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Hallie at Jul 20, 2020 12:20 PM

158

From District Court.

Thomas Hill, Junior, a minor of the age of 17 years, by his next friend, Thomas Hill, Senior, filed a petition in the district court this morning against Jamea Malone and William H. Palmer, wherein he alleges that on April 4th, 1891, the defendants wilfully, wunlawfully and with force did assault the plaintiff and did then and there arrest, imprison and [?] him in the city jail or calaboose of the city of Lincoln, against his will, for the space of two days and two nights from Saturday evening, April 4, 1891, at out 7:30 p. m., until Monday morning, April 6, 1891, at nine o'clock.

Plaintiff further says that said arrest and imprisonment was unreasonable, unjust, unlawful and made through malice and without any reasonable or probable cause whatsoever and without process or authority whatsoever.

Plaintiff further says that on account of said arrest and imprisonment he was deprived of his personal liberty for the time aforesaid and and prevented from going and attending to his work and in consequence whereof he lost his position and was deprived of the comforts, fellowship, society and assistance of his relatives and friends and has been brought into dishonor and public contempt and disgrace, and suffered pain of body and mind to his damage in the sum of $10,000.00, for which he prays judgment and costs of suit.

Whitney J. Marshall et al., this morning commenced an action in the district court against one Atwood, first name unknown, Jesse B. Strode and Patterson, Murphy & Company, wherein they allege that on and prior to March 23d, 1891, plaintiffs had a special ownership in one Gates stone breakers, with pulleys, belts, wire cable, screens and woodwork, and that on the 7th day of April, 1891, the defendants unlawfully tore down and removed said property without the consent of plaintiffs and destroyed the same, to the plaintiff's damage in the sum of $10,000, for which they pray judgment.

Judge Field left last evening for Chicago, but before going sustained the demurrers filed by the attorneys of Mrs. Sheedy and Monday McFarland to the first two counts of the indictments, which charged them with inspiracy to kill. The demurrers were based on the ground that they were not tried on that charge in the preliminary examination. The court had previously overruled severally motions to dismiss, to quash and a plea in abatement. The decision knocks out these counts.

The jury in the Shell-Young case returned a verdict finding in favor of plaintiff and giving him $55 damages.

In the Morrisey internecine fight, noted yesterday Judge Hall dismissed the action of the seven heirs against the three others, and found Louis Poska's mortgage on the premises was all right, and should be foreclosed. Everybody except Poska objectedm and the case will go up.

158

From District Court.

Thomas Hill, Junior, a minor of the age of 17 years, by his next friend, Thomas Hill, Senior, filed a petition in the district court this morning against Jamea Malone and William H. Palmer, wherein he alleges that on April 4th, 1891, the defendants wilfully, wunlawfully and with force did assault the plaintiff and did then and there arrest, imprison and [?] him in the city jail or calaboose of the city of Lincoln, against his will, for the space of two days and two nights from Saturday evening, April 4, 1891, at out 7:30 p. m., until Monday morning, April 6, 1891, at nine o'clock.

Plaintiff further says that said arrest and imprisonment was unreasonable, unjust, unlawful and made through malice and without any reasonable or probable cause whatsoever and without process or authority whatsoever.

Plaintiff further says that on account of said arrest and imprisonment he was deprived of his personal liberty for the time aforesaid and and prevented from going and attending to his work and in consequence whereof he lost his position and was deprived of the comforts, fellowship, society and assistance of his relatives and friends and has been brought into dishonor and public contempt and disgrace, and suffered pain of body and mind to his damage in the sum of $10,000.00, for which he prays judgment and costs of suit.

Whitney J. Marshall et al., this morning commenced an action in the district court against one Atwood, first name unknown, Jesse B. Strode and Patterson, Murphy & Company, wherein they allege that on and prior to March 23d, 1891, plaintiffs had a special ownership in one Gates stone breakers, with pulleys, belts, wire cable, screens and woodwork, and that on the 7th day of April, 1891, the defendants unlawfully tore down and removed said property without the consent of plaintiffs and destroyed the same, to the plaintiff's damage in the sum of $10,000, for which they pray judgment.

Judge Field left last evening for Chicago, but before going sustained the demurrers filed by the attorneys of Mrs. Sheedy and Monday McFarland to the first two counts of the indictments, which charged them with inspiracy to kill. The demurrers were based on the ground that they were not tried on that charge in the preliminary examination. The court had previously overruled severally motions to dismiss, to quash and a plea in abatement. The decision knocks out these counts.

The jury in the Shell-Young case returned a verdict finding in favor of plaintiff and giving him $55 damages.

In the Morrisey internecine fight, noted yesterday Judge Hall dismissed the action of the seven heirs against the three others, and found Louis Poska's mortgage on the premises was all right, and should be foreclosed. Everybody except Poska objectedm and the case will go up.