Jacksonville post., September 15, 1907, Image 2

COURT HAS
ADJOURNED
Some
Interesting Cases Were
Tried, the Facts of Which
are Found Below.
A number of cases of importance
were disposed of at the recent session
of the Circuit Court. The docket was
a long and tedious one, but only four
cases were tried. Three of these were
criminal offenses, and one an action for
damages. All were tried before the
Hon. H.K. Hanna as Circuit Judge, and
a jury of twelve men.
The first case tried was the case of
the State of Oregon vs. L. J. Reinhart.
In this case the defendant was accused
of an assault with a dangerous weapon.
The testimony disclosed that L. J. Rein­
hart, a contractor, was engaged in
erecting a building in Medford under
the supervision of an elderly architect
by the name of Isaac A. Palmer. It
appeared from the testimony that Pal­
mer was a quarrelsome old man and
that he did a great deal to annoy the
defendant, Reinhart, in the prosecution
of the work. In the month of July feel­
ing became quite bitter between the
two men and one day Palmer came to
the building and began to abuse Rein­
hart in a very insulting manner. He
called him names, which we do not like
to mention here, because we are afraid
of the statute of sending obscene mat­
ter through the mails. Reinhart en­
dured il for quite a while and finally
picked up a piece of scantling and
knocked him down. The injured man
insisted upon a prosecution in the main-
tainanee of his rights. The testimony
was submitted to the jury and the
court instructed the jury that under the
law words are not a sufficient justifica­
tion for an assault. In charging the
jury, however, the court observed that
the words spoken, while not a justifica­
tion under the lav., would probably be
more painful to a sensitive man than
the blow which was given in retaliation.
Under the law and the evidence the de­
fendant was plainly guilty, but the
state asked for an instruction to the ef­
fect that he might be found guilty of
assault and battery, if the jury believed
that the weapon used was not a dan­
gerous one. The jury deliberated a few
moments and returned a verdict against
the defendant of assault and battery
and the court imposed the minimum
line of fifty dollars.
The second case was tried Friday.
This was an action fordamages brought
by R. S. Barker against the Southern
Pacific Company by reason of the fact
that one of the Southern Pacific’s en­
gines and trains at the Voorhies cross­
ing. in March, got the best of the
plaintiff’s automobile. The plaintiff
alleged in his complaint that the de­
fendant so negligently managed its
engine and train that it approached the
crossing without giving any warning of
its approach, and as the plaintiff was
attempting to cross the railroad cross­
ing. ns was his right, and without any
fault or contributory negligence on his
part, the engine and train ran over the
automobile and smashed it up, to his
damage in the amount of $3000. His
testimony was corroborated by the tes­
timony of the girls from the Hotel
Nash, who were with him in the auto,
and they each testified that they did
n t hear the approach of the train. It
really was a miraculous escape that the
¡•eople in the automobile had. and it
would seem that they would be so glad
that Providence had favored them so
much that they Would have forgotten
about the trilling damage to the ma­
g
.---------- -
chine, which is now worth about the
proverbial thirty cents. Nevertheless,
Mr. Barker thought that he ought to be
reimbursed for his machine and brought
the action. The defendant answered
and alleged that its engine and train ap­
proached the crossing in a proper man­
Nunan-Taylor Co. offers you exceptional values in
ner after giving due signals and warn­
entirely new Fall dress fabrics:
ing of its approach, and that while it
was approaching its crossing on its
railroad track, as it had a right to do.
Repellants in Colors, 56 inches wide
:
60c yard.
the plaintiff ran into the engine with
his automobile. The gist of the ques­
Brilliantines
:
:
55c to $1.00 yard.
tion was, did the engine run into the
automobile or did the automobile run
Henriettas, 56 inches wide
:
25c yard.
into the engine? The plaintiff testified
Neat Patterns in Worsted Waislings
:
25c yard.
that he was approaching the crossing
and first saw the train when it was
New Amoskeag Ginghams.
New Percales, book fold.
about thirty feet from the crossing and
when he was about twenty feet from
New American and Simpson Prints.
the crossing. That at this time he was
going about six miles an hour and the
engine was going about forty miles an
We hive tie most o n.j.'efe assortnnt of moly
hour. There were mathematicians on
everything in Dry Goods, Ladies' and Misses Under
the jury who figured out that under
weir, Ribbons, Trimmings, be., to be found in
these circumstances, the automobile
Southern Oregon.
Our goods you will f nd always
would have hit about the middle of the
the best.
Prices the very lowest, qnlity considered.
train. The engineer told a straight­
Simples subm tted with pleasure.
H:snj a shire
forward story and also the fireman and
of your pitron age, we are very respectfully
............
one of the company’s construction su­
perintendents, who was also on the en­
gine. They testified that the engine
was running at a low rate of speed and
gave all the necessary railroad signals
upon approachi lg the crossing, and the
plaintiff used absolutely no care what­
ever on his part. This was also sub­
stantiated by he testimony of five dis­
interested witnesses who each testified
that they h ?a 1 the whistle blown and
the bell rung for the crossing. Under
the law the engineer of a train is not
compelled to stop his train at every • v. sf 12.xi.ix K-fut a» .
crossing and look up and down the wag­
The Central Point
on road to see whether or not a team is
coming, and when he sees one coming
or any other vehicle or pedestrian, he
has the right to presume that such ve­
hicle or pedestrian will stop at some
place of safety and not run up on the
train. Th? jury we”? cut only a few
minutes a id brough in a verdict for
the railroad company, as it could not
do anything else under the law and cir­
cumstances, as it was one of the most
one-sided cases ever tried in our court.
Ladies ....
Nunan-Taylor Co.
&
I JONES’ STORE
BARGAIN HOUSE
Ladies' and Mens' Furnishings S
The next thing of interest appearing
upon the docket was the case of the
State of Oregon vs.'Clara Reynolds ac­
cused of running a bawdy house in
Medford. She entered a plea of guilty
through her attorney, and the court im­
posed a fine of $10 I and costs which she
paid and left for more peaceful scenes.
In the case of the State of Oregon vs.
C. I’. Kiso, the defendant was charged
with having feloniously stolen from the
person of Hamilton Watkins the sum of
$120 in currency, of which the state was
able to identify two twenty dollar bills,
one of them by reason of the fact that
it was torn and the other because a sa­
loon keeper in Medford, who handled it,
remembered its peculiar number. The
saloon keeper in the good old days when
gambling used to be allowed, had played
craps and the number on the bill was
one designed to catch the eye of any
ardent lover of the crap game. It was
numbered 11071167, and the saloon
keeper observed as he first handled it,
that it was a very lucky one, being
numbered seven come Teven. Defend­
ant Kiso was passing in Medford under
the name of King. He is the same in­
dividual who four or five years ago got
all the saloons in Ashland to trust him
for whiskey up to the amount of his
credit and when they would not trust
him any more he prosecuted them for
running blind pigs. He, for a time,
v as in the employ of the Anti-Saloon
League of Ashland, but his actions were
so disreputable that he finally lost the
respect and confidence. not only of the
(Continued on fourth page.)
II
!! New Real Estate
• •
B
Firm ..
H i’ will noon open a real
estate office in Jacksonville
and will be pleased to hear
from anyone wishing to buy
or sell ranch or town prop­
erty. :: Houses Rented.
h
H
11
■I
h
II
0
Until we are removed to our
building on Third Street, we will
list your property at [the office of
the Post in the Lyden Building
Dunford & Overholt
Anything Sold on Commission.