Fort Wayne Daily Gazette from Fort Wayne, Indiana • Page 7

kWi i Wr" p. tvjjiirt1 jNtorfdBfi ITS. TEE P0W 1TOW.1 Th DeatseratlA Ctaatr Coavcntien 4 Waat They DM A Ticket alaate That with baa er Two Keeptltaa, Ja Cn pleaSaa for Its sVeak MM. Csrtl Jerjjrrese eater, aaa 'HeaeirTfer Jo ef the Coert A Seeae' rJrUT Kxelienaeat. From the Urge number of country friends In the'clty yesterday It was perceptM was an "old time 'Democratic county convention In grand old.

Allen 'iff. i yii and yesterday was no exception to the rule. The convention was called to. order at about nine, o('clook In he morning and labored' vyigorously for eleven hours and a half, during which time they nominated L. 8.

Null for state senator, Itai Chittenden, J. D. Mcllen A. sentatives, Judge O'ltourke" to go back to the circuit court, Judge Warden for the superior court, 8. M.

Bench for the criminal court, C. M. Dawson for circuit prosecutor, Willis D. Maler.for county clerk, A. L.

Grle bel for 8. Heller for recorder, John Dal man for treasurer, D. M. Allan for surveyor, and Henry Hart man, Gloyd and Tim Hogari for commissioners. The convention was called to order shortly after 8 o'clock by Mr.

M. V. B. Spencer, chairman pf the county cep tral committee, who made a short speech, in which he said that a special committee outside of the regular delegates had been elected and would probably bo, heard from during the day The call was then read by Dr. Letter, secretary of the county central committee.

Geo. Hand, of Eel. Biver township, was then elected chalrrnaiif and C. A. Zollinger, Daniel appointed vice presidents, and M.

B. Wjokelfer secretaries. Peter PerriotVan Lines Vwi tSenjV'': kllr but mot; being. WtllyVas unable to acty consequently was eleciedi A' committee on credtntlals, comprlidvof ontgrneryf Himllton, 8. F.

Baker and James'Bird, was then appointed, and retired; to decide on tie BclpJdiowahlp'aMiadle and re malried away some time." iyet' from the committee btt credentials? There was no reply, and the same hum and uproar came up from the auditorium' ancj the busy candidate went to and fro, pouring Into the tortured ear of the delegate hla claims to be made the standard bearer. Meanwhile chair eared with troubled face uponthe sea. of faces and the wild confusion, and ever and anon turned In a helplesVsort of way to Colonel Zollinger and, senator ueil, who were coaching him In parliamentary law. The following resolution offered by Fred C. Boltz, of the Ninth ward, was then read of each candidate for state senator and representative member to express their views on the present pending constitutional amendment to this convention before any ballot Is taken The CherLet us have your atten tion.

"Orderl" We must, have order. Bit down I VGenUemen, please sit down. "All men standing 'up are in the way. Listen to the reading of Jth)rlntIo A Delegate I move to lay it on the table. isH'ni the resolution.

When the vote was taken r'nWIld chorus of ayeVfoa1if Kne air and th amWdmeul'w'a tabled and the candidates for legislative honors beathed easier. A resolution to adopT was "lOsi and one to lay on the table carried "The Hon; Erastus L. Chittenden ipeclally Rooking happy. Mr. Wbeelock.of Cedar CreekJown i ship I nfove that during the balloting candidates be compelled 'tdkeen tbelr seats and only between ballots ahAMthiydlsIrlhuUV tickets.

This juit adopted by the bored delegates wbPBr, pppketa. were already filled with tickets with rush Jefferson Blckler, Eel River towii shlp I move 'that) when, candidates arecalled npori themselves; jney uo vet iuivu iirvu uiu' lug. This was rut and carrled wttita still wilder burst of enthusiasm. The committee on credentials at this Juttoture appeared and reported asrolldysV The committee on credentials would respectfully report that the delegation from Hclplo township, consisting of David Bennlnghoff, L. D.

