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TRAVERSE CITY, MICH., .! AN r AIO 25, 1901.CIRCUIT COURT THIS WEEKOPENED MONDAY AFTERNOON AY ITU FEW C ASESDan (}»*nrge Will lit* Tried Attain ThinTrrm—AyleHworili Paid #35 Fine — ( Action Against Henry Map.** Prosed.and Pitehin » rotser for the defendant. The court reserved deeisio(FROM WEDNESDAY'S DATI.Y.)Dan George will probably remain in jail another three months and await another trial, as a result of the jury in his case failing to agree to a verdict. The final disagreement was reported upon convening of court this morning aud Judge Mayne discharged the jury in disgust. The jury was(FROM MONDAY’S DAILY )The circuit court convene . promptly at one o’clock this afternoon, Judge Mayne on the bench. A formal call of the calendar was made and nearly all the cases marked ready for trial, i Dan George, charged with assault with intent to commit mu. tier, and a second count to do great bodily harm less than murder, was arraigned. He stood mute and a plea of not guilty was entered by order of the court.Reuben Aylesworth. charged with“hung up” by just one v Re, admittedby the other members of th' jury to have been that of t\ A. Edgccouib.When after the supper hour last evening the jury reported that it stood ten to two, Judge Mayne asked theehased about $800 worth of lumber of the plaintiff, but refused to accept claiming it was not according to contract specifications. Sands Maxwell sue for the amount.The case promises to be hotly contested. The plaintiff is represented by Mark Norris, of Grand Rapids and P. C. Giloert and the defendant by Pratt Davis and Patchin Crotser.Messrs. Case Crotser, of Kingsley, as members of the Kelley Lumber Co. are both present, and the trial is attracting the attention of lumbermen generally.Prosecuting Attorney Pratt is in the jury if there was any point in the hopes to have Dan George 3 re-trialevidence upon which it desired inter- p^fent__t“ ofniation. The foreman asked if the railroad spike which was displayedit would be more economical to try the case now than to keep George in jail three months longer.The boys, Henry Mapes and Fred Willett, were rearrested this afternoon 0 and taken before Justice Brown, t When Willett, who had pleaded guilty tand George’s ring to which defensemade reference as having cut Conductor Devine’s head open, were partsof the testimony. The court explained that the railroad spike was similarto the one supposed to hnve been used jn circuit court to breaking into a :n the assault but was not the original house in the daytime, was placed on ft assail it Vv ith intent to do great bodily and did not enter into the testimony, the stand in the trial of Mapes this ft harm less than murder, was arraigned. The ring was not placed in evidence. mCrning he claimed the door of the a i By direction of his attorney, P. C. Gil- the judge explained. | building where the theft occurred was glicit, he stood mute and a plea of not ! The jury withdrew, returning again not open. This changed the offense to i guilt.* was entered by order of the at 9:30 with the ; nnouncement that one of larceny from a dwelling and o court. I it stood then 11 to 1. Judge Mayne the case upon being nolle pros’t by yFord Willett and Henry Mapes. :Sent them out to remain all night and Mr. Pratt led to the arrest of both s charged with larceny from a dwelling, with the admonition that the case boys on the larceny charge. Willett p were arraigned. To this charge Ford had cost th; countv considerable to Willett pleade-d guilty, and Henry try and the jury Mould agree if pos-Mapes not gir.lty. jsible. Mr. SJgccoL b wanted a verdict will probably plead guilty at the pres-The case of the People vs. Dan fQi simple usault ano battery and all ent term of court.George, Fred H. Pratt, for the people, efforts to win 1 re over to a verdict of -and Patchin lt;^rot-er for the Vt’end- guilty to the graver offense of assault ant, was then called for trial. Af- with intent to to great bodily harm ter exhausting nearly the entire list wore unavailing. In his charge yes-of the regular jurors, either for cause terday afternoon Judge Mayne elim-or by permentory challenges a jury was mated the count charging assault with secured as follows: intent to murder.Vincent Goff, jr., James Swaney, George will be held for a new tiial Wm. Dexter, C. H. Peck, Thos. Robert at the spring term and is back in his son, Joseph Homrich. B. F. T-acy, E. old place at the counlv jail.E. Maynard, Frank W. Smith, .1. W. i -Gr-en. KreJ Dump, Chari-: A. nigc-j' Tiie trial of Reuben Aylesworth,n.i. . . ... ... . , . , . At an early hour last Fridav Dr. W. ir•!'