Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1862-03-06
ToEsDAY, March 4, 1869
aRNERAL nonKEr.


no. ~. Oliver Fuller Y the State of Ohio. Error
to the Court or Common Pleas Of Vinton county.
eooTr j., Held: H5l ~ 7f-TT ....
Upon the trial Of all criminal causes the law pre-.
sumes the party charged with crime 70 be innocent and
the burden Of proof Is upon the prosecutor, unless
different ruls has been provided by statute. ~ ~
& This legal presumption Of innocence can be over.
sondos doubt Of the guilt Of the accused. And the
reason OF this rne resting upon the presumption Of In
noeence, makes it applicable in all criminal trials.
Judgmentreversed and case remanded. COCO T.
No, 81 prusilla Niles V. William Grey, ct. al Re-
served IN tho District court Of Hamilton county.
tesator, after giving By his WILL to bis sldest son.
Matthew twentyfys acres Of land from on the farm on
which he lived, uses the following language: = =
ITEx THMD-"I give and bequeath to my youngest
Margsres Harper the remaining part OF my
IrEk FouRTH-"I give and bequeath unto my eldest
daughter Jane Harper but since married, Jane Davis,
BY my eldest SON, Matthew Harper, and my youngest
daughter Margaret Harper. sceordng to the property
given them in this my last will. It h also to b under.
per, die without any legitimate heirs, her part Of my
PERI
Heidi ff 4I q. p
I, That the language Of titem third" Is suficient
atansteg alone to vesti In Margaret fee simple estate
and IN tts eject upon subsequent provisions or the WILL
70 % considered the same as he had devised tho
sidue Of his real estate to Margaret her heirs and as,
iigns forever. rs CN :y4uHQ0 'Fuia DlE lF'lI7f
p That the words i'legimate heirs' mean le0itidte
ssS sDd .Hs .sGl: siau,s ssoSd my soungs.t
refers to definite and not an indefinite failure
Of issue and arc 70 bo construed n the Words Vn0
Legitimate hsFs.p ParisA o. IsSTis, 8. h., sos.
followed and approved. ~ .1'47a "a
3. That under iems third and fourth taken together
to Be determined By the contingency Of her DYING ws
out iSeying ct tho time Of her DEATH on the happens
Ing Of which the estate would pass over to Matthew BY
way Of exeoutoTy devise. '.li i--.lt n.Ifl -
Judgment for paintiRs. ...m4 ,a5lo'
No, log. Powers & Weightman v, John N. Bumoratz.
Error TO District court Of Perry county. , b, -1a'S
/. When upon fair construction Of the terms Of
written obligation, the party executing II binds himself
70 Be for goods to be so to third person.
- z 70 b regarded % an absolute guaranty, and when
acted on IN accordance WthtS terms, the liability Of
the gnArantor attaches and notice to him Of the 40
esptsncs o. ne guaranty or Of its having been acted
D. One party cannot denur 10 petou. ON the Srouua
that another party has been improperly Joined with him
Taylor '. ws.mOres, 10 Ohio, 900, explained and
No. 20. William Moore v The STATE Of Ohio Error
70 Gala Common Peal reserved In the District court
Of Gailia County. ssi s.f,Is-- srlI y
lat. Where indictment for selling vprituous LIQUORS
TO DO drank whero sod AYERS that the sale was made Al
particular place, BY way Of local description and not
q mere ssDcs, thsproOf must correspond with the allie
I'd. Where such indictment alleges tho sae % nsve
been made At the grocery store OF IN kbe t0,onsAi
or a. and the only proos oa sale at the grocery OF
tn e t0tonep Of q, the variance between the alieen
tion and the proof, is fatal to the prosecution,
Judgment reversed and cause remanded. Sos
No. I'D, The @. e X. & L. n. r.. b. Co. w. gamuel
Wsbbs sdmx. On error 10 the Superior court Of Prank
lin county. al Iasl---
suTLirT, o.. -
In an action to recover Of railroad company for In
uries received By brakeman while In the service Of the
company, hy reason Of the breaking Of the chain and aiy
ing way Of the brake while working IT, owing 10 defect
therein whereby he was thrown from The train and in
isl. That u wastbs duty Of the company 70 use all
reasonable and ordinary care In PROVIDING safs and vail
equipped brakes for the brakemen, and that II the
company, 10 neglect q such dutJ, have prOcure de-
fecve and Improper brake and placed the brakeman 70
work the same without an opportunity 10 know tuoh de-
ect and he was thereby injured, right Of action would
tnsreupon ati.e agAinst the company. TEL
Nd That II the exstence Of suc deieot at the time Of
the aocden was owing to of other operatives
oftne road, nuppoaed to Be competent whose duty Il
was % have inspected said brake but who neglected 90 10
Do and suffered the same 10 continue in use
wnen not Ioad.wofthy. unknown to the company, II n
mot liable herefor inagmneh such deiinqnent nspoe
tof 2 70 ne regarded afeow servant Of the brakeman
In common service. ~. 4, u bs.1A1.s11,I : -
i Judgment reversed. ru'
Iwsnty.nye more Oasas were called to-day, beginning
with NO. iIb. ia8lc .h- Ji- .it DID atl-l 1ial3
1s cg qds MOTION D0oKHT.- 9ua te ID D
No. lRl. Jacob Ringer implicated with Hdvard A.
\. aof-n Vu~la.