COUNTY OF DANE,

City of Madison, ss:

Municipal court, city of Madison.

The State of Wisconsin to the sheriff or any constable of said county, greeting:

Whereas William Welch has this day made complaint on oath, in writing, to the judge of the municipal court of the city of Madison, in said county, that L. D. Stone did on the 12th day of May, A. D. 1874, at the city of Madison, in said county, the said L. D. Stone being then and there the agent of the Chicago, Milwaukee and St. Paul Railway Company in said city, and authorized by it to receive and charge compensation for the transportation of passengers on said railroad, as such agent aforesaid, wrongfully, unlawfully, and willfully charged and received from this complainant for the transportation of him, said affiant, with ordinary baggage, not exceeding one hundred pounds in weight, over said railroad or part of railroad, from the said city of Madison, in the county of Dane, Wisconsin, to the said city of Janesville in the county of Rock, Wisconsin, which is a distance by said railroad or part of railroad of forty miles, and no more, a greater and higher rate and compensation than three cents per mile, to wit, the sum of one dollar and sixty cents, contrary to the form of the statute in such case made and provided and against the peace and dignity of the State of Wisconsin, and prays that the said L. D. Stone might be arrested and dealt with according to law: Now, therefore, in the name of the State of Wisconsin, you are hereby commanded forthwith to apprehend the said L. D. Stone, and bring him before the said municipal court to be dealt with according to law.

Given under the hand of the judge of the municipal court of said city on the 23d day of May, A. D. 1874.

A. B. BRALEY, Judge.

(Indorsed as follows, to wit:) State of Wisconsin against L. D. Stone.

DANE COUNTY, 88:

The within warrant executed by arresting the within-named L. D. Stone, and have now in custody now before the court.

Fees: Arrest, $.25c.; mileage, m., $.20c.; conveying prisoner, m.. $.10c.; committing, $.50c.; attending court, $1.50. Dated this 23d day of May, A. D. 1874.

JOHN ADAMS, Sheriff. By ISAAC VAN WIE, Dep'ty.

Filed this 23 day of May, A. D. 1874. A. B. Braley, judge. County, page 140.

STATE OF WISCONSIN,

County of Dane, ss:

WILLIAM WELCH, being duly sworn and examined on oath before the undersigned, municipal judge in and for said county, deposes and says that on the twelfth of May, A. D. 1874, the Chicago, Mil.. waukee & St. Paul Railway Company owned, operated and managed a railroad or part of a railroad in the State of Wisconsin, between the city of Madison, in the county of Dane, Wisconsin, and the city of Janesville, in the county of Rock, Wisconsin; that the said Chicago, Milwaukee & St. Paul Railway Company then was and for a long time theretofore had been and still is commonly known under its former name of the Milwaukee and St. Paul Railway Company, and is by that name mentioned and designated in section one of chapter 273 of the laws of 1874 of this State; that on the said twelfth day of May, 1874, L. D. Stone was an agent of said company, duly authorized by it to charge and receive compensation for the transportation of passengers over said railroad or part of railroad, and that said L. D. Stone did on said 12th day of May, 1874, at said city of Madison, in said county of Dane, Wisconsin, as such agent, and being then and there so authorized by said company as aforesaid, wrongfully and unlawfully charge and receive from said affiant, for the transportation of him, said affiant, with ordinary baggage, not exceeding one hundred pounds in weight, over said railroad, or part of railroad, from the said city of Madison, in the county or Dane, Wisconsin, to the said city of Janesville, in the county of Rock, Wisconsin, which is a distance by said railroad or part of railroad of forty miles and no more, a greater and higher rate and compensation than three cents per mile, to-wit, the sum of one dollar and sixty cents, contrary to the statute in such case made and provided, and against the peace and dignity of the States; and complainant prays that the said L. D. Stone may be arrested and dealt with according to law.

WM. WELCH.

Subscribed and sworn to and complainant examined on oath before me, this 23d day of May, 1874. A. B. BRALEY, Judge.

(Indorsed as follows, to wit:) Complaint. Wm. Welch, complainant. State of Wisconsin against L. D. Stone, ss. Municipal court, city of Madison. Filed this 23d, of May, 1874. A. B. Braley, judge. County, page 140.

STATE OF WISCONSIN,

County of Dane, City of Madison, ss:

We, L. D. Stone & John W. Cary, of said county, acknowledge ourselves to owe and be indebted to the State of Wisconsin in the sum of two hundred dollars, to be well and truly paid if default be made in the conditions following;

Whereas the said L. D. Stone has appealed from the judgment

of the municipal judge of the city of Madison, in said county, rendered on the 11th day of June, 1874, on complaint for violation of chapter 273, laws of 1874, between the State of Wisconsin, plaintiff, and the said L. D. Stone, defendant:

Now if the said L. D. Stone shall personally appear before the circuit court of said county, at the term thereof next to be held therein, and abide the judgment of the court therein, then this recognizance to be void; otherwise, of force.

L. D. STONE.
JOHN W. CARY.

Taken, subscribed, and acknowledged before me this 11th day of June, A. D. 1874. A. B. BRALEY, Judge.

(Indorsed as follows, to wit:) Municipal court. State vs. Stone. R. R. Recognizance for appeal. Filed this 11th day of June, A. D. 1874. A. B. Braley, judge. County, page 140.

STATE OF WISCONSIN

against

L. D. STONE.

Violation of railroad law. Wm. Welch, comp't.

Fine, $50.00; judge's fees, $11.79; witness, $1.56; jury, $6.00; officers, $6.57.