BquTres and A. C. Loudermouth. are entitled to seats In this convention as delegates, their credentials being in all, regular, and uo evidence being pre sented to your committee. la adopted without a single dissenting vote.

The Chair You will now proceed to nominate a senator. Perry F. Randall, Milti Webber'and Lsp; Null were duly placed before the convention. Mr. Randall was first on the stage, and in sbite of ories of "No speech," and the ominous raps of the speaker's Kavel.

made a. vigorous Democratld speech, speaking of the good fight he had fought fpr. the Democracy in the past; and that' It waa not aeeessary roihlm'W'pledge himself the candidates, as It was the first time be bad been called Jipon to do that. rrcy Several Delegates "We waat the pledge." The Chair VWe'Wanti the pledge eTerytlra then gate the.custom; ary iron clad pledge, in which he waa followed by the others, ittlm Wilkinson of Wayne town ship, made another1 motion about the candidates distributing tickets while balloting, which was carried. The Chair TnlsW herdjln front Is reserved for the candidates; si sort of mourner's bench, Laughter.

Jim Wolf, Sixth Ward Mr. Chairman I move a policeman go in front of the tellers, to clear the way and keep peace. The Chair This is the first time 1 knew a policeman wasany better man than anybody else in a Democratic convention. Cries of "That's so." The Chair We will try It a while without the police. Prepare your bal The first ballot was (hen taken and resulted as follows, 77 votes being re quired to nominate: Randall, 73; Null, 6Sj Webber, J3, Randall not haying the requisite number the second iiallbt was or dered.

The chair (to the candidates) What are you doing lQ the aisles 7 get out the way, all of you. This edict was vigorously enforced by Chief, of Police Dlehl with his per suaslve cane, ta, The second ballot was again inef fectual, Mr. jnuu lacKing just one vote of the magical 77. The result was as follow: Randall, 73; Null, 76; Webber, 4. As soon as, the ballot jra announced a'wild chorutf dfCyells.

fori' Randall from bis henchman rose in the air, quickly followed by stentorian cheers for Null, In the midst of which the chair, who seemed to think his own (hreshlcg floor, a before him, vigorously threshed his table with his huge gavel until his voice could be heard. Fred. C. Bolts, city Mr. Chairman, I moyejhls yelling for candidates be suppressed; It Is votes, not noise, we want to make this nomination, TheChali That's the talk I Sit down I The police wlllj stir around in the aisles there with their clubs.

I have changed my mind about police being necessary In' Democratic cooyeptlon. Sit down I downll" Bit third and' effectual ballot resulted in putting; an end to the farce It generally being" thought that Randall's speech "busted him." The vote was as follows, two scattering votes beluga TsmrUndalli 89 Webber, McHenry, Mohrer, 1. The Chair Mr. Null having re ceived a majority of the votes cast, la the nominee for senator. Mr.

Webher move the nomination of Mr. Null be made unanimous. Cheers. "Mr. Randall here ascended the stage and eald: HI, ChUraua ud OnllntD ol OootmUm, I desire to thank you all for the votes you have given me in all these oaiiots.

'mis is mv nrsi political ex perlence and it shall be my last. I second the motion to make the nomiv 7 Montoomebv Hamilton, B. P. Dak kb, BIBD, ti Committee, nation of Dr. Null; of New Haven; unanimous." The Chair Nominations for repre sentative are now In order.

Mr. Dlehl, clearthat aulei use vour pole on Jhem. The following nomination were made; A. W. Brooks, Milan township: John Shaffer, Madison township; Dr.

J. Dm MoHnry Jefferson township i E. L. Chittenden and H. the city and W.

W. Smith. Each candidate as his name was called came on the stage and gave the usual Iron clad pledge as follows JOHN BHAFFER1 I will nledce myself to support tliel nominee or mis convenuon. nave been a voter for ten years; anq always have done so. smith Gentlqmen rl am a Democrat, and I expect to support the ticket noml atea J.

