Defendant Must Pay For Water

Judgement for Plaintiffs in Sum of $800 for Water Rental for Four Years—Defendant Claimed Perpetual Water Right Without Compensation for His Land.

Judge Stewart yesterday rendered a decision in the case of Joseph Perrault and R.Z. Johnson vs. Enos C. Walling, wherein the plaintiffs sought to recover the value of delivering water to the defendant from the plaintiffs’ irrigating ditch during the years 1902 to 1905 inclusive. The parties in the case entered into a stipulation that a reasonable charge for said water is $2 an inch and the evidence showed that 100 inches had been used by the defendant annually during the past four years. The court decided that “plaintiffs are entitled to recover from the defendant the sum of $800, being a reasonable and fair charge for the rental of said water during the period named.”

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Aged Main Fails to Obtain Sum Alleged Due From Daughter

Jesse Walling Hears Court Rule That Case Can Proceed No Further.

Again Jesse W. Walling, an old man past 80 years of age, has failed in his effort to collect from his daughter, Lizzie Elbert, and her husband, Harvey Elbert, the sum of $1820 which he alleges they defrauded him out of in a land transaction. Feeble and alone, with his hair streaming down over his shoulders, he sat in Judge Bert Linn’s court today and heard the court rule that his case could go no further.

Judge Linn, before whom the case has been heard for the last two days, took it from the jury and ordered a continuance. In withdrawing the case Judge Linn ruled that a motion for dismissal would be granted, unless counsel for the plaintiff wished for a continuance in which to formulate an amended complaint. The continuance was taken.

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Doctor Gets No Pay For Service

A verdict for $472 was brought in by a jury in Superior Judge Huneke’s court Monday for Jesse W. Walling, aged 82, in the latter’s suit against Dr. J.A. Born. This was the second trial of the case, and the verdict was practically the same as the one brought in for Mr. Walling at the former hearing.

Walling declared that Dr. Born agreed not to charge him anything for treatment if he failed to cure him, but that afterward he took a check for $575 from him and refused to return any of it, although he had not made him better.

Dr. Born testified that Walling owed him $662 for his bill, saying that, in addition to giving the old man treatment, he had advanced him $102. The jury allowed nothing for the treatment in its verdict, but reimbursed the doctor for the money advanced.

Source: Spokane Chronicle, October 19, 1915.

Unable to Prove Property Hidden

Because of the plaintiff’s inability to provide that Dr. J.A. Born or his associate, Dr. Mary Oliver, were concealing any of Born’s property and refusing to apply it to a judgement secured against him by Jesse W. Walling some time ago, Presiding Judge Blake of the superior court today dismissed an injunction forbidding Dr. Born or Dr. Oliver from disposing of any of the property of the former.

Walling was given a verdict by a jury in Judge Huneke’s court for the recovery of about $500 from Dr. Born on a check which Walling claimed the doctor took from him while acting as his physician and refused to return.

Source: Spokane Chronicle, December 27, 1915.

Jesse W. Walling May Not Collect

Judge Clifford of Tacoma Grants Dr. J.A. Born Another Trial.

A new trail of the case brought by Jesse W. Walling against Dr. J.A. Born to recover $575 which he declared he had given the physician to hold in trust form him, was granted today by Superior Judge M.L. Clifford of Tacoma, who presided over the trial here.

Judge Clifford declared that the verdict for the plaintiff was against the weight of evidence in the case, which was plainly to the effect that the money had been paid for the physician’s services. Word of the decision was received here today by Attorney George M. Sommer, who represented the defendant.

Source: Spokane Chronicle, April 22, 1915.

He Gets Verdict Against Doctor

Jesse W. Walling was granted a verdict yesterday against Dr. J.A. Born by a jury in Superior Court Judge Clifford’s court yesterday evening for $575, which Walling declared he had given the physician with the understanding that it was for a place in an institution. The doctor, who contended the money was for services, was allowed a counter claim for $102.50, which he testified he had paid out for the plaintiff.

Source: Spokane Chronicle, March 26, 1915.

Woman Will Return To First Husband

Grand Jury Returns Not True Bill in Polygamy Charge; to Annul Second Marriage.

Helen Toews, 20 years ago, will return to her first husband as the result of the action of the grand jury yesterday in returning a not true bill in her case on a charge of polygamy. She was married some years ago to Paul Wittcke and left him when they quarreled. He told her he would get a divorce and she, thinking he had done so, married George Deal.

Wittcke appeared in her behalf before the grand jury and said that he was willing to take her home again and receive her as though nothing had happened. She promised to have her marriage to Deal annulled, as it is illegal.

Source: Oregon Daily Journal, February 28, 1915.

Walling Loses Second Suit

Action Against Elberts Is Dismissed by Judge.

In the superior court the second suit brought by Jesse W. Walling against his son-in-law and daughter, Mr. and Mrs. Harvey Elbert, like the first, has been dismissed. Last March the first suit, wherein the jury gave a verdict to the plaintiff, was set aside by Judge Bruce Blake because of insufficiency of evidence. The second suit was based on the claim that the plaintiff had deeded 40 acres of land to the defendants on their promise to board the plaintiff as long as he lived.

The father is 80 years of age. The second dismissal stipulates that the cause be dismissed without prejudice.

Source: Spokane Spokesman-Review, November 5, 1914.

Franklin Common Pleas

Wednesday, Oct. 24.

The case of Henry S. Preston against Eli Chrysler came on for trial just before the adjournment of the Court on Tuesday evening—H.C. Chittenden for the plaintiff; G.G. Collins for the defendant.

The facts of the case as developed on the trial were substantially these: The plaintiff being the College of the State militia commutation tax, was handed by the defendant a United States 7-30 bond for $50, out of which to take the tax due from him and a brother of his, amounting in the aggregate to $10.80, and pay him the balance in money.  The plaintiff accepted the bond, giving the defendant a receipt for $10.80, and paying him $39.20.  But as the coupons had been cut off the bond, and as no interest was due upon it, and the principal would not be due for some time to come, the plaintiff could not turn it in at the County Treasurer’s office, for which he was making collections, as so much ready money.

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Mother Asks Property Back

Daughter’s Harshness Forced Their Separation, She Says.

Mrs. Jesse W. Walling yesterday brought suit against her son-in-law, Harvey Elbert, and her daughter, Lizzie Elbert, to secure the title to real estate which she claims was given to the children with the provision her daughter take care of her for the remainder of her natural life at $6 per week. The plaintiff claims the contract was violated.

In the complaint it is declared the plaintiff owned 40 acres of land in Lincoln county, valued last year at $2256. She claims she made an oral agreement with the daughter to take charge of the property. She asserts that a short time later the property was exchanged for 10 acres of land and the daughter became so harsh with her she could not reside in the house. She asks restoration of the property.

Source: Spokane Spokesman-Review, August 4, 1914.