Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1867-12-25
Court Proceedings.

Curtis & Boyce, which was TO have been
tried this term, has been referred, by con-
sent. to Hon. Darius Caldwell, of Jefferson,
the hearing 10 be mad at the Court House
in Warren, beginning Thursday, Dec.
26th. This is the largest and most i'm
portant suit ever begun in Trumbull Com
mon Pleas The plaintiff was the owner
of q valuable coal lease Of lands situate in
BroOkheld, for the term of ten years, from
April l, 1857. with the right to mine and
sell 200, 900 tons Of coal. During the first
year he sold to the defendants two thirds
of the lease, with the agreement that the
defendants should take out during the
term of the Jesse the zoe, 900 tons, if prac-
tieable, &C., and the mines would produce
that amount, and after paying the expen-
ses agreed upon, the profits were to be
divided, two-thirds to defendants, and one
third to plaintiff. The plaintiff claims
that defendants failed to comply with the
terms of the contract, in various partieu-
lars. The defendants deny each of the
important allegations made in plaintiffs
petition, so that the questions of law and
fact will have to be submitted to the
referee. The plaintiff claims, under his
diferentcauses of action, $40, 600. 90 DANA
ges.
The case Of Sager VS.. Barb, which was
begun yesterday was concluded this day
noon, This is an ejectment suit from
Braceville, and, like the Lordstown land
case, which was tried during the early
days Of the term, is 8 contest over a small
piece of land Of very little intrinsic value,
and like the Lordstown case, has excited
8 vast deal Of local interest. Messrs. Gid
den and Hyde are acting for the plaintiff,
and Messrs. Sutlif and Beaver for the de-
fendanL
The case Of Kirkham VS.. Banning was
the next case tried to q jury. This suit
is brought TO recover damages resulting to
plaintiff by reason of the killing of a mum.
Der of sheep by defendants dog, and was
quickly disposed of by 3 verdict being
rendered for the plaintiff for the sum OF
$500, the full amount claimed. 1t has
been remarked that neither sheep, dog nor
their owners stand much of q show before
a Trumbull County Jury. Ordinarily, if
it is proven that the dog looked at sheep
through the fence with longing eyes, and
those sheep are afterwards found dead,
with indications hat they may have been
killed by dogs, or some other animal, the
owners of said dog is made to foot the
bill. Owners of uncertain looking saniSss
will please take n%otice!.
Hill, How and Msrcham, the three
prisoners lately tried and convicted, were
this P. NJ. brought into court to receive
their respective sentences. Hill convict
ed Of horse stealing was sent up for the
term of 5 years, "a sufficient period for a
smart young fellow to learn a good trade.)
How, convicted of the same ofense, was
sentenced for the protracted term of 8
years, and Marcham, he who was saved,
owing to q defective indictment, was, on
account of tho aInhuman condition of the
county jail" as Judge futile expressed il,
sentenced to Is days in Jail and to pay 9
fine of $50.
THURSDAY, Dec. 10.
In the case of Sager VS.. Barb, which
was submitted yesterday, the jury return
ed a verdict this morning for the plaintiff
The defendant demanded a second trial.
The first case on this morning was that
Of Bard Ct a vs.. Jones. This matter
comes from Fowler, and is q rare case,the
statement of the case is something after
this wise. Some time since Mrs. Bard,
one of the plaintiffs, was married 10 q
young doctor. Of Ashtabula county. A
large wedding party was given ar the
brides fathers, the defendant in this suit,
and while the guests were seated around
the festive board, 10 ard behold 8 note for
$1,000 was found concealed within the
folds Of the brides nap kip, (guite 8 ''tal-
ent') q gift, as claimed by the plaintiff,
from the father. The bride returned the
note to her father, which he was to collect
-aHd psy over to the daughter Is fast as she
should want the money. This is her
theory, 5 developed on the trial. The
defendant denies thatt vas ilteRded as a
a gift, but says that the note was placed
in the napkin by another daughter, for a
joke. The jury, however, found under
the ruling of the court that the note was
a valid GIFT, and that the father should
q oyer to the daughter the sum of $10l2
This is perhaps the first suit of this exact
nature ever brought in thiscOunty.
FRIDAY, Dec. 20.
The case Of Reed VS.. Gilbert was tried
to the jury to-day. This is an action to
recover IN additional sum of ten dollars
per acre for land sold by plaintiff to de-
fendant, on the ground that defendant
misrepresented the market Eslue of said
land. A prompt verdict was returned for
defendant, plaintiff demanding q second
trial. This is the last case to be tried by
q jury this term. The regular jury, an
eEoslleat panel, were then discharged
with the thanks Of the court.
Dr.. Myers, the eccentric hcrse-thief,
spoken Of last week, was b.oughsipto court
to-day 10 receive his ssntence. Owing 70
the ~psculiarities of his disposition the
court was inclined to be rather %lenient
than otherwise, and merely sentenced
him to . years imprisonment in the Peni-
Tertiary. In all human probability this
unfortunate old man will never again ksTe
an opportunity to practice his wadness-
it clearly can be called By no other name.
SATURDAY, Dec. p.
This day was filed up entirely By the
hearing of motions, continuing cases
hearing of divorce cases-there were q
large number of these latter cases, &c.
Court viii probably die = natural death
Monday.
MONDAY, Dec. %.