D. M'lIKNRYf Gentlemen ot the Convention So far as! am concerned I entirely throw the nomination of a good or baa ticket upon you. I will support the. nomi nerof this convention. WILLIAM II.

JONES! 1 pledge myself to support the of tbls convention, I CIIITTENDBk Was enthusiastically received. After the applause had, died away, he said: vFellow 'democrat I will support the nominee of this convention as I always have i 7tt understand the obligations I am under to the. party. w. brooks: Fellow Democrats I pledge myself to support tne nominee oi mis con ventlon.

The first ballot was then taken, rew suiting as follows: Shaffer, 21 Smith, 10; McHenry, 80; Jones, Chittenden, 19; Brooks, 89. The second ballot resulted as follows Shaffer, 1 Smith, 7 McHenry, 27: Jones. 84: Chittenden, 21 Brooks, 8.j. The third tallot Was then taken1 arid resulted as follows! Brooks, 127; Jones, Chittenden, 10; Smithy BUafleriS. Brooks was 'dbelared the nomi nee of the convention and another ballot was taken fo the other repre senUtiye which as follows: McHenry Chittenden; 82, Jones 8 Smith 6, Shaffer 0, Brooks 1.

During the above two ballots. Mayor Zollinger presided. Mr. McHenry was declared the nominee of the convention, and balloting for the third representative was commenced, and resulted as follows: Chittenden 65, Jones 64, Shaffer 9, Smith 2. On motion of Mr.

Jones the nomination of Mr. Chittenden was made unanimous. Cheers. The Chair The next In order Is the nomination for circuit Judge. Dr.

Clint G. Wheelocky of Cedar townshlp move1 that the nomination of Hon. E. O'Rourke be made unanimous. This was carried without a dissent ing vote, and Judge O'Rqurke was de clared the 1 The Chair Th next', nomination before you, gentlemen, is for Judge of the superior court.

Hon. James L. Worsen and Mr, Thomas E. Ellison, both, of this city, were placed in nomination, and made the usual pledges, Judge Worden, who was announced by John Brennan, of the city, recounting with a few rhet orical flourishes, his thirty years of service, in he Democratic Mr. Ellison was announced by Dr.

Lester, of New Haven, i The first ballot resulted Worden 95, Ellison 68; Worden's majority, 37, Judge Worder was declared the can didate. Mr. Ellison, although diligently labored with by Judge Sam Sinclair and others to do so, neglected to move that the nomination of Judge Worden be made unanimous. Nominations were, then made for Judge of the criminal court as follows Henry Ortman, of the fourth ward. announoed J.

Q. 8 1 rat ton John Bren nan, of the first ward, announced E. Sinclair; Henry Ortman announoed A. n. Blttenger Mike Walsh, second ward, auriouhced James C.

Beeks, and Michael Mowry, Cedar Creek township, announced S. M. Hench. The candidates came to the stage and pledged themselves as called. MB.

BTRATTON. I pledge myself to support the nom inees. of this convention. JUK. I I nledire mvself to support the nom inees, and will do all in my power to place them In office after they are nominated.

MR. BlTTINClER. I pledge myself to support all ihe nominees of this convention. MXUMESCil. Mr.

Chairman and Gentlemen I pledge you my word that I will support the' whole ticket, and if nominated or not, I will stump every township in the county for the ticket. 'Mil BEEKB. Gentleman, as an old time Demo crat, I pledge you my support. I am for the whole ticket and will do all I can for It during the whole campaign. The first ballot resulted in the nom ination of Mr.

