Show DISTRICT COURT MOTION FOR NONSUIT NON SUIT IN COUCH CASE IS DENIED at the close of the arguments in the couch case saturday afternoon the court overruled the motion for a non and the defense began the introduction of testimony in support of the position that it had maintained throughout the controversy that the had tor a long time suffered with the affliction claimed to have been received the injury complained of having received by reason of his fall dr alch testified tor the defense to the effect that ha believed it a person should make he statement to him that he had fallen in ithe position which the plaintiff had described as having fallen at the time of the alleged accident and remained there the same length of time and after arising to his feet was about halt an hour walking a block and a half he would think the statement untrue after the close of dr clohe testimony a recess was taken to allow doctors coulter and powers to make an examination of the plaintiff after which dr coulter was placed on the witness stand and testified that he was acquainted quain ted with and had had experience with several cases that it was a disease and not an injury that he had examined the plaintiff but a chort time before going upon the alt ress stand and found him to be troubled with and a slight condition of atrophy to exist in a portion ot the secret organs he could not say how long the trouble of the plaintiff had been in developing but was of the opinion that it was of long standing as it did not have the appearance of being recent and nothing about it to chow that it was the result of an accident that it was not an aggravated case and would not take more than ten days or two weeks to effect a cure and further imbat it the plaintiff bad followed the occupation ot a barber the past sixteen years and during that time he had tor a number of years became intoxicated six or seven times a year and would remain that way tor a number of days at a time had danced a good deal and was given to promiscuous sexual excesses it would be in his opinion that the complaint ot the was due to these excesses and aggravated circumstances dr powers was examined on the part 0 the city and that he also had made an examination of the plaintiff ami found there a state ot to exist and from such examination he was of the opinion that the disease was ot long standing and a number of years in teaching its present that from the past habits of the plaintiff and hla occupation he would bay that abe disease waa of long standing and not contracted or brought about within the last year the case was an average one and would take probably two weeks to cure under ordinary circumstances that it the plaintiff had never suffered from the ailment before his alleged accident and was hurt in the manner in which be be was he would eay the defect aras caused from the fall and injury received by mr couch at the conclusion of dr powers testimony the court adjourned until this romang at 10 when ahe trial of the case was resumed in the district court this forenoon before convening an order was made allowing the defendant in the case of the state va chase to converse with a witness tor the state who Is now being held in the county jail by the sheriff awaiting the trial of the charge upon which the defendant is held after which the case of against the city was taken up william allason All lson was sworn and testified tor the defense as to the condition ot the sidewalk upon which the tilt claims to have been injured the length ot time it had been out of repair and tho possibility 0 a person receiving injuries passing over it he stated khatoo one had ever made any complaints to the school board on account ot the sidewalk and that it was repaired on account ot hav ing been worn away frota constant use by the school children that he had never noticed any deep or dangerous holes in the walk although ue had passed over it a good many times and had gone there for tho purpose of examining it william J H spargo joseph saunders fred halverson and II 11 IL thomas also testified for the defendant as to tho condition of the and the liability of receiving injuries from its unsafe condition mr thomas also testified as to conversation he bad with the plaintiff after he received he injuries of which he complains at the conclusion of mr thomas testimony court took a recess until 2 at the close of the court report this afternoon the defense had not finished the introduction of evidence but the case will probably be given to the jury and a verdict rendered tonight in the matter of the estate of james C hendershot deceased F J hendershot der shot was appointed administrator ana his bond fixed at an order confirming ane sale of real estate in the matter of the estate of anna K H hanson deceased was made this by judge suit for divorce has been brought by alonzo brown against his wite mary brown on the grounds of desertion |