Cleveland daily leader. [volume] ([Cleveland, Ohio]) 1865-1873, 1866-03-07

for defendant.
In room No. ?, before Judge Foote, tn
court case Of Trad Kelly Us. A. Montpelie
was called. It is really the case of Mont
Pelier Is. Kelley, as the former sues the lat
ter for recovery of an excess of one year
rent paid in advance. The burning 9th,
hall, wherein defendant had his varieties
exhibition, interrupted his performances
and the hall has been so thoroughly re-
modelled that it will no longer serve tn,
defendants purpose.
C. Stetson, Esq, for plaintiff, and J. E. IL
gersoll, Esq, for defendant.
In the criminal branch, Judge Bolton
presiding, the motion, filed for d new trial
in the case of the State o. Hosea W. Lib
hey, convicted Of mansIaughter was argued,
yesterday morning, by the counsel for de-
PENDANT, S. E. Adams, Esq. He rested the
argument on one point of the motion, setting
forth that the verdicto of the jury was not il
accordance with the testimony. There were
four additional points in the motion, on
neither one of which did the counsel for
the defense choose TO rest the argument.
The court then reviewed the testimony.
sifted it thoroughly and reconciled perfectly
points of evidence which seemed conflicting,
and made a mastery refutation of the
charge of the counsel. On concluding an
elaborate and impartial review of the case
and the testimony, the court announced
that justiee and the right demanded that the
course of the law be not Interrupted in this
case, and announced his decision to over.
rule the motion.
At the time of fling a motion for a new
trial, S. Adams, Esq, filed also a motion
in arrest of judgment. The counsel said be
would not argue it, but merely submit it to
abe court. This also was set aside by the
COURT for reasons the most simple and
obvious. Mr.. Adams then asked the
suspension Of sentence for a few DAYS, OF
give time for preparing a bill of exceptions.
IAls request, too, was set aside, for reasons
satisfactory to the court.
h prisoner was then arraigned. The
Court stated that he, the prisoner, had been
guilty of one Of the greatest crimes
known to our law; that he had an impartial
trial, had been defended by able counsel
and that ii only remained for the Court 10
pronounce against him the sentence of the
law.
Have you anything to say why the e n
tenee Of the law should not be pronounced
against your asked the Judge.
81 have, your Honor responded the pris-
oner. Whereupon he proceeded to deny
that be performed an abortion on that wo
man stating that she was sick when she
reached his Office that she remained there
sick half an hour that he gave her medi-
cine and told her she was in q dangerous |
condition, and unless she was very careful
SIZE would 9ie; that he told her
that if she did not get better BY
Monday THAT was Saturday. she must re-
to his office, which she promised to do;
that therefore, the accusation brought
him was false; that he had not been
dealt with; that he could have
brought a witness to that stand whose evil
dence would have sustained the testimony
Of DR.. Turrill and neutralized that of Mrs.
Mason that he had letters of confession
from Mrs. Mason, acknowledging that she
lied on the witness stand that he did not
know why that witness was not brought, he
not his own counsel,-he had counsel.
but he could not tell why said witness
vas not called that he was no abortionist.
but a respectable physyeian, having a large
honorable practice. not only in
Ibis city, but in other pieces up and
in the land that he had at this time
10 less than fifteen hundred patients, here
md elsewhere, who are waiting and
watching" and dying for his presence and
medicines; that he hadn't had a fair trial
lere, as there was so mitch prejudice exist
ng against him-the faculties of the medi-
al colleges being opposed to him that, al
hough a young rlan, he protested to know
lis business; that his numerous friends
would see 70 it that he shouAi
lot long remain the victim OF
Tor words whose import was con-
trued as givenli and again asseyerating
With the emphasis of $50 help me, Godp
bat he did not perform an abortion on the
deceased, and did not, therefore, cause her
Ieath, &c, &c.
The court reviewed his hsrangue in a
but firm manner, and with the lever
f the testimony produced, turned
his statements. In response
o the cOnvict's -uugenerous fling
o his counsel, the court said they had put
orth their best endeavors; that they were
bile men that ne had been very ably de-
ended by a lawyer of the Cleveland bar
Who, for fifteen years, had madethe Grimm
i law a specially, and was surpassed in
Lbility and experience in that department
" no lawyer at our bar,-a fitting rebuke,
hough not as severe as deserved, to the
mean fling of the prisoner.
The Court then proceeded to pass the e
ence of the law sgainst the prisoner, which
vas, in effect, that he be taken to the jail
f the county and thence to the penitentiary
# the State, there to be confined at hard la
Dor for the period OF eight years from this
late, and pay the costs of prosecution, it
'eing no part of the sentence that the pris-
'ner be confined in the solitary cells.
DR.. Libbey did not appear at all affected
" the result. He was remanded to jail,
lfter which Court adjourned.