The district court will come to a close Saturday evening with only two jury cases to its credit is tried, that of Umpleby & Verdin vs. H. E. Binkley which consumed the greater part of the jury part of the term. This case went to the jury Monday night and it is said that on the first ballot it stood 7 to 5 for the plaintiff and after thirty-six hours deliberation the jury still stood seven to five and were discharged.
The plaintiff in this case seek to recover of the defendant the value of a number of loads of hay which they claim was spoiled when sold to them. The defendant claims that the hay was in good condition when shipped and if spoiled it was after the shipment. The case was stubbornly fought and involves a large amount of costs. It is said that the five wanted to give Mr. Binkley $315, the amount of his counter claim, while the seven wanted to give plaintiffs a verdict for about half of what they claimed.
Secret weddings seem to be coming into vogue with Cherokee people. This time it is Mr. John T. Main and Miss Leia Mae Ireland, both of Cherokee, who are the high contracting parties.
Knowing that the parents on both sides would oppose such a line of procedure, especially owing to the youthful character of the bride but would not oppose the marriage itself. This young couple decided several months ago to get married secretly. All of John's friends knew of late that his attachment for Miss Ireland amounted to a devotion, but did not believe that the rumor of some months ago had any foundation in fact.
Romance is not all written by professionals. However, we congratulate the young couple in this happy event and wish them all kinds of happiness and success.
The Times extends heartiest wishes for bride's happiness as for several years she was a valued member of its force.
Although almost a year of litigation and more than a week of district court action have already figured in the case brought by the state against Thomas E. Smith, conclusion has not yet been reached.
After a trial jury panel convicted Smith on cattle theft charges Tuesday afternoon, Judge W. C. Garberson granted 15 days for objections and exceptions to instructions of court and to move for a new trial.
To Supreme Court
If granted, new trial will be conducted in district court. "If not granted, Marvin Miller, attorney for the defense said Wednesday, "the case will be appealed to the supreme court."
Jury panel selected March 25 to hear the first jury case this term and the only criminal case scheduled, deliberated less than two hours before returning their verdict at 1:40 Tuesday afternoon.
Five witnesses appeared during the first five days' session for the plaintiff and seven for the defendant. After a week end recess which lasted from Friday night to Monday morning, rebuttal was begun.
Two state witnesses, William Siegel, complaining witness, and Sheriff A. N. Tilton, were recalled for further testimony in rebuttal. The state also presented one new witness, Mrs. Orin Kelly, wife of one of the earlier witnesses.
Closing arguments consumed all day Monday and about one hour of Tuesday morning's session. The case was given to the jury panel at 10:15 o'clock Tuesday morning.
Before giving the case to the jury, Judge Garberson directed a verdict for dismissal of the indictment against Elmar Carlson, who was accused with his father-in-law of cattle theft.
Judge Garberson passed no sentence on Smith after conviction was returned by the jury, instead, he announced the 15 days for objections, exception and move for a new trial.
Case began April 6, 1934, when Siegel reported theft of his cattle and Smith was arrested by Sheriff Tilton. The case was heard first in court of justice of the peace and later Smith and Carlson were indicted by grand jury.
Educational, Scholarship Funds on List of Benefactors
The will of the late Ethel Gund, 72, prominent Marcus woman killed in the recent Tell City, Ind. Airliner tragedy, was filed here Tuesday.
The bequests include numerous legacies to charitable and religious organizations throughout Northwest Iowa, Nebraska and Minnesota.
Among major bequests was the sum of $75,000 to the town of Marcus for the purpose of erecting and equipping a public library there.
That specific bequest directs that at least two-thirds of the $75,000 be used by the town of Marcus for erection of the library building and the balance for library equipment.
If any amount remains of the $75,000, after the library building has been constructed and equipped at Marcus, it will be used for library running expenses until the sum is exhauster.
A Gund Memorial
The building will be known as the W. L. Gund Memorial Library Building.
The will also states that Mrs. Gund, after making a number of bequests to persons, gives devises and bequests to a trustee $5,000.
That amount and the net income from there will be paid to the valedictorian of the Marcus graduating class.
It has been entitled The W. L. Gund Educational Trust.