Hench. The entire vote' waa as follows: Hench, 83; Blttenger, Stratton, 25f Beeks, 12; Sinclair, 32; W. T. Abbot, There were 165 votes cast this ballot, but two were carefully suppressed. received with' cheers and loud calls fox Hench.

vMrf Stratton I move that the nom The report of the coaimUtee was done since I have been old enough to Ination or Mr, Hench be made unanimous. This was carried with tumult next nomination was that of circuit prosecutor, tor which Councll man Yergens, iourtn noml natea CM, Dawson and Alexander Armleton, of Way ne' to wnshlp, nominated 0, O'Rourke, The gentle men came forward at the tap of the drum. and took theMron clad oath. "'Jin. Gentlemen Two years ago I was elected circuit prosecutor and J.

how ask arenonilnatlon at your hands.and Whether nominated Or hot will support the full ticket. MR. o'rourke. Mr. Chairman Two years ago I was elected prosecutor of thecrlmlual court.

The legislature consolidated the office with circuit prosecutor and I aSKtne nomination at your nanas, Dledclnor mvself to do as mv famllv have ever done, before and, shall continue to support the nominees and work lor tne democratic party. The first ballot resulted as follows: Dawson, 105; pVRourke, 47, Daw aoh'a majority, 68'. Mr. Dwson was declared, the nomine Air clrcul nroseautor. V'ThVhext nomination was for county clerk.

4 On motion of Fred Boltt'and ff sec wi ended by Justice Pratt, the nomination of Mr. Willis Maler, who had been announced Vy Mr. Stephen Heath of Milan township, was made unanimous amiu prolonged ana loua applause. Mr. Maler Came to the stage and said: Mr.

Chairman and Gentlemen of the Convention I pledge myself to support the nominees of this conven tlonhnd the state I have always done it and al wave. propose to doit, Loud and long cheering. Thii nominations for' andltnr then being Inbrer the hamesof llsaao W. Ai T. Abbott, of this city, John Ring, of Adams township, Harvey K.

Turner, of Marlon township, Morgan, Harrod, of Marlon township. and Frank; II. Wnlkerof this" cityrwefe pnt up." The candidates' then stepped 'on the stage and spoke as follows: MR. CAMPBELL. Delezatesto the county conven tion Ipledge myself to work for the candidate nominated and give him my support.

MR. ORIEBEL. Mr. President and gentle nen of the convention Ipledge. myself to support the nominee ojf this convention.

Mr. President and gentlemen of the convention I agree to abide by your decision, and pledge ymself to support the whole tlcket.f MR. TURNER. Mr. President and gentlemen of the convention I pledge myself to support, the nominee of this, convention.

MBf HARROW, I pledge myself to abide by the de cision or tnis convenuon, MB. ABBOTT. Gentlemen of the convention I pledge myself to support the nominee of this convent on, whoever he may be. MB. WULKE.I I Mr.

President and gentlemen of the convention I will do more than any of the other gentlemen. I will with draw my name, The first ballot resulted as follows: Turner, 67; Campbell, 25; Abbott, Harrod, 25, The chair There is no choice, prepare your ballots for the second vote. The second ballots reeulted as, follows: Grlebel, 80; Campbell. 17; Abbott, Ring, 33; Turner, Harrod, 21. Mr.

Grlebel was declared the nominee for auditor, and on motion ot Mr. Abbott it was made unanimous. On the call of the township and pity wards, the following members of the county central committee were announced and a meeting of the same called at the circuit court room, In Fort Wayne, one June 24, at 2 o'clock sharp: Marion Wm. Schroeder. Milan Geo.

Nuttle. Monroe John B. Neizer. Perry David McQulston. Hclplo M.

Pleasant W. S. Robinson. New Haveur L. S.

Null. Springfield John StOphlet. Washington H. Clausmeyer. Wayne John Wilkinson, Abolt A.

McDonough. Adams Fred Hoekmever. Cedar Creek O. W. Lindsaj Eel River Geo.

Hand. Jackson 9. WiBolyard. Jeflerson Pat Ryan. Lafayette W.

