Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1856-01-16
4enlt SnttIIiaente.
Probate Court.

3IUUdbc OOUlb
This Court commenced its. January
term on Monday morning, 7th inst. The
following criminal cases were on the
docket for disposal: The State Of Ohio
against Geo. A. Edwards, Orson Trum-
bull and Thomas McQuiston, for selling
intoxicating liquors; James johnson, for
assault and battery; Samuel Warren. pc
tit larceny; Robert and Thomas McWhin-
ney, for breaking into dwelling house at
night, DC.
State as. Edpards.-Pros. Atty, G.
w. Smith, for State, Judge Birchard for
deft. Geo. A. Edwards, a resident of
Niles, was arrested in June last, for SELL
ing intoxicating liquor to George Boys
and Geo. L. Stribley, and bound over to
the Probate Court by Esq. Allison, of
Weathers6eld. The Prosecutor. in pur-
suance of these proceedings, fled his in
formation, setting forth the above named
offence, but before the trial, for sufficient
reason, amended his information. and
charged the defendant with selling liquor
to Geo. L. Stribley. After a lengthy
hearing, the jury returned a verdict of
guilty. Def't's counsel moved for a new
trial, which was overruled. Judge Bir-
chard then made a motion in arrest of
judgment, and addressed the Court at
length in support of the motion, alleging
that the accused had been found guilty
upon a charge different from that which
the Justice recognized him to answer, to
wit: for selling liquor to Geo. L. Stribley,
whereas in the Court below, he was &C.
cused of selling to Stribley and Boys.
His Honor, Judge Brown, decided that
the amending of the information by the
Prosecutor, was informal, inssmuch as
it gave this Court original jurisdiction,
contrary to the statute, as also the ruling
of the Supreme Court. Motion sustain
ed, and defendant discharged. 1t is but
justice to the defendant in this case, to
say. that no testimony given at the trial,
went TO show that his was anything but
an orderly house, or that he kept liquor
to sell at all, but rather to the contrary.
State Us. 7rum5uH.-Smith, Pros, for
State, Curtiss & Bright for def't. Pros
ecution failed to show that the liquor sold
was intoxicating, in consequence of the
treacheroas memory of the chief witness,
he declining to recollect what the liquor
tasted most like; thought ii might he dis
solved potash. Court held that liquid
described could not be considered intox-
icating, and the defendant was discharg-
ed.
STATE rs. Warren.-Drfendan not ap-
pearing. his recognizance of 500 was
forfeited.
State Us. JoAnson.--Continued till Feb
ruary term.
State Us. Nc Qaiston.-Recogn zance
forfeited. Bond 500; Caleb Peck.
surety.
State Us Ro6tGnd TKos. Nc Whinney-
Much interest was manifested in this case,
the court room being well filed during
most of the trial. The defendants were
accused of fOrcibly entering the dwelling
house of George Wright, on the evening
Of Jan. 1st, and with force and arms as
the said Virgin. and family, en-
dangering their lives. &c. THE prosecu
lion was ably conducted by Pros. Airy,
c. W. Smith, assisted by B. F. Curtiss.
Esq, and the defence in ike manner by !
D.. D. Belden and A. Perry, Esqs. The
Jury, after an absence of half an hour,
returned a verdict of guilty. Prisoners
sentenced to ten days in the county Jail
IN bread and water, and a fine of FIVE +,
dollars each, with costs of action. {
1t will be recollected that John Nc
Whitney, the alleged leader in this af-
received a severe wound from the :
,ssailed, who struck him several times :
With a pitchfork, cutting his head in a 9
manner. As soon as able to be
about, John was taken before Mayor I
Weir. on charge of assault and battery '
With intent to kill, and bound over 10 the !.
pring term Of the Common Pleas. He I
S now at large on bail. |