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Show A CHANGE OF BILL. Civil easiness Took the Place ol Criminal Crim-inal Proodnro Today. JUIIUU ZIMS MIST TO Al IOItLi!j. Itciliicllon of lMmagri In i "ult Agalnit Iho It. (I. . Ilillirjy I .-"Ilnat. rlcil" Training of a t linen. Chief Justice Zino this morning took n hand nt civil biislne llio hearing hear-ing of molluns, etc., ooLUiylug his honor's time up till 11:10, ftiui court was adjourned until 2 p.m. Tomorrow Tomor-row criminal cases will again be taken up. Tin: AsSEfcsem uiini.li. O. II. PoUlt va V. It. Clute, awosior and collector. This waa an application for an Injunction to restrain thu collection col-lection of taxes asscssei for iirlukllug the streets In dlstttot No. 1 of this city, and the case was recently submitted on the pleadings. Ills honor now held that the defen J-ant J-ant was authorized by the charter to mnku thu assessment nnd thoreforu denied the request for an Injunction. A IMMT TO ATTUllns. In thu case of V,'. and T. Hmlth va 11. H, Williams, a domurrcr to coru-flalntlnasult coru-flalntlnasult oh n promissory note, irevlously submitted, his honor sus-tnlnod sus-tnlnod the doinurrer.'JsThe objection taken by tho defendant's counsel was that, onthofaco of thu complaint, thu plalntltls had no legal capacity to sue, In that the action was liugun In thu partnership name without elating thu full naiuoa of the parties. The court saw no reason why plain-tills, plain-tills, In filing their oomplaluts, mould not designate who they ri ally are. It was, thu udgo added, a great relaxa Hon of tho rule even to say that the tattles might be designated by their initials, lliut practice was Indulged In very much here; but U was n very badoue. Ho thought tuo christian names ought alwaja to bu given In full, ao that thcru ooul 1 bo no queitlou upou thu record In Ihe event ot thu case ever beliigcallel up again. Thu objection to thu complalut was well taken. Ten days time was allowoi In wliloh to amend. .CX8!IVK I1AHAUR8. In thu casu cf Frank jl.eakovs tho Itlo Urauda Western Hallway com-rany. com-rany. Judge Marshall argued a motion mo-tion for n now trial. The action waa brought to recover $.U,000 damages for permiil iujurlni. Thu accident occurred ou thu company's com-pany's railroad in Jllugbam caujou. 1'iatntlt! was in the act of unloading ore,aud while ao engaged a train ot cars tamo down u heavy grade without a note of warning. His leg was crushed below the knee, rendering amputation necessary, his horse waa killed, and the wagon demollihed, The Jury ou thu recent trial found for the plaintiff, awarding him 13,7oU, nud counsel now Insisted that thla was altogether excessive for the Injury sulUrod, While, he said, Juries ware naturally sympathstlo anil should be given somu rangu lu which to Indulge that sympathy, sym-pathy, still If they compared this verdict with those In ordinary cases tho excess would at ouco bo manifest. Where there was poverty on ono sldo, Juries In casea of thla kind were too apt to ruuino wealth on tho other and give extravagant damages. Judge Powers, on the part of the plalutlU. contended that tho amount awarded by trie Jury was not atal unroarqnablo In view of tho grosa carelessness exhibited by the company's com-pany's servants. The plalnllll, ho said, waa tweuly-soveu yeara of agu, aud a bright joung inou prior to tho accident, through which hu had been crippled fur life. Leake was there not an a trespasser, but pursuing his lawful calling. Bueh, he Insisted, was the criminal negligence lu this lustanro that bad tho plalntltr been kllljd ho believed an Indictment for manslaughter man-slaughter would havebild against thosa directly riicnilule. The Jury wero not aotuated by sentiment or mere sympathy, but by a feeling of Ju.tlcu towards the injured man. Therefore, thu verdict ought not to bo dlstutbed. During thu argument Judge Marshall Mar-shall remarked upou the fact that whllo the plaintiff Leako was giving evidence ou thewltnetaatand be burst tuto"a theatrlcsl lit of crylur," and suggested that that might have had soma Influence upon the feelings of tho Jury. 'How do jou know It was Iheatrl-calf" Iheatrl-calf" queried Judge Powers with an air of Indignation, either teal or assumed. as-sumed. "Well," responded Judge Marshall, with a significant look nt his Interrogator, Inter-rogator, "beoauiu 1 thlukhu haj been trained. (Laughter.) It created sympathy which would naturally work on tho feollnga or prejudice of thu Jur , and might huvu unlured Into their verdict." JudguXtnu said huwas disposed to think thu amount awarded by tho Jury was rather lilt haul oonfeaied that ho himself would have been tetter satis lied had tiny aiscmod thu damages n, $10,000. If tilts plaintiffs eotlUBo would consent to n reduction uf th amount by JJ0O0, leaving It $10,370 the verdlet might stand; otherwise ho' would grant thu defondauta a new trial. Judge Powers said Ills law partner, Ogdeu lilies, was away from the city nt prese tit, but upou Ills return they v. ouhl consider tho matter. BM-lLVJir-NT li STATIMLNT, III thu matter of thu American Publishing Pub-lishing Co. vs A. Pliher et ill. Bellle-ment Bellle-ment of i lalutltl'a statement ou motion lor a new trial. TO U1A1I TIltmsiUY. In the case of tho Pcoplu va John Hanson, charged with assault, tun defendant de-fendant was ordered to appoar aud plead on Thursday next. HI6CLI i.ANrous, B. J, Friedman vs. John A. Uroea. beek. Motion for Judgment ou thu pliadlngs an I tu itrlku out nniwcr tct for hearing nn Battir Jay, Msy Ath. Charles MnJtr vt. laylor, Jtornnry A. Armstrong Co, Mellon for re-fereneu re-fereneu continued for notice to be Uveu. Hsrmaii ltstich va Geor,-e Parlello. Ill fault. Plolnllir lloo I by tho com. plilut, which was dismissed. COUIIT NOTIB. The case of Dr. I . DoLoui;. charged with grand larceny i.wl ornieislemout, comlidedln Judgo Zaini'a eourtlitu Jeiterday atterneen. DeLom; wse arretted i.t Wonahln early In January, the mliLikeu bulli f Icing that he was "rioulng," tbo nolatloua western rol-bcr. rol-bcr. Later a charge of nmbetilluga buggy and Inrneis, vol u id at tl'JO from Louis HamLergcr, on January 30, was made ngah it him and hu was Indicted. In-dicted. Dul.ong did not deny that hu got tho buggy, but nlhgid that It was sold to hlni by William .Miller, an em-lloyo em-lloyo of Ilamberger, for doctoring horses, tho ngrecment being that hu waalo allow J1J for the same. Hut this was denied. I lilies than ten minutes min-utes thu lury fouud thu necuiod not BUlliy. C. P. Ilrown lias sworn to a complaint com-plaint against Ulbsou, Woods nnd uarry lu Commissioner Urieninau'a court, charging them with gambling. They iravn bonds lo secure their n-I n-I e.iranco for cxamluatlou when wanted. want-ed. Charles Harris, Isle town ticrk'of Newcastle, Colo., was arretted last night by Detective Ithodes upon a telegram from the Co'orado authorities elating that Harris was wanted for em-bcullng em-bcullng ubllo fuudr. It Is exfected that anolllte r will arrive from Colorado tonight to lako him back. |
