Show A VICT 0 hy I 1 for the hardworking hard working n settlers of or EAR BEAR im FER CITY 1 the jury declares no cause of action THE MORNING HERALD 19 I 1 flet oets a from tarlan and Bo TRUMON INI TO THE JORY JURY many exception to the asme an objection by rl plaintiff to the tb entering enteria En terin I 1 of the th verdict yesterday test yesterday erday morning before jude judge boreman in in the lite first district court in in thin ity the cli uie of 0 the central 1 agunik it andrew 0 ikirt an I 1 others wt was roi unie kimball aal 1 varian ar iiii for the plaintiff pitin tid and I 1 ichards end and and sik eka and l aline lins for the defence after lie the coni lution of the toti loony hi the forenoon session argument arguments were ere bg benin un mr vanan varian addressed the court murt and jury first for the tile juntiff lun tiff in a birong strong argument the gentleman called attention to anar an article upon thin thit aie which hafl ap in a local loi il newspaper thin this In morning orning afie the xii mutter ilter wan was an of tal the 31 adlich ie Is reproduced in ting thin issue ile forcibly upon the tile and intimated ted that the ilia taso forthe defence was bein plead outside of 61 tha court mr folio PI ed forthe for the defence tl fence his ilia addre sifted tile evi ei learn and was a a thorough ex position 4 the aube sir mr It ichards closed for him aide in a which A HAS was alm logical and both thiLe e gentlemen iwa vowed all responsibility forthe tor the article in in question ion stating st aitio that tile defence had no idea it atae 4 as to bo i written ritten 31 clr r klinell Klinl Kini lall ll closed for or the ilia plaintiff ii il his fio usual and nd ellet him minner manner tue the court charged cl jred the jury as follows or arit you are u I 1 have stated to yon on other occA clone the of all questions que Miona of fact in tile cae case yoa yom arc are tile judges of ilia credi bil ty of the of the weight eight of tile eni eu denro dence I 1 11 if ou on find from froin tile evidence t that list the tile were in possession of the la 1101 in question leet fon tIon at the tile time of the commencement of this ibis action or ct of mope part r of 0 it aid ana that the plain ti fr had titio title to this land your our verdict must 1 axt for the tho A verdict jn tint that cat cape cate e would to bo tholo mho lioverne li overe ere found in kovs 11 lon at the tile time of tho ilia commencement bt of this action in this case there is is evidence tending in to that the linda lands la in controvert trover y ire are within the file boun dAric dArlea ol 01 7 township 10 north of rang range e two ivert aci t and cast of lota lots 3 and 8 in the little section tha the lite vs A eat est boundary line of th osecion ie is ninety two rode rods cast of tho the sald BA id vest est boundary line ae as shown by the plat of the ilia government jio eminent survey of 1850 bile the plaintiff conte contends ads that hat the lie true west eel line ioe ie is as 48 allovio by mid said plat IN you on are instructed that the pre pro is that the government plat ie Is correct cor reLt and the burdan burden of proof is upon tho the defend ints tilts to establish by preponderating evidence that the line i is ae as claimed by them it if you find from tile evidence that hat the true is as shown by the government put plat you will ill find for tho the each of alie defendant fi ae as are ro shown by the evidence ev hence to he ho ili in 1 of any part of 0 the land 1 8 in controversy HI at dato data of suit to tot t august oth 1886 I 1 iff it you find for plaintiff you will ite its damages in the own of SO as a by the Ans vier no nd private survey can control or r channe ang the lines et ei babli tabli abed hy by the ilia mineye Mi reye and evidence ot of ie lit only to be consid creal ita a view vie to determine where tile lines ai hed by the gov pacey o 0 aittia lly arf are that is 1 to gay a surls 1 evid evidence enco is a only to lie ile roc ived for the tile of determining dt abere liere the government corners and anti linen lines really are such evil evidence enve tl Is not but ie Is to be with ull all tile other evidence ei denie in lit the cae on bo bogli ill lides tides for the lite corpo o 0 o atam the tile patent agent of the mated states for Ilia he plaintiff introduced in eld evide qt ot fall fallan arld corn co nete title to lits in and cannot bo be que tinned in alila if therefore tho the de fand ints or any of them nere were in ill xion of any of raid sald linde lands at I 1 date of suit tile plaint liT mait t recover the tile pop assion 1 against the defendants bo in in the burden of proof is on the plaintiff and it cannot iannot recover unless it shows that it la is the owner of and entitled Ii titled to the possession of tile prop ft y and that the same is from roul ft it by bi the defend defendants an is it y you find from the evidence that the oelan landa dein in depute have hae been I 1 jy ly wl by the united stul states I 1 that at that time survey monument monuments k 1 A t d V