, and finally displaying a revolver and pulling the trigger on the senior Blair, and then fled. Blair had his assailant arrested and lodged in jail where he remained until Monday when he was brought before Justice McBride, charge as above.  The trial was postponed until 4 o’clock in the afternoon.  In the meantime the earnest pleadings of the prisoner led the Blairs to desist from further prosecutions and the prisoner was discharged from custody under promises of good behavior.

MINOOKA

Roll of Honor Minooka High School for week ending March 17th, 1876:

Mamie Smith, Lissie Hennissey, Mamie Smith, Ida Gorham, Emma Gedelman, Anna Tabler, Gracie Griswold, Wm. Tabler, Chas. S. Smith, Eddie Gedelman, Nettie Smith, Mamie King, Augusta Schiek, Wm. O’Brien, Emma Schiek, Chas. Hellman, Chas. White, Henry White, Chas. Weese, Lewis Tabler, Bertha Bibbins, Allie Dirst, Katie Turley, Anna Bell, Pliny Gates.

The winter term of the public school will close to day (Friday). This entire school week has been spent in the regular annual school examination which has been conducted both orally and written.  A large majority of the pupils answered over 90 percent of the questions asked, and many of their papers showed that much care and skill had been given to their preparation. Such exactness and clearness of statement as they evinced can only be attained by regular attendance, close attention to instruction, and earnest study.  The spring term will commence Monday, April 10th, 1876.

David Ward Wood, of Chicago, an efficient laborer in the cause of Temperance, will lecture on that subject at the M. E. church on Sunday even, 26th inst.  All are cordially invited to come and hear him.

The regular quarterly meeting of the above church will be held Saturday afternoon, 25th inst., and Rev. W. H. Gloss, Presiding Elder, is expected to preach Sunday morning after which the sacrament will be administered.

Tuesday night, 14th inst., Mr. D. Rogers was taken ill very suddenly and commenced to spit blood.  His family became very much alarmed and immediately sent for Dr. Ferguson, but before he arrived Mr. Rogers had spit over half a gallon of pure blood.  The doctor soon perceived that the hemorrhage emanated from the stomach and promptly arrested it.  He did not bleed any more till about the same time Wednesday evening.  The doctor was again summoned and immediately stopped it on his arrival, but not until he had bled over a quart.  He is now doing well though very weak.  The doctor is not fully satisfied as yet, but thinks it is caused by an ulceration in the stomach.

Court Proceedings. 

The March term of the Circuit Court for Grundy County convened on Monday, the 13th inst., Judge McRoberts presiding. The following business has been transacted up to the time of our going to press.

Common Law

Abraham Lloyd vs. Daniel Harrom. The death of defendant suggested and leave to make executors a party, and leave to plaintiff to file new declarations. Continued. Reading for plaintiff, and Hopkins for defense.

Andrew J. Robb vs. Thos. Loughead, et al. Continued, Sanford for plaintiff, and Hopkins for defense.

Martin Charlton, Administrator, &c., of John Pace, deceased, vs. Gardner co-operation Coal Company. Continued. Sanford for plaintiff.

John L. McCormick vs. Wm. L. Huse. Stricken from the docket. Hopkins for plaintiff, Eldridge for defense.

Daniel Harrom vs. Abraham Lloyd. Death of plaintiff suggested and leave to made executors, party. Continued. Hopkins for plaintiff. Reading for defense.

Thos. Anderson vs. Wm. Starr. Settled and dismissed at defendant’s cost. Jordan for plaintiff. Needham and Hopkins for defense.

Geo. H. N. Cushman for use of Wm. H. W. Cushman, vs. John McNellis & Co. Suit brought on account. Plaintiff claimed $600. Tried by jury. Judgment for plaintiff, $29.56. Armstrong for plaintiff. Hopkins for defense.

Alice Lord, Executrix of the estate of Robt. Lord, deceased vs. John Coop. Settled and suit dismissed at defendant’s cost. Harris for plaintiff. Reading for defense.

Thos. Barrow & Co. vs. Isaac R. Benjamin and John Summers. Jury waived and cause submitted to Court. Judgment against Summers of $542.50. Sanford for plaintiff. Hopkins for defense.