Among the other bequests are the following:
Peace Lutheran Church, Marcus, $500; Faith Evangelical Lutheran Church, Marcus, $500; Methodist Church, Marcus, $500; Holy Name Catholic Church, Marcus, $500; St. George's Episcopal church, LeMars, $500; Masonic Lodge of Marcus, $500.
Also to P.E.O. Sisterhood Home, Mt. Pleasant, Ia., $500; Sioux City Branch of the Salvation Army, $500; Fr. Flannagan's Boys Home, Boys Town, Neb., $500; Shriners Home for Crippled Children, Minneapolis, $500; Burning Bush Chapter 90, R.A.M., Cherokee, $500; Crusade Commandery 39, K. T., Cherokee, $500; Wall Street Mission, Sioux City, $500; American Cancer Society, $500.
The will further states that the rest, residue and remainder of the assets in the estate be devised and bequeathed to a trustee. The trust will be known as "The William L. and Ethel Gund Memorial Fund."
Purpose of that trust is to provide funds in whole or in part for needy persons of both sexes who may desire to secure a high school or college education or a trade technical or professional education.
Preference on Loans
The will also provides that, other conditions being equal, the students applying for aid from the Marcus Independent School District or its successor, if any, shall have preference in securing loans.
Mrs. Gund's will also contains a provision that any loans made out of the trust funds shall not bear interest if such are paid when due. In case of default, the loan would then bear interest at 5 percent.
In still another section of the will $7,500 is bequeathed to Hoyne H. Platt, Ames, as trustee to provide scholarships for five years in the amount of $1,500 annually.
That fund is to be knows as the "W. L. and Ethel Gund Scholarship Fund."
Platt, vice-president of Iowa State University, is executor of the will.
Witnesses to the will are listed as attorney Lester C. Ary, June V. Still and Phyllis Pixler.
The Gunds were well known residents of this county. W. L. Gund died about four years ago.
A native of Alton, Mrs. Gund had resided in Marcus some 50 years. She was renowned for her active interest in community affairs there. She served some 25 years on the Marcus Board of Education.
Mrs. Gund was en route to Miami, Fla., when the Northwest Airlines turbo jet in which she was one of 63 passengers exploded and crashed in southern Indiana. All
April 1 is the day of reckoning for area residents who failed to pay their winter utility bills.
Because of a bill enacted by the Iowa Legislature last year, utility customers eligible for winter energy assistance or weatherization assistance were protected from service shut-offs from Nov. 1 to April 1.
To avoid disconnection for overdue utility bills, these customers must contact their utility company to set up a payment agreement by April 1.
Area Iowa Public Service customers without an agreement will be disconnected April 2, Manager Bernie Kult said. "Most of them have been notified by letter," he said. "We have sent these people notices since the first of the year to come in and make some type of payment."
Wayne Woolridge, manager of the Iowa Electric Light and Power Company in Cherokee, said IE customers who have made no provisions to pay their overdue bills will be disconnected throughout the month of April, depending on their billing cycle.
As far as how many customers will be affected, Wooldridge said, "I don't think we are that bad." Many already have entered into payment agreement, he said. The average bill for the customers is about $400, he said.
Kult said there were "quite a few" IPS customers with payment due. Only about 14, however, are "real serious," meaning the customer has paid little or nothing since November and now face debts up to $1,000, Kult said.
"A lot of them get on this moratorium, or leave of payment, and make no attempt to pay their bill," he said. "There are those that just totally ignore their bill."
Customers who have not defaulted on a payment, agreement in the past are entitled to an agreement to repay the back amount over a minimum of 12 months.
If a person has previously defaulted on an agreement, they may request a payment plan which would stretch payments over at least seven months.
The payment installments are due in addition to the customer's regular bill, so many customers will find themselves paying double their regular bill. Any late-payment penalties incurred during the winter months are also included in the payment plan.
If the customer defaults on the agreement, the utility company can disconnect service.
"We try to work with them," Kult said. "If they would make any attempt during the winter months to pay on these bills, they wouldn't be in this predicament."
Customers unable to work out an agreement with their utility company may contact the Legal Services Corp. of Iowa, 520 Nebraska St., 215 Commerce Building, Sioux City, Iowa 51101 or call toll-free 1-800-352-0017.