BS VVickleffer. Lake C. H. Gorman. Madison J.

M. Smith, Warner Robt. B. Shirley. St.

Jo Jos. Kukuk. Firtt ward W. H. Miller.

Second ward C. Hettler. T.iird ward O. A. Zollinger.

ward M. Kane. SUth ward Fo. Seventh ward W. J.

Kerr. Eighth ward Vodermark. Ninth ward F. C. Bolts.

The Chair Next, gentlemen, is the nomination for recorder. Coleman Ehrman, of the second ward, announced Peter Koehllnger; Thomas S. Heller was announced by David Steele, of Perry township; Frank Falker announced Andrew Gluttlig; Dr. Greenwald, of Perry township, nominated H. C.

Metcalf John Brennan nominated James 8. Sheridan) H. B. Roller, Springfield township, nominated W. R.

Relchel derfer, and Ed. Eley, of St. Joseph township, nominated Daniel Eby. They duly answered the call ol the roll, and appeared upon the stage to take the oath of allegiance. Mr, Koehllnger endeavored, to make a speech, but the convention declined to listen to it, and shouts of "81t dowrj," "Go 1 drowned his voice.

He kept it up. for some five minutes, but finally gave up. Mr. Heller said he would support the nominee of the convention. Mr.

Reichelderfer said that on account of his being a state officer he was not eligible for the office, and thanking the delegates, withdrew his name. MB. eby I will support, gentlemen, the nominee of this convention. MR. ULUTTINU I will pledge myself to support the nominee of this convention.

MB. SHERIDAN: Gentlemen Of the Convention I will support the nominee of tbls con vention, whoever he may.be. PR. metcalf; Fellow Democrats I appear before ou as a candidate for recorder. As have done in the past, so will I do In the future always support the grand old Democratic party, The drat ballot resulted as Metcalf, 16; Glut 61j Eby, 13; Heller, 61; Sherl dan; Olr There being no choice and a remarkable coincidence of the ballots; the second ballot was ordered At this Juncture Mr.

Koehllnger again leit a desire to address the dear delegates, but so hideous was the uproar. In spite of the splinters the chairman was knocking off the table at every clip, his effort was a mere pantomime of graceful gestures, and no one knew Mr. Koehllnger was withdrawing from the race or still further firing the popular heart; but as he did not get a vote in thrffol lowing ballot It Is presumed hla pantomime was a withdrawal speech. herldan then wanted the stage, and declared he withdrew in favor of iM. Glutting, which resulted in wild cheering.

Mr.Eby also withdrew and was cheered, when the, second ballot proceeded, resulting as follows; Glutting, 73; Heller, 80; Metcalf, none, Mr. Heller waa declared the nominee of the convention, andon taotlrfo of Mr. Glutting, It was made Unanimous. The next nomination' was for county treasurer. J.

A. Ilardin announced Isaac Mowre of St. Joe township J. J. Rehllng, of Pleasant township, announoed John Dalman, of Pleasant township; B.

Hamilton, of Lafayette township, announced Wm. Bcett, of Lafayette township; Wm. Yergens, city, announced C. A. J.

Cour, of the city. They all came smilingly up to the rostrum and made the never neg lected pledge. Mr. Dalman was received with loud cheers as he ascended to stage. Bowing bis thanks he said Gentlemen of' the Cpn ventlon I pledge myself to support the nominee of this convention.

ISAAC MOWRKIl. Gentlemen of the Convention I appear before you as a candidate for county treasurer, and pledge myself to support tne ncxec here to dayi and will work for a large majority for. the Democratic ticket. MR. SCOTT.

I pledge myself to support the nominee of this convention. MB. cotm. Gentlemen of the convention I pledge myself to support the nominee of this convention. The first ballot resulted as follows: Dalman, 70; Scott, 44; Mowrer, 34; Cour, 0.