E. E. Gifford vs. C. W. Card, et al. Continued. Pearre & McIlduff for plaintiff. Needham for defense.

Philip Collins vs. John Schroder. Replevin. Dismissed by plaintiff at his cost. Hopkins for plaintiff. Harris for defense.

Clinton W. Card vs. Joseph W. Simpson, Norval Blair and Prof. J. Hamilton Whitney. Libel. Jury trial. Verdict guilty and judgment for $300. Motion by defendants for new trial. Needham, Hill & Debell for plaintiff, Harris for Blair, Munn and Armstrong for Simpson.

Phoebe Robinson vs. C. W. Card and David W. Newport. Continued. Hopkins for plaintiff. Reading for defense.

David McWilliams & Co. vs. Rudolph Brenamon. Attachment. Continued Pearre & McIlduff for plaintiff. Harris for defense.

Daniel A. Jones and Chas. L. Raymond vs. Sam’l Holderman and Geo. F. Brown. Two cases. Venue changed in both cases to the Circuit Court of La Salle county on plaintiff’s petition. Dent & Black for plaintiffs. Harris and Bull for defense.

Wm. T. Hopkins vs. John P. Southworth. Suit brought to recover for a law library belonging to Hopkins taken by Southworth when he moved to Alabama in 1869. Jury waived and case submitted to Court for trial. Judgment in favor of plaintiff for $235 being full value of books taken. Jordan for plaintiff. Harris for defense.

Daniel Fisher vs. Harrison Eneix. Appeal from L. P. Lott, J. P. Plaintiff seeks to recover for a lot of hogs alleged to have been taken from Aux Sable distillery at the time the distillery was closed by the government. Trial by jury. Plaintiff failed to make a case. Verdict no cause of action. Reading for plaintiff. Hopkins for defense.

Sherwood School Furniture Company vs. Union Pacific R. R. Co. Removed to United States Court on application of defendants.  Sanford for plaintiff. Clarkson & Van Schask for defense.

Edward C. Akin, Assignee of S. C. Strauss, a bankrupt, vs. Ira F. Benson. Jury waived, and cause submitted to Court. Judgment by agreement for $141.71. Phelps and Clement for plaintiff. Munn for defense.

Chansey West vs. Sam’l. O. Johnson scire facias to foreclose mortgage. Suit dismissed. Settled. Needham for complainant. Reading for defense.

John Cunnea vs. Chas. H. Goold. Suit dismissed. Settled. Jordan for plaintiff. Reading for defendant.

Daniel Comegys vs. Singleton & Williams. Continued. Hopkins for plaintiff. Jordan for defense.

Thomas S. Bowen vs. David L. Huff. Change of venue from La Salle. Jury trial. Verdict for plaintiff for $152.88. Armstrong for plaintiff.

Solomon Wright vs. Anthony Hughs. Appeal from Henry Glover, J. P. Suit brought by Wright as pathmaster to compel defendants to pay poll tax. Motion by plaintiff to change title of suit to the town of Goodfarm. Motion denied and suit dismissed.Jordan for plaintiff. Hopkins for defendant.

Geo. Martin vs. H. Woodcock and Josiah Buston. Settled and dismissed. No attorneys.

Sellick J. Nichols vs. James A. Thompson. Suit dismissed by plaintiff at his cost. Hopkins for plaintiff. No defense.

John B. Lewis vs. Cornelius Sheham. Appeal from John O’Neill, J. P. Continued. Pearro & McIlduff for plaintiff.

Azar S. Martin vs. Ira F. Benson. Appeals from J. H. Coles. Continued from want of service. Needham for plaintiff. Munn for defense.

M. K. Keller vs. John Schroder. Replevin. Jury waived and cause submitted to Court, proofs heard and decision withheld. Jordan for plaintiff. House for defense.

Wm. Scully vs. Alonzo B. Elliott. Distrain for rent. Settled and dismissed.

Wm. Scully vs. Thomas Doran. Distrain for rent. Settled and dismissed.

Sam’l. W. Kettlewell vs. Morris Book Concern. Appeal from L. P. Lott, J. P. Continued on account of absence of witnesses. Sanford for plaintiff. Hopkins for defense.