1874, MAY 23.-On examination of complainant on oath, and reducing the same to writing;

Warrant issued returnable forthwith. Suppoena issued. Warrent returned. Defendant in custody before the court. On warraut, $2.55. John Adams, sheriff, and Isaac Van Wie, deputy. Complaint read. Defendant declines to plead. Thereupon the court enters a plea of not guilty, and by consent of both parties the case is continued to 30th inst., at 9 o'clock in the forenoon at my office. Defendant ordered by the court to give bail in the sum of four hundred dollars for his appearance in court on said 30th day of May, A. D. 1874; in default thereof that he be committed to the jail of Dane county. Bail given and approved. Defendant discharged from custody of the officer.

30TH, 10 a. m.-Parties present, and by consent of both parties case adjourned until the 10th day of June, 1874, at 9 o'clock at my office. Defendant ordered to give bail. Bail given and approved. JUNE 10, 9 a. m.--Subpoena returned. Fees $1.45. John Adams, sh'ff. Parties present. Defendant's counsel call for a jury. John Adams, Sheriff, ordered to draw eighteen names from jury-box, and said eighteen names being duly drawn, they were duly written dowu, under directions of the court; and each party having stricken off six names from the list, a venire was duly issued for the following named persons as jurors: M. B. French, H. Kroncke, W. J. Park, Deming Fitch, B. W, Warnes, and E. D. Miner, returnable at 12 o'clock m. of this day. Venire returned duly served personally on each of the persons therein named. Fees $2.07. John

Adams, sheriff. Jurors present, duly empanelled, and sworn. By consent, case adjourned until 2 o'clock p. m. of this 10th day, at my office.

2 o'clock p. m.-Parties present. Jury present. Trial begun. The following named persons were sworn as witnesses on behalf of plaintiff: Wm. Welch and T. D. Plumb, jr.; and L. D. Stone on behalf of the defendant. By consent, case adjourned until the 11th inst., at 9 o'clock in the forenoon, at my office.

11TH, 9 a. m.-Parties present; jury present; and after argument by counsel for prosecution and defendant, and instructions of the court, cause submitted to the jury, who retired under the care of John Adams, sheriff, who was duly sworn to attend them; and on the same day the jury returned into court under the care of the officer, and publicly announced the following verdict: "We, the jury, find the defendant guilty." Jury discharged by the cout. And thereupon the court adjudges and determines that the defendant pay a fine of fifty dollars, and costs of suit in the further sum of twenty-five dollars and twenty-two cents.

STATE OF WISCONSIN,

County of Dane, City of Madison, ss:

I hereby certify the foregoing to be a true transcript of the proceedings had before me in the above entitled action, as appears from my docket and papers of file.

Given under my hand this 3d day of October, A. D. 1874.
A. B. BRALEY, Judge.

(Indorsed as follows, to wit:) Municipal court. A. B. Braley, judge. State of Wisconsin against L. D. Stone. Transcript. Filed Oct. 5. 1874. L. D. Frost, clerk.

Circuit court, Dane County.

STATE OF WISCONSIN

agt.

L. D. STONE.

Whereas the said defendant, L. D. Stone, has been at this term convicted, upon the complaint in this matter, of an offence against the provisions of chapter 273 of the laws of 1874, and feeling aggrieved thereby has alleged exceptions to the opinions, directions, and judgments of the court in the matter of law, which have been reduced to writing, found conformable to the truth of the case, and allowed and signed by the judge of said court at the term, to-wit, this present term of this court; and whereas it clearly appears to the court that such exceptions are not frivilous, immaterial or intended for delay: It is now hereby ordered that all further proceedings in the said circuit court shall be stayed; and on the prayer of the said defendant it is further ordered that the defendant recognize in the sum of five hundred dollars, with sufficient sureties, for his personal appearance at the supreme court at the next June term thereof,

and to enter and prosecute his exceptions with effect and abide the sentence thereof, and in the mean time keep the peace and be of good behavior, or that in default thereof to be committed to the common jail of Dane County.

Nov. term, 1874, to-wit, Jan'y 30th, 1875.

ALVIA STEWART, Judge.

(Indorsed as follows, to-wit:) Dane Co. circuit. The State of Wisconsin, agt. L. D. Stone. Order for bail. Filed Jan'y 30th, 1875. B. Esser, clerk.

The State of Wisconsin. In circuit court for the county of Dane.

THE STATE OF WISCONSIN

VS.

L. D. STONE.

We, L. D. Stone, as principal, and T. J. McConnell and Sam'l Drakely, as sureties do hereby acknowledge ourselves to owe and be indebted to the State of Wisconsin in the sum of hundred dollars; for the payment thereof, well and truly to be made, we, and each of us, do hereby bind ourselve and our and each of our heirs, executors, and administrators, firmly hereby.

The condition of this obligation is such that whereas the said L. D. Stone has been at this present November term of the year 1874 of the said circuit court convicted of an offence against the provisions of chapter 273 of the general laws of said State, passed at the annual session of the legislature in the year 1874, and feeling aggrieved by the opinions, directions, and judgments of the said court, has alleged exceptions thereto, pursuant to the statute in such case made and provided, which have been reduced to writing and allowed and signed by the judge of said court pursuant to law; and an order having been made staying proceedings and fixing the amount of this recognizance at the sum aforesaid, in order to enable said Stone to prosecute his said exceptions in the supreme court:

Now, therefore, if the said L. D. Stone shall personally appear at the supreme court at the next ensuing term thereof, and enter and prosecute his exceptions aforesaid with effect, and abide the sentence thereon, and in the mean time shall keep the peace and be of good behaviour, then this recognizance shall be void and of no effect; otherwise, of force.

Taken. Sureties examined and bond accepted and approved this 30th day of January, A. D. 1875.

ALVA STEWART, Judge.

(Indorsed as follows to-wit:) Dane Co. circuit. The State of Wisconsin agt. L. D. Stone. Recognizance. Filed Jan'y 30th, 1875. B. Esser, clerk.