Mayor Zollinger at this time was called to the cbalr and found It very difficult to control the tired, hungry and boisterous delegates, and the second ballot for treasurer was ordered amid the wildest confusion, but It was conclusive, the vote standing, Mr. DoloB.an,8S;3cott,4; Mowrar, 23; Cour, 0. Mr. Dalman was declared the nom inee for treasurer, and on motion of Mr. Mowrer, seconded by Mr.

Scott, it was made unanimous. Nominations for sheriff were then called for. Fred Bolts, city, nominated Peter, Certiaj S. Heath, Milan' town, ship, announced K. Cosgrove; A.

Kalbacher, city, announced T. A. Wilkinson: Mont ahcunced Man nix. The usual pledge Was made In the simplest form, it being too late and the delegates too tired to brook any plethora 'of words. It was front each one merely: "I pledge myself to sup' The crowd was now so dense that the tellers could hardly collect the vote.

IThe first ballott resulted as follows Cosgrove, 40; Mannlx, 45; Cert la, 48; Wilkinson, 20. As the announcement of the vote was made known the crowd grew al most wild with excitement, each Individual shouting at the top of his yoice the name of the candidate he desired nominated. It was some time before order was restored, when the second ballot was taken, and re sulted as follows 1 C' rtla, 67 Cosgrove, iiKinson, lv As the announcement was made the crowd again yelled themset ves hoarse, and a great deal of time was lost before the next ballot was taken, whloh was finally accomplished and result ed: Certla, 70; Cjsgrove, 31; Mapnlx, 43, Wben the result of the ballot was made knewn, showing that Certla lackei but one Vot to secure the, nomination, the excitement amqng the Certla element was intense, and yell after yell was sent up. The Cosgrove and Mannlx elements were equally excited, and seemed to labor Under the Impression that the nomination of their particular favorite was contingent on the most deafening noise being mad After considerable time the fourth ballot was taken, 'fhish resulted as follows: Certla 89, Cosgrove 29, Mannlx 35. Mr.

Certla was duly declared the nominee of the convention. Mr. Wilkinson then moved ttiat the nomination be made unanimous, which was done. Nearly every one in the ball kept tally, and when Certla reached hU sixty sixth vote the' silence was priW1 found; when, the next vol for him wulob nominated, Hamilton, second came, the crowd! sv yell that resembled! roar of tiraodsr. Shout after shout went up and) Vbm count had to be saepende far suss time.

Mr. the cImIiommi, tlitas IW ing almost played out, Benatur Itett annonneed that the nonslnaUon far coroner would bo In order. 2rJCegnt K. Wheeloeks name bfdnj; Vbm aoljr one put forward be was declared noaa inated by aodamatioa with trat tw dissenting voloea. The jnosnlwattanat for surveyor were then aasiouxeed ta be in order, but the struggle 'oT tba day being over half tbedelegalee swJI spectators left the 'half, and it waa some time before the) WanovnetKuetila were made, Finally the names of M.

Allan, of Maysvllle, and! Jaeob O. G. Goshorn, of tula etty. nounced, the first bailot on which, suited In Goshorn reeeivlng; 7S and Allen 7a The second ballot malted aa fol lows! Allan, '70; Goshorn, 7X Ids Allen was declared the nemlneeaf the convention, On the announcement being maUa Allen stepped forward asd said: "Gentlemen, I thank and waa loudly cheered. It was then annonneed that nominations for commissioner of tte fink district were In order, and tbeitamaea of Wm.

Fitzgerald, of XCOan' township; Henry Hartmaa. of Kew Haven township; JtaneeVryYof Mad Ison tovnshlp; Carl Krotll, of JsBer son township, and A. J. 3exo, of Monroe township, were pat tojs aisd the candidates came forward and pledged themselves to rapport Uh ticket in the usual manner. The first ballot was then taken and resulted as follows: llartmaa, Fitzgerald, SO; F.y, XT; dsha, 2D; Brudle, 14.

