Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1858-06-07

-Mupder triaE-Trial for false iHpriSOaneAi
Cod difedfI0R Of 0rdiaaAees-thsir operation,
and mode Of eaforeiag hsm-SeeneS IN q
Police Court
WARREN, Ju.e 3, 1858.
EDITOR LEADER We have had two days oi
sunshine, but the sky is again overcast with
black heavy clouds, and there seems to be 4 full
head gathering for another deluge There is
no WADswoETH or MERIAN about this town, and
we have no means ofteIling the exact depth Of
water which fell during the month of May, in
this region; but all are willing to say that the
fall of rain has been Unprecedented, and wholly
beyond the experience of that ubiquitous indi-
vidual, the Oldest inhabitant." On Saturday
aud Monday last rain poured down in sheets
and torrents. On Thursday we were visited
by severe thunder At five o'clock on Monday
morning the dwelling house of o. H. PATcH, a
worthy citizen of this town, was struck; but
no great damage was done. In the south part
of Trumbull county, and north part of Maho-
ming county, great amount of damage was done
to timber
The farmers have been active for the two
past pleasant days in geltingin their corn. and
most of the crop will be planted before another
rain can stop them The fields that were plant
e in May between showers is now up, and is
looking and doing well
Hon. d. Wilmot, of Towanda, Pa, has been
paying visit of a week or two, to his father,
Randall Wilmot, who lives in Bazelta, in this
county. He elOOks well-lOoks as i'll might be
able to make hard fight yet against the slave
power of the country He occupies a Common
Pleas Judgeship in the District composed of
Bradford, Tioga and -, in Pennsylyanir,
and we have no doubt is an able and impartial
Jurist. The Legislature Of his State undertook
to legislate him out of Office, last winter; but
meanness was not mean enough to accomplish
the nefariOus deed. He yet stands in his place
Of honor a speaking, acting witness against the
slavery propaganda of the nation. Mr.. Wilmot
passed through your city on Monday last TO his
home in Pennsylvania.
Elijah Judson, resident of Braceville, was
killed this morning near the Bmceville station,
on the track of the C. An R. R. Mr. JudsOn
was going West on the track from Warren, and
arrived at the BraceviIe Station few moments
before the Express Train, where he waited until
that train had passed. A Gravel Train had
been run on TO the switch to permit the Ex-
press Train to pass, and as soon as the latter
train passed up the track Mr. Judson followed
after on the track, suppOsing that he was then
free from danger. Soon the Gravel Train com
meneed backing and run over Judson, killing
him Instantly. The persons on the train saw
the man on the track before he was struck, and
every exertion possible was made to stop It. but
of no avail,-ihe train being too near him be-
fore he was discovered Mr. Judson was deaf
and could not hear the noise
He was a worthy citizen, a good neighbor
and friend. He leaves large family who were
dependent upon his labor for support He was
much respected and Is sincerely mourned by all
who knew him.
The Court of Common Pleas is now in ses.
sion in MahOning county, Judge Potter pre-
siding. There is no business OF general int r
est before it. and but little OfimpOrtance to any
one save the lawyers engaged.
The Court Of Common Pleas for Trumbull
county will commence the Summer Term on
the 18th Of June. Judge Potter Of New Lis
bon is to preside The trial Of the most gen
eral interest will be that Of Thomas MeWhin-
ney, indicted, in connection with his brother
Robert, for the murGer Of their father The
trial will commence on the second OF third day
of the term. Robert was tried at the March
tenn and convicted Of manslaughter only, and
was sentenced by Judge Hoffman to 10 years
the full term of the law G. NJ Tuttle and j.
F. Casper, are counsel for the prisoner. There
is case in that Court which involves the legali-
ty of certain ordinances passed by our village
Council, which will also be of general interest
1t is the case of Frank Peck rs Jno W Brooks,
Marshal, brought for an alleged false imprisOn-
mens in arresting and eonhning the plaintiff
under an execution to collect fine. The same
point has been determined on three different Oc-
elsions by Judge Brown, of the Probate Court
against the legality of the ordinance, aud much
feeling and talk has been had respecting it
The question will now be raised on a demurrer
to the answer, filed by the Marshal, which is a
justification under the ordinances. From the
temper and feeling of the Mayor and Council as
well as the itigious spirit of the plaintiff, the
probability is that the case will not stop short
of the Supreme Court. Judge Potter will hear
the argument and determine the question so far
as this Court is concerned at the coming tenn
The question has a beginnings most
questions of the kind have had before tin the
over anxiety of certain selfimPortant officials TO
do something grander, more important and eff
cient than what had ever been done by those
who had preceded them. Aftr our present
Mayor came into Office last year, committee
was appointed to cOdily our laws, in feeble imi-
tation Of larger municipalities. a layman was
not supposed capable of doing such a work, and
a lawyer was selected sort of prOtege Of the
Mayor, the gentleman whom "Outsider" dcsig-
mated as the man with the " NaPoleonie head"
He was set to work-old ordinances were over
hauled, new ones concocted by the score, be-
cause the old ones were found wOluliy ineffi-
cient, and finally a grand repealing ordinance
was passed, which occupied two columns or
thereabOuts, OF our village papers, which swept
away at one fell swoOp the entire rubbish
which emanated from the best brains Of our
City Fathers for twenty three years, and 50
impetuOus was the avalanche that many Ordi- /
nances were repealed that should not have
been, such ordinances levying taxes, laying
out streets, &c. After the whole had been
completed, the volume was printed al a large
expense, and now we have printed laws and
are dignihed by the title of City. One of these /
wise laws was called an " Ordinance to facili- |
tate the collection of fines" and it provides /
that when a fine is assessed the Mayor shall /
forthwith issue an execution commanding the |
Marshal to collect such fine and costs, and if no
property can be found, that he take the defend /
ant to jail, there To remain until the fine and |
costs are paid; but no provision is made to i'm
prison any offender a penalty unless IT |
should be brought about under the execution, /
and then it would be perpetual.
Well, under this new code our dignifed
Mayor set TO work to suppress all disorder and
to make ours a model town. Soon Patrick o.
Finn got boozy on strychnine whisky bought
and drank within view of his Honor's Office,
and became noisy. A policeman made him
annL l.. Ii L.