e 11 4 I 1 1 I 1 astow A 6 I 1 a 1 1 wen were erected along the external lines of if the tile sections township e and anti range a and nd that some of the original then ill nientai its are still standing in place then I 1 charge you that the lines thus actually run and marked upon the ground by the original surveyor are the true external boundaries of tile sections and of their boundaries that the original monuments are pres evidence of the lines originally run illicit aich are the true boundaries of the tract surveyed whether hey they correspond with the plat and the filed notes of the surveyor or not courses distances and quantities must yield to the monuments and marks erected or proved by the original surveyor as indicating the lines run by him if you find that there are original monuments standing at the northwest c kt and northeast cornera corners of section 0 at the northeast and southeast cornera corners of section 7 and at the tile southwest est corner of ill the a southeast quarter of section 7 which is called the half corner in township 10 north of range 2 apati and that there are original orl gina monuments bunding standing at the north w went e 4 and southwest corners of section 7 then I 1 charge you that the west est line of section 0 and 7 which ie is the tile range line may be ascertained and determined as follows by running a line southerly from the monument at the northwest nor thweat corner of section be tion 6 called the sandbank corner to other original monument monuments situated along said laid range line and I 1 further charee charge you that if the plaintiff haa has not established said lines or if it the tile evidence introduced is fit insufficient to enable you to determine their true position then you must find ind for the the plaintiff must show allow that it was the to the poss eion at the time the puit suit was war and ano 1 thit that th it it is still the owner and entitled to the ilia possession or it cannot reV reviver reid dver vcr the section wae wait not commenced till auguet august OIL 1880 1886 and the file fact that the alleges thit it was the owner in april 1886 is not con tr oling itma it mu t show alie right at alie lime time the was commenced august oth 1880 you are re in that there I 1 it no question here to for you to decide as to this action being properly brought tile ei evidence dence taken upon question was ans for the lite court and lias has been passed u upon pon by it with that evidence you have nothing to 9 do if you believe any of these defendants occupied uny tiny of this land in dio dispute by consent ol 01 the plaintiff by his tacit permission penni wion then of course as an to euch such person you would find for ta defendant tile statute of our territory an authorizes th the jury to find a general mid and a special verdict sometimes a general verdict only and it alao also says that wilen the jury find in a case like this a general verd verdict let the court nuy inay instruct them also to find upon questions submitted to them in ili writing questions quest ions of fact submitted in writing the tile follo following ing questions I 1 bare been requested to submit to you in writing and the jury can give the aufa ats to them in writing in each case billere here follow the questions which nith ith their tin ir art answers will mill he 1 found in irk the verdict of the jury juryj 1 I want toute to to you gentlemen that my inv attention has been failed called to an lin article attile thit that has appe appeared arad in a newspaper in thin city this mornings mor ninga a pa published in your city I 1 wish to call your attention to the ilia fact hat that your oaths oattis require you to decide this case according to ilia law and anti ilia evidence this tills article artile has haft fought to try the caw case outside of the ilia court it ie is pot a an way to proceed and it ie is due to the ho cournand cour court Fand ana due to you that I 1 should call your attention to the matter whenever a case Is ought sought to bo he tried outside 0 of the courtroom tho the public press while it is being tried in court it ie is al ways looked and looked apon as als dishonorable and no paper of any respectability tabi lity will alow allow it in its columns and no juror ought to allow himself to be influenced one way or the other in favor of any friend or against any enemy by anything that Is 16 established on tho the outside out eldo whether it I 1 be in a newspaper new or anat anything hi ita else I 1 wanted to call your attention to thi thil fact because it it a scandalous si ind loun anti and disreputable a proceeding and I 1 dont like to gee see it and I 1 think when it ie is proceeded with in that way ay the tile court courts will ill have to fettle tile it ill in borne some chape shape or other it ought not to be allowed but so tr far as this case ie in we cannot ai a a eye ay control it the article woula indicate that hat ilia author trae taking a special interest Inte iest in this case and m WAS As somewhat acquainted with legal matters mattern whether