The second ballot reenlted: Hart Fry, 30; Clem, 22; Filsjger ald, 16; Brtsdi, Mr. Hartanant was declared in nomiaee of the convention. Tbe names of the foUowlaia; wens) then pnt up as candidates fas eeminismloBer the second district: Jtabn'Steslieiv of Springfield towrjehlp; Xksalei We testlne, of dedar Creek townsnlpc Mlohael Lindsrmntb, Bdplo te ship; Jacob Geocline. 8a Jo ship; and Jerome Gloyd, Perry township. Tbeuaoaldrjr sledgasraji given by the candidates alter witfefc.

the first ballet waa takes ss It is suited as follows: Ckx gllne, i Gloyd, 43 i Xindermatn, BtoplMS Sir. Notestlao aft this point withdrsw The second ballot ressrtted: OleyeT, 79; Geogllne, 60; Stepher, Under The ansMtoateement of tfaa vote and the declaration that Gloyd was the nominee of the eonyeaalosa created great enthusiasm. On tion the nomination was made mous. The names of Timothy Ilogaav this city, and Honry Unbler, est Marloil township, were llion nsnnt nated for commissioner of ino tkdal district. Mr.

Ilorab, on coming npoaa the stage, was warmly recel red, ass 1 Stated he would support Us man wm secured the nominations The fliaft ballot resulted In 108 votea fcr Ilooan, ani45forIIub)er. The. chairman declared Mr. Hograai the nominee of the on motion the nominal ton waemadev unanimous. Thework" ofllie 'tisy reseriTiaar' I shed, and after a voteaf thank itml.

been tendered tlon adjourned. vtl beeia Ab lasswrtaat OcoislaB. The following decision has reached by the aapreme court: Amos (X Hamilton va. Wib UamW.Shoaff. AUsnCLC Franklin, Com, Appellant snted appellee for a breach of tne covenant ot a warranty deed.

The land waa situated in Iowa. Appellant claims that be was entitled to Jodcment osa the special findings of the Jury, wtdda shows that the only UUo hla grantor bad was derived firom omoIUugaWy. who, in 19G8, conveyed large Uaot of land, embmeinK tlaat In eon troversv, sad tbaL In tata United Statea patented the land In dispute to. tbe stato of lowsv. act ot oongreea of BepUanlier I8v 1BS0.

concerning swamp, nmdew wealed sua' Immediate title in Use atatea of lands embraced in It, and the transfer of title1 did not awak the selection af the lands. (34 lit, 335: Wall. B5; 40 504; 11 low. 45ft) Altnowfila the patent was nottasned to the atata' until 18C9. the state had taa rbfht fas convey the land at ai tember 28, 185W, and toiaauinKoftfio stent was not ennerastvo mvH ence of the paramount title faa the state after Its kame.

IVhanrtvrevt dence of title might thoreby bo Arr nlshed Woold enure to tha' benefit tat any grantees Of the state. The lay, returned their verdict Bepteinber IS, 1870, at whinU time appellant; movea ror' jnagmeni upon we tn 'I swera to Intorroinioriatsw Tills Man was held under advisement br the court until the Koromber Uriau 1880, when the ooort overmled KastaV appellant then filed his motion fesrn. new trial. Held: As no object ton ay pears to the filing of this motion, appellee Is presumed to laavct 'eutwentod to its flllne. 294; 9 240.) There was too tnurla giving or refusing inatrnrtiona Judc ment affirmed.

Klliott, action of the ooort In boldma; Use no tlon for judgment on tboanaw erato InterroKatorieB nntil a aabaetjTsefnk Jerni il vvL'i t.rrjTim.flMnf Mw til ti.k,. i. l.lu jm'. tt fr AV i tvM 'u'F hi: Uw li'i iiiu in tu tir a ntavar cuL JC It iTWdi.vwwr s3. aasart roMmA 9:.