John E. McCambridge vs. James Richards and Adrian Kinley. Distrain for rent. Suit dismissed for want of prosecution.

Israel Staley vs. Adelbert B. Castle and Samuel Castle. Debt. Suit dismissed by stipulation, at defendant’s cost.

Norval Blair vs. L. B. Ray, James N. Reading and John Schroder. Replevin. Further proceedings in the case enjoined by Blair.  Hopkins, Jno. A. Hunter and Munn for plaintiff.  Needham and Hill & Debell for defense.

Freeborne Hicks vs. John McNellis & Co. Continued for service. Needham for plaintiff.

James W. Lawrence and J. D. Hill vs. John Schroder. Replevin. Suit grew out of the Blair-Reading matter and it is enjoined by the suit in Chancery of Blair vs. Reading, et al. Attorneys as in above case.

M. K. Kellar vs. Wm. Lucas. Attachment. Settled and suit dismissed. Hopkins for defense.

G T. Beebe & Co. vs. Edward R. Booth. Suit settled and dismissed. Harris for plaintiff. Needham for defense.

Alex Miller, appellant, vs. Richard Snyder. Appeal from L. P. Lott, J. P. Suit dismissed for want of prosecution. Jordan for defendant.

Cyrus A. Dirr? vs. Morris Book Concern. Appeal from L. P. Lott, by defendant.  Appeal dismissed with prosedendo to J. P. Sanford for plaintiff. Hopkins for defense.

Benj. P. Blair vs. John Schrod, appellant. Appeal from N. McBride, J. P. Replevin. Another suit growing out of the Blair-Reading litigation and enjoined by suit of Blair in Chancery. Attorneys as in other cases.

Wm. E. Lewis vs. Richard Merrin. Unlawful detainer. Jury waived and cause submitted to Court. Suit brought by Lewis as the purchaser, at a Mortgage Sale by the Administrator of one David Mathews, deceased, who in his life-time held a mortgage on Merrin’s farm. Proceedings commenced under the power of sale contained in the mortgage giving J. N. Reading power of Attorney to make the sale. The Court held that the Administrator had no right to delegate the power to a third party, and gave judgment for defendant. Reading, Needham and Hill & Debell for plaintiff. Hopkins and Harris for defense.

Mrs. Alonzo B. Elliott vs. Chas. Stevens. Replevin. Appeal from Isaac J. Marlett. Continued with alias summons.

Fred B. Hargrave vs. John F. Peck. Trespass on case on premises.  Continued. Pearre & McIlduff for plaintiff.  Harris for defendant.

Henry L. Miller vs. M. Palmateer. Judgment by default against defendant, in the sum of $428.49. Reading for plaintiff.

Lyman B. Ray vs. Norval Blair. Judgment entered up in vacation after March term, 1875. On motion of defendant the case was re-docketed and defendant allowed to plead.  The judgment to remain a lien against Blair but proceedings thereunder stayed.  Enjoined with other Blair-Reading cases.  Attorneys as in other cases.

Criminal

Nos. 1 to 13 being liquor cases brought to this court on a change of venue from La Salle county Circuit Court, were stricken from the docket, for the reason that subpoenas were issued some time before the beginning of this term of court, that the subpoenas were returned by the Sheriff of La Salle county, in almost every case with the endorsement: “The within named witnesses not found in my county”. In two cases, where the defendants had no bond and had gone to Texas he succeeded in finding all of the witnesses. It would seem from the return made by the Sheriff of La Salle county that there had been a great migration from that county since suit was instituted against three parties.

The People against David Foloy, of Minooka – two indictments; one for selling liquor without license, 13 counts, to which the defendant plead guilty, and was sentenced by the court to ten days in the county jail, and to pay a fine of $260.  The second case for selling liquor to minors, plead guilty, to two counts, and was sentenced to ten days in county jail and to pay a fine of $40.

