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Show JURY HILL NOT BELIEVE HART Sensation Sprung in Oneida Ditch Cases When Judge Richards Withdraws LEADING COUNSEL FOR PLAINTIFF NOT PRESENT What Outcome of the Legal Muddle Will Be Is Not Yet Apparent. BY 0. E. AE.NET, Special to The Tribune. MALAD CITY, Ida., Juno 28. In the Hart vs. Maughn case here today tho Jury refused to give judgment for $1000 nsked by plaintiff, and after forty minutes' min-utes' deliberation returned a verdict for tho defendant. Tho best Interpretation of the verdict of the jury is that Arthur Hart's testimony In Oneida county Is not believed even when under oath. In tho cases of tho Oneida Irrigation district agalnBt ho Ireland bank, and against Hart, Burpriso was sprung when Judge Richards said: "If the court please. I am confronted with a condition and tho action that I propose to tako I want to say to this court Is not the result of anything in the way of a lack of conildenco in this court, but Just the contrary. I will say to this court and to the public also that there Is not a man presiding- over any court In this state in whom .1 havo more implicit and absolute abso-lute confidence than in tho man who presides pre-sides over this court. But I was employed em-ployed by the Oneida Irrigation district on a special contract for a special purpose. pur-pose. Circumstances over which I havo no control prevent mo from rcndoiing that service. Richards Not to Blame. "I am justillcd. I think, in stating that Mr. Davis, who is now sick and not responsible re-sponsible under tho circumstances, but Mr. Davis and Mr. Gray agreed that the preparation or this caso should bo wholly in their hands and I was employed to take that preparation and help try tho case. They have not done so. At tho request of Mr. Gray 1 went to his office last week and I spent. I think, thrco days waiting for him at his special spe-cial Invitation. He was not thcro. He Ib not here. Therefore I am not In a position to render tho service that was expected of me under my employment. 1 think I fully realize as well as any lawyer in this state the responsibility that a lawyer assumes toward his client, and in taking that action I am about to lako 1 do so with slmplv ono end in view, and that is the Interests of my client. I have rendered It all tho scrvlco that I can at this time, and under these circumstances circum-stances I withdraw from these two cases as counsel for tho Onclda Irrigation district." dis-trict." Judge Standrod, representing the Ireland Ire-land bank, said: "If your honor please, I will stato that it appoars to us that there Is no ono hero to continue tho prosecution of tho case of the district against Ireland & Co. and I therefore move that It bo dismissed." Mr. Ncboker, representing Hart, said: "We have tho samo motion to make, of course, In the caso of the Onclda Irrigation Irri-gation district against Hart, but It occurs oc-curs to me that the first matter to bo disposed of Is the two motions that are now pending." Court's. Explanation. The court then remarked: "Well, I will say to you gentlemen that I called this term of court for the express ex-press purpose of having these cases tried and I made every effort to secure tho services of a judgo who resides without tho district, and I called tho Jury at a tlmo when I undurstood that one of the judges from tho ouLsldo could be present pres-ent and hear these cases. 1 consulted him before ordorlng tho Jury drawn and the judgo thought that ho could be here at that time, but unfortunately ho was unable to get away by reason of tho fact that ho Is engaged In the trial of a murder mur-der case, and regretted very much his Inability In-ability to accommodate me. I then undertook to secure tho services of Judge Walters, but through n letter I learn from him Diat his health Is somewhat j Impaired and that his condition of health is such that ho could not como I knew of no other judge that I could secure, and the time was so short that I had not time to procure tho attendance of another an-other judge, and I came here expressly for the purpose of having these oases disposed of. believing that It was in the Interest of tno district to have this litigation liti-gation ended. I am very sorry indeed that this condition has arisen, and I am satisfied that Judge "Richards would have done the best he could under the circumstances. circum-stances. I appreciate his position fully, I believe. I don't think, gentleman, that. I will net upon tho first motion for a referee, in view of tho fact that Judge Richards has withdrawn and the district is not represented. I will, however, entertain en-tertain a motion to dismiss these cases for want of prosecution and without prejudice to tho tiling of these suits again if the district so determines. Lot tho order bo made. Mr. Clerk." The future course of tho district will bo watched with more than passing Interest, In-terest, owlntr to tho wide publicity given these cases and the sympathy of the peonlo with the settlers who havo boon robbed by George C. Parkinson and Arthur Ar-thur W. Hart. |