*». charged with assault with inUmt to do JAfter the jury was swoin Prosecut-had turned state’s evidence. Both cboys waived examination. Willett ilt;! VT.VL Si All LI T FEVERYount; Man of 1-VA fatal case of scarlet fever occurred ° early Friday morning in Fern wood. a 1S young man by ihe name of Henry Nause being the victim. The case is a sad one, inasmuch as it is claimed that be- H cause of the family’s poverty they were \ unable to secure medical attendance. plt;ing Attorney Pratt stated the case. George is charged with an attempt to murder Arthur Devine, a conductor on the Pere Marquette railroad, at. Williamsburg last October. Mr. De-vine was called as the first witness, and the testimony is being taken ingreat bodily harm upon Wm. Saxton, has occupied the attentio* of the circuit eouit today. Saxton claims thatS. Moon was interviewed by the dead d; man’s brother. He said that his brother was very low, confessed his si. , ., , „ » • ■ u,„ inability to pay a doctor’s fee but beg-A vies worth, to wnom he is a neighbor Jged the physiean to see the unfortu-near Interlochen, early in October bought a hog on the Avleswovth farm but made his purchase of Mrs. Ayles-nate man. When Dr. Moon arrived at the squalid homo death had precededthe case., ii! him. He notified Coroner Chase and worth. Avlesworth when he learned cithe coroner found that tne nmn had(FROM TUESDAY'S DAILY.)The case against Dan George, charg-of the transaction vowed Saxton shouldnot have the hog. Saxton went to the, ., p , .. „ , „ _ . ill almost a week, but the- family hadTeswoith farm for it and was met „ _ 01died from scarlet fever. He had been«1 with assault to do great bodily byAylesworth. 0no word brought «*•*» t0 eare (or him havlnS brought h,7 - - - 1 ^ . 1 4 . I. ^ ' IX rx X- f tr. XI r* rr/Mfl L x 4 , » 1 »»rx 11 rrl. nharm, and a second count charging bodily harm less than the crime ofon another and Saxton claims Ayles-rorth threw a beetle at him. Saxtonmurder, went to jury thu- afternoon. war(,C(J off the flying beelIe wilh -nia George put only two it,losses on the hands the beotlp striking hira a t.llpstand for the defense ir.s wife and father. The defense attempted to show by them that when George arrived home the nigfit of b assault his head mi face were overed with blood as result, ue saicL of m encounter ' h Conductor l)e\ c at Angell. a ere-s examination both witnesses testified bat George wentthe next younger brother through similar attack. The coroner consider- j ed an inquest unnecessary and the remains were turned over to Undertaker Anderson for burial. The young mantlatFAVORS FIXED SALARYon one of his hands. Then Saxton it is claimed, threw a double-edged v,tls ^ ears ae-axe at him. Saxton still remained, out when Aylesworth, by thin time thoroughly enraged, went into the house and came out with a revolver and or dered Saxton off his premises he got.Aylesworth for the defense claimeddlt;It p HaRep. Hastings, who was home for er Sunday, expressed an opinion Sat-that he was afraid of Saxton and urday in favor of the passage of the t(,to bed without his wounds being are* picketI up the bcetle to guard hi3 face pending bill calling for a submissioned or a doctor be mg called.The witnesses for the people pu„ in their testimony yesterday afternoon. Conductor Devine being the first wi» ness. He testified tliat upon the morn ing of the assault. Oct. 2, George boarded his train at Elk Rapids and re-bitlfrom his kick. Aylesworth then to the people of a constitutional amend-elaims Saxton seized a club when ment fixing salaries of legisla-Aj leswoi’th threw the stone at hira. tors at a fixed amount. T heHe went in he house, got lrs revolver original bill called for $1,000 a band ordered Suxfon and his sou off year. This was amended in committeehis premises to $750, and so reported to the house. 