The daily press. (Cincinnati [Ohio) 1859-1859, 1859-06-21
rnNIMON PLEAS.

In room No 2, Judge Mallon and jury
was engaged in trying suit brought by Isa-
bella Colschear against W. Chapman, to re-
cover for the maintenance of an illegitimate
child. Tho paternity was denied on the part
of defense. Verdict of guilty.
Piatt and Kirby for plaintiff; Judge john
ston and j. Douglas for defense.
CRIMINAL BUslNEss.--In room No. B, before
Judge Dickson, John Patten, indicted for an
assault with intent to kill, rendered plea OF
assault and battery; which was accepted. 1t
appearcd that the accused and man named
S. Staplcton, ION whom the assault was COM
mitted) were hucksters in the market, and had
a difficulty in relation to the stands they occu-
pied, and the defendant struck the other party
with the handle of hatchct. He had already
been in custody on the charge for several
weeks, and the Court now sentenced him to six
days confinement in the dungeon of the Jail.
Chas. Kruger was placed on trial, charged
with an assault on Mary Jane Brown.
PROBATE COURT.
The JURY IN THE. STREET RAILROAD CAsE.--
The Jury in this case came into Court and
asked instructions as to whether they should
look to prospective damages, or simply to those
that would ensue Immediately upon the estab-
lishment of the road by the company.
Judge Hilton informed them that they should
look to both. But they were not to base their
calculations upon any hypothetical or merely
| probable case; but in the matter of prospective
damages to consider only those consequences
which would follow naturally or inevitably
| from given state of facts, as made cut by the
testimony; and they should be matters over and
| above the ordinary expenses. In other words
they must make the city whole, in relation to
all necessary additional expenses she should be
put to-.
Mr.. Robb, "a Juror( 1T has been suggested
to me to inquire whether the Jury should be
governed by the constitution and the statute in
making up their verdict.
Court-You can take the statutes and exam
inc the whole law on the subject; but you must
take it connective with the exposition the
Court has given you.
Mr.. Robb.-I thought myself that we could
not pass on the constitutionality of the consti'
tuition. (Laughter).
Court-It is the question of damages you
have to consider.
The Jury then retired to their room.
At late hour the jury again came into
Court and inquired whether they could re-
turn verdict assessing an annual sun
against the Company.
The Court was at first inclined to thinl
such verdict might be returned, but ON turn
ing to the statute which states that "Compen
sation must be made in full' before the ap
preparation can be made, Judge Hilton re-
marked that the verdict must be for one sum
Mr.. Robb---lf We do not agree before the
Court ADJOURN are we to remain out al
night?
Court-We expect, gentlemen, you car
agree. 1t is incomprehensble to me why
you shouldnot. The law you take from me
and if l am wrong the question can be taken
to higher Court. So that the only matter
for your inquiry is as to the damages for the
right Of way As il was in testimony, there
would be no interruption to the ordinary trav,
el, but that in consequence of these sewers
and
Mr.. Lippitt-I shall object to the Cour
charging the jury further on this matter.
Court do not propose to charge them
They have come in for instructions.
Mr.. Robb-Can we seal our verdict if W.
agree?
Court shall come up to Court if sent for
Mr.. Strohman, Ia Juror(-You need no
talk about agreeing. "A laugh.
Mr.. Cunningham (another Juror(-Ther
is no use in sending us back-we might a
we'll hope to fly as to agree.
The Jury had to return to their room.
1t was stated that the range of diferenc
between the Jurors on the question of dana
ges was about 81 900, 900.
LATER STILL-VERDICT.-About seven o 'clOc
the jury intimated that they had agreed to
verdict--upon which Judge Hilton was sen
for. The jury then handed up their verdict
assessing the damages against the Railroa
Company at $250,0OO.
[0ur Reporter learned that when the jur
first retired, the views of the jury as to dam
ages ranged from one cent to three millions
dollars