People vs. Louis Cowell, John Walker, Wm. Comerford, Nicholas Comerford, Barney Turley, John A’Hern – larceny. The two Comerfords not arrested.  The other defendants plead guilty, and Louis Cowell, John Walker and Barney Turley were each fined in the sum of $20, and costs and sentenced to 90 days in the county jail.  Imprisonment was suspended during the good behavior of defendants.  John A’Hern sentenced to Reform School for fifteen months.  Another indictment against the same parties was rolled.

People vs. Evan Evans, selling liquor to minors.  The people’s witnesses having been subpoenaed did not appear, the cases were stricken from the docket and attachment ordered to issue for witnesses.

In the cases of the People vs. T. L. Sutton, John Monagald and Wm. Clough – selling liquor to minors.  Same order as in above case.

People vs. Elizabeth Bradley – keeping dram shop without license.  Defendant plead guilty and was sentenced to pay a fine of $40 and sent to the county jail for ten days.  Sentence entirely suspended.

People vs. John Cham – burglary.  Plea of guilty, sentenced to penitentiary for the term of one year.

The People vs. Richard Shaffer – larceny.  Plea of guilty, sentenced to one year in the penitentiary.

People vs. Henry Smith – larceny.  Plea of guilty, sentenced to the penitentiary for one year.

People vs. Conrad O. Wagner – selling liquor to minors.  Entered a plea of guilty, and sentenced to pay fine of $100.

People vs. Patrick Divine – selling liquor to minors.  Plea of guilty, and sentenced to pay a fine of $50 and ten days in the county jail.

People vs. Andrew Albert – keeping tippling house open on Sunday.  Plea of guilty, and sentenced to pay a fine of $50 and costs.

People vs. Geo. Stocker – keeping open tippling house on Sunday.  Plea of guilty, and sentenced to pay a fine of $10 and costs.

People vs. Mary Thiry – selling liquor to minors.  Stricken from the docket.

People vs. Mary Thiry – keeping open tippling house on Sunday.  Trial by Jury.  Verdict of not guilty.

People vs. Geo. Heiber – selling liquor to minors.  Plea of guilty, sentenced to pay a fine of $40 and ten days in county jail.

People vs. C. O. Wagner – selling liquor to minor.  Plea of guilty.  Sentenced to pay a fine of $25.

People vs. Aug. Burgmairs – selling liquor to minor.  Plea of guilty.  Sentenced to county jail for ten days and to pay a fine of $50.

People vs. P. Divine – selling liquor to minors, rolled.

People vs. A. Albert – selling liquor to minors.  Nolte entered.

People vs. Matilda Humble – selling liquor to minors, jury trial.  Verdict, not guilty.

Real Estate Transfers

Statement of transfers of real estate up to Monday, the 20th inst.

March 13th, Matilda Wright to Cyrenius David, sw ½ se ¼ sec 12, Nettle Creek, $75

March 13th, Cyrenius David to Charles Heacox, e ½ lot 3 in w ½ ne ¼, $100

March 13, Delia L. Lott to Geo S. Perry, part of se ½ by east and south of Mazon creek, Wauponsee, $350

March 13, McClunn & Tohman to S. M. Rogers & Geo. Smith, sw ½ lot 15, blk 16, Gardner, $400

March 13, H. K. Lovejoy to N. H. Hart, lots 3 and 4, block 3, Lovejoy’s subdivision of lot 11, Prices ad to Gardner, $250

March 13, Peter McCullech to Jonathan F. Wilson, sw ½ of the sw ¼ sec 33, town of Norman, and nw ¼ sec 4, town of Vienna, $3442.50

March 13, Samuel J. Barber to Fred Zimmerman, e 65 acres of n 1/2, se ¼ and e 15 of s ½ se ¼, Vienna, $3,050

March 13, Samuel J. Barber to Frank Walsh, w 15a n ½ se ¼ and 65a, s ½ se 1/4, Vienna, $3,450

March 13, Mathias Mitchell to Chas. Foster, 19 feet of lots 1 and 3, blk 12, Minooka, $175

March 17, Jas. Leland to Lorenzo Leland, e ½ sw ¼, Greenfield, $1,000

March 17, Gustar Jutz to Geo D. Ladd, se ¼, Greenfield, $4,000

 

Typed and submitted by Kathleen Berner Groll.

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