0lt;P. C. Gilbert appeared for the de- amendment was then offered re- OJfused to pay his fare. He put him off f , prnRP,-.utor pro.ti for the ducing the fixed amount to $600. Rep.,t Angel). Durii.g the Tie Georges .p”Sp*e Hastings takes the view that a rtxed ®The case went to the jury shortly salarJ would lead to more business-after three o’clock. The larceny case lit;e sessions, and, should there heagain* llenry Mapes was then taken oxtra sessions, wouid be cheaper toup. Mapes is accused of stealing stuff *be state than the per diem and mile-age system now in vogue. The measure before the house provides that thehead went through a window, causing bicod to flow. Tie testified that the assault upon him three hours and a half afterwards at vYillirmsbiirg wasmade while he was assisting a woman from a boat house at Long Lake to alight from his train.Wm. Miller, the hrakeman, testified to seeing the assault made at Williamsburg by George. Ernest Vecey, the finman of the train, stated that he heard George sa after the assault he wo ild “get ever*’’ with Devine h ne ever met him in Traverse Cit [r\ nit. Holdsworth testified character of the wound. He testtfu that the wound ouki not have been made by an iron ring, which the defense endeavored to prove was on George’s hand at the time of the assault.fapartner, Fred Willett pleaded guilty.m,OM tui ksuay’s nui.v.) *750 ’ hal1 mclude expense andwill do away with allowance for mile-Shcrtlv after 5 o’clock last evening the jury in the case against Reuben Rep. Hastings sas the resolution Aylesworth, charged with assault with has met with gorae opposition from intent to do great bodily harm upon rural members, but that the upper Wm. Saxton, brought Aylesworth in peninsuia delegation and those farth-guilty of assault only. This morning est from Lan£ing and therefore draw-Judge Mayne sentenced Aylesworth to ing more for mileage, are oddly pay a fine of $35 within an hour, or go enough the most in favor of it. to jail for sixty days. Aylesworth Rep Hastings thinks, too, a stated iiad the money ready in less than an amoUnt of pay for legislators would ad-hour.The case against Henry Mapes,vance the individual standing of members and that the Lest class of men would go to the legislature.The arguments and judge’s charge ! charged with breaking into a building occupied the morning’s session of in the d ytime, came to a sudden ter viRK. .1AR\ WILHELM DE.YI ! court. J. W. Patchin. for the defense, ruination in court this morning. —endeavored to show that the offense Mapes. along with Fred Willett, wasjwas nothing more than an assault and accused of breaking into, a dwellingI battery Prosecuting Attorney Pratt , belonging to Louis Cornell, on ihe in closing spoke of the sympathy that shores of Green Lake, and stealing was evidently being aroused for seme goods therefrom. Ford Willett George by the presence of his wife had pleaded guilty to the charge.and white haired father in court and contended that justice and net sm pathy should control the jur\ ’s verdict. At 4:30 the jury was stiil considering its verdict.Willett was placed on the stand this morning and his answer? so far failing to mane a case against Mapes for robbery. Prosecuting Attorney Piatt asked that the criminal action be nolle pros’t.Moth, r of 1’ron.iuont C ili/.c - jh»lt;: Ol : »1.1. . t i Kpir .1 Sain - .layMrs. Mary Wiihelra, widow of the late John Wilhelm, died at 1:40 o'clock Saturday afternoon at the family residence. 420 S. Union street. Deceased was born in Bohemia and was 81 years of age. Emigrating to New York state when quite young she and her husband came nere in 1859, set tling upon a farm in Garfield township where they resided until a few
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Traverse City Bay Eagle
Traverse City, Michigan, US
Fri, Jan 25, 1901
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Kathy W.
USA 03 Feb 2025
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