Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-07-11
Report Of eases decided ia the Marion
Circuit COurI. JuIY TERM. 1870.

Day. State Christian Daninberg. Retailing
TIia by court, the president Judge being The
stated that the person named 10 the indictment called
fo something drink. DsnnbeTg placed bottle, consin
liquor of the of whisky
said person named in the Indictment paook, paid his
and departed Ii further appeared in evidence that
sorts Of wine Of the color with whky and
negatively proved that Dannberg did not keep sell spit
Acqntl
State Abncr Smith, Retailing Trial by the Associate
Judges The witness Mr. Way land Long bought liquor
defendants store drank aud paid for it, but enIite
y unable to say whether he purchased it Of The defendant
Il his Per Curtain. On the authority OF several
decisions OF Sup Court answerabe foi
the retailing Of sprts by wife other person in his
poyment unless appeared that such person authorized the
selling In this case il is al,gehe the
selling the act of The defendant Of his and il
the act Of his there evidence that the defend
ant auihO lied The Acqutal.
2d Day. State vs.. John BShop-Ihree indictments Trial
by the full court rhe witness Mr.. Wsylsnd Lrns bought,
paid for and dsnk the liquor defendants soTe the
three occa'ous named in the three indictments, but
wholly unable t. say whether 1t was Bishop Mr. BIS
ton who sold 10 him. The knowing than
the Witness the defendant acquitted matter Of
Stale james Hamilton, Aaron Hamilton and Malon
Hamilton Assault and battery with intent Commit
der Trial by jury The aiming witness stated that
defendants fher and his sons the latter boys rather
than half grown) u>hed upon him. the father calling
"knock him down, kill him. &C. aud that Of the
thew Tuck stone which grazed his abdomen. Another
thrown in dodgug which witness lost his hat
Finding himself uncomfortable that stormy region the
witness gathered his hat aud hall three quarters
Of mile TO Mr. Wherow', the defendant following him.
Mr. WheTow neIposed and protected the witness. OneI
wtne did not hear The elder Hamilton cry "knck
him down, kill him. but did hear the words "csch him"
from some One witness of opinion that the hat
kn' cked off by limb Of tree. Several witnesses
did not stone thrown, and two of Opn
ion they would have if had been thrown. The
in'uciions Of the court strong favor Of The defend
ants the point of The intent commit muder and n-
formed the that If thrown aud touched
The complaining witness, they gh cOnvct Of simple
assault aud battery II they had no rational doubts The u
~ entertained doubts and acquitted she defendants
State Shoemaker, Hoagand, Keeiy and Miller. CUT
ting timber anolheTs lsnd-wiihOut malice. Trial by
the full The evidence clear that defendants
cut the timber In defence proved that the
cut and prepared timber for the Peru and Iudianap
oils Railroad BY authority of contractor. Per Curtain.
would that The Craftsman of the charter of
and indianapolis Railroad intended privilege
to the Company and those acting under il TO cut and prepare
timber without license from the owner and afterwards
it condemned, and then appropriate it. The words of the
charter however not sufficient carry out this idea.
The justification is incomplete 10 this Fiue 50.