the editor ie is adoor or not I 1 dont know hut iut it he is not he lie ia allow ing his columns lobou to ih aed adfor for a I auti puti purple xe that no respectable a fili be allowed to do to and no jury should allow itself to bo be influenced fluen ced in one way tray or another by any such sucher artiles tules the jury then retired mr M r cheeks addressed the thel court in ili this caw case I 1 desire to take exceptions to the he instructions 0 to o all the instruct ti tiona ons aj 4 S given by tho coutt I 1 alao 1 desire to except ta to the ilia feet thattie that alie court caned called the tile attention 0 of the 04 jury to any newspaper iper article and cs es specially ally to that part of it aich would evem wern to imply that the article was wait written ritten A by some attorney connected with this euit suit also I 1 object to any inference ae as I 1 take it which misfit might bo be drawn from the lalI language guage of the court that some attorney connected with the tile case had teen been instrumental in ili trying the paso ili the ilia public press or by the public pless mr venan varian we except to each and every of the instructions as given I 1 by the court 11 the court mr reporter both ride aides except to all the ili e 1 1 court to bailiff bring the jury in again the jury came into court and an 1 her after being called tile court them AS follows gentlemen I 1 called you back fur for the tile purpose of stating eta tuie thit that in in taking exceptions to the tile tion of the court one of the tile attorneys att ornea intimated that some of my remarks might indicate to the jury that it was imputing the tile writing of that article to one of the attorneys in in the case I 1 anted wanted to call ou on back for that purpose to tell vou YOU that that waa not my intention to convey any such idea I 1 did bot intend to indicate by my rent remarks arks any buch such idea that the writer wae was an attorney in the suit A juror we U e so understand it your honor that it referred to any attorney in tile case 11 tile coart 1 I so understand it but I 1 thought from counsel s remark that pos ably you ou might so understand der stand it the jury retired again and after being out ono one hour came into court with aith a verdict after calling the names of the jury the clerk eaid said gentlemen of the jury hire hare you agreed upon jour your verdict 9 the foreman sir graffic wo have clerk mease announce it foreman we the jury nelld and worn in tho the above a entitled action find in favor of the tile defendant fen aalt no cause of action and the questions riven given us to aniber lot who was the owner of the land in in controvert cont controversy rovers the land described in tile complaint in april jath I 1 wo we answer we the jory jury do not know and 2nd 2 who was the owner of the lund land described in the complaint at the tile of this action 2nd we e the jury do not know ard 3rd hii 4 now tile owner of the ilia land described in in the complaint ard ia e the jury do not know ath who wa 4 i entitle entitled 1 to the possession of the land described in the tile on april 1830 eth we the jury do not know zith who vaa was entitled to tile a don adon of the tile land describe I 1 antho in alie complaint at the commencement of this action ach we tile jury d do a not know kno w ith th who is now entitled to the possession posses a 0 the land described in the tile cimpl aint ath vie we the tile jury do not know I 1 were the defendants or any of them in poss eRion of the land ian do described in the complaint or if an any y of them on april lath 1896 18 or at the tile commencement commena ement of thil this action it so state what defendant an ant I 1 what portion of lite lau id they were in in pines sion slon of ath we the jury do not know atu are there now and ere there fences on the landi in dispute at tha commencement of this action and on tho ilia lath of april if so 90 aa by whom lite kenw were erected and for what burp purpose ie esth we tho the pry do not know the tile court gentlemen of the jury we are about through with the tile labom now and 40 1 I want to aay say to you ou that I 1 have never met a better cla clase claa A of jurors anywhere not only you oa but the other jurors that were discharged diw din harod tilie this doming morning you are now no dis clial zed tor for the tria term juror we thank your our honor for he the compliment mr kimball 1 I object to td having till this verdict entered upon tat uit statement from the jury the tho special verdicts verdic te nullify the general verdict and we aak ask that your honor give directions now that no judgment hall shall be entered until wo we cin cn be heard court well that will have to be heard not next week the objection will bo be heard next week ier Ito kalapp lapp the general verdict ami to the effect that th it the tile j jury u 17 find a it verdict tor for the defendant defenda nl and we object to having that not riot erf entered erod court COO conot no to not ilia konefal verdict let it he be in that way lie the special verdict |