Show N t W A given a judgment fo YR G suit brought against M mi kellogg Eel logg Administrator for 2100 other business WED AFTERNOON bt ru fumed med session at 2 mr hite cotton mada aada a statement for the defendant corporation in the te case casa of ef W A Ys va the rio grande granas western P ry ay co the answer sets forth the classifications classifications and estimates of th tha companas comp anys engi engineer nedr are correct and that the tha contract was made with daniels and holdaway that they have done all that the contract required them to jo do they adgit owing which thoy they haio hav e always been willing willies and are nw w willing to pay mr mccullough could claim nothing that was not contained in the contract between the tha railway company and dan daa ieh ard and holdaway on the question of over haul which air mccullough claims lie he should receive pay for fer nol nothing was specia specified led in the contri contract coa tract iet in ro ros gard to te that and mr mccullough could claim nothing for that captain hanford the engineer in in charge of the tha work done at 11 eloer by mr mccullough was wag the first w witness for the def case ile he testified to the corre of the classification h hi had bad made he had bad made personal inspect tion of ef the ground before le made out his classifications there was no on the work forkner wor kner nor any oyer over hanl baul other testimony tending to show that there was no over haul baul nor sub grade on the work was introduced by the def tims mr lee on the rio grande western testified ts ap approving proviD 9 the estimates and specifications of tho cibil engineer ena ineer captain hanford was recalled he testified to examining the work with mr holdaway after it was completed mr holdaway Hel daway had bad expressed himself satisfied cati sned with the classifications and estimates the defense rested NV WA A mccullough was recalled by the tha plaintiff and testified that ca car rain ain blanford had not visited the work often while the work was waa in progress at one time mr mccullou McCali mccallough ough gh hid had asked him hica to examine the work and he had at first refused but bat finally walked ever it with him mccullough bat had not paid auy any attention to the class of work which mr mccullough had asked him to look at tuia closed the evidence evi deaca and after arguments ef counsel and a ad the instructions of judge blackburn the casa wis was g given agn to the jury court ad journel till Thurs thursday dav mor morn in ing Z at 10 forr court opened at 10 in the edse case of peter pater S trustee for ahr creditors of dunn dann at co ya vs E H 11 parsons clark eldredia Eld redga co et al forty five days to ta fill sat on motion for a new trial the jury ir ia the tha case of W A al mccullough cullough vs the tha rio eio grande western rallay railway co returned a sealed verlica verli ct finding for the plaintiff in the sum of in the suit of W S bitton Ts TB the esa es tate of thomas jarman deceased and J E booth baeth and T L jazan jaraian an adain admin craters of the estate of ef thos thoa jarman deceased demurrer to complaint oyer ruled five days day a given to anaw answer e r I 1 in D the BUU tar it ot ol alma hague vs R H dodd et al judgment ordered for plaintiff without sit hout costs the amount of the proui rory note sued for which the judgment is ordered 3 1520 and interest A jury was em paneled in the craa of james tucker vs ZI 31 elloca K Kel loss ad of the tha desits estate of J X deceased debear sed david evans is ig lq unabel for plaintiff and geo guthland Kuth land for defendant fen dant the suit guit is la rought on a prom pry for 2100 bea bearing ring int interest ints rest vrest at 10 oo 00 gilem by the late jo joha 31 drake to j M martin in juno 1890 and transferred to james teener by mr martin the c alq w was as tried ned in this court over ovar a year ako ago ana rent arc nt against the plaintiff au aa a peal was waa t ten taken en and tha ilia au preme coult reverted raver Bed the judgment of the lower court attorney evans read the complaint and mada the case jw ins n that the tha note had bim ban b im an allowed b by the amicis r tor but afterwards it haq had been disalv disa Hoed ed oil ilia tel day cf I 1 june 1990 mr drake although a man 01 means was in nees of won money 0 Y mr merlin let 1100 which h ha be had and abt biped 1000 morri more iroini big brother aad let mr air drake have tag and received h his S note notra tho j would bouli snow enow gnat t the h ea ig 1 ou on the note was wag that of A mr ar drake attorney Ai torney sutherland stated the casi for the defense the tha ques lioa of c tilt eshmal signature 1 tire un on the acte would te ba test besl f fied eata u by cape cs ts and peo pie wi ako were familiar with bi kattre of mr drake and they would testily that tha biglia signature big nature ture was not that thai of mr drake i JM IV martin wite was the fils fiina witness mr evans offered to prove r ove by bi him m that on the slat day vi of june une 1890 3 air ir drake executed the note nota and that he mr martin paid 2100 for it mr martin was not mot allowed to testify lor for the reason that he ha was tho the payas of the note and would testify to noth ing that n as not also known to the deceased probate judge J D jones testified Ged to examining the note sued udon when it was presented to tha probate court for ano allowance by the administrator he examined the signature and compared it signatures of mr drake he had seen mr drake write his hia si signature gna ture the note mote was handed to judge jones jonea by mr evans judge jones L aid laid he believed the signature was mr drakes court adjourned till 2 |