The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1867-03-14
CouRrl PRocEEplNds.-Dagid w.

house on the llth day Of June, 1866 and had, In
bic pocket, the sum Of s7bO. He came in about
ten o'clock and went TO bed In room at the head
Of the stairs. There was no door to this room,
except the bali door, which opened on the street.
Plaintiff made no objection to the room, nor did
he tell defendant that he had any money. He had
slept In the same room before. He put bis pants
under his head. with the money in the pocket
thereof. Defendant left the hall door unlocked,
50 that his wife could come in, as she was at her
fathers house that night, her fatherbeipg very
sick. Mrs Faulkner came home about daylight,
and found the hall door partly open and her hus-
bands pants lying 10 the hall, and the key Of the
stable, and pocket book had been taken from The
pockets. When plaintiff awoke in the morning.
bis pants were gone. About eight o'clock, boy
named Frank Murray, found the pants two hun
dred yards up the railroad. and the money was
gone. @ 4lv,
Plaintiff, in his testimony, said he did not sup
pose that defendant, or any Of his family or SER
wants. had taken the money. The case turned
solely upon the question of want of due care on
the part of the defendant and carelesspess on the
part Of the plaintiff himself It was claimed for
the plaintiff, that defendant ought TO have kept
the hall door lacked On The part Of the defendant
1t was claimed that plaintiff oughtto have notified
defendant that he had an unusual amount of mon
ey about his person, 'iif,}
Verdict for plaintiff, for $TSS,2S. Second trial
demanded, and amount Of bond fixed.
Hastings, DUNCAN g. McCllntick for plaintiff;
Tnpp, Maekley Moore & Laird for defendant So
John H. CIewers VS.. Isaac Roberts. This was
a jury trial Plaintiff testified that defendent
sent for him, about the first Of April, 1865, and
said he wanted him to clerk forh him in his gro
Gerry In jackson, and that he did act as clerk and
salesman until July II, 1866, and claimed $50 per
month, or $lO5 in oil. Defendent testified that
plaintiff only acted as salesman for him during
his, defendants ABSENCE and for that service he
had paid him.. and that plaintiff was in poor
health, and was out of employment and only
remained about the establishment as sojourner,
or lounger, and voluntarily waited upon custom
ers without any expectation Of rewardg Defend
ant also claimed that he had sold plaintiff bill
lard table, upon which balance of $25 was due
and unpaid, and for which he asked, Judgment.
Verdict for defendent for the balance ON the bill
lard table, with interest.
DuHadwOy & Mayo for plaintiff; Trip &
Craig for defendant. o.f
Thomas Walkerav VS. John Minor and Milly
Minor. This was GsuIt brought to quiet title.
The plaintiff is the son of Jeremiah Walker, who
died seized of so acres of land, and before his
death, made a WILL devising the lands to the
defendants. Some time, after the testators death,
Milly Minor brought theMlll tothe Probate Office,
but as the executor appointed in the will was not
present, nor the witnesses to the will, nothing
further was done, and she took the will home
with her. and 1t was not pTobated until some six
years after the testator's death. There Is Stat
ute requiring wills to be probated, or offered for
probate within three yeats after the testators
death, in order to bind the heirs.
The Court held that the viii had never been
offered for probate within three years, within the
meaning Of the Statute, and that the land did not
pass but descended to the heirs.
McClintick for plaintiff Hutchlns for defend
ants. y = e a. ll. I'LL A---l- .-AA--- -.-.i.
State of Ohio vs. John Williams and Evan
Williams. This was an indictment for assault
l anu DubJCIy upOu ANlIGlli db OEtlduu llob
fall iWHlea guilty The parties were drunk, and
. the assault wasan aggravated one As the parties
showed that when sober, they were quiet, kind
hearted men, and as II was the first offence that
had been brought before the Court, the parties
were each fned $1OO and costs and ordered to
stand committed until fines and costs were paid.
The Court admonished the parties that if they
should ever be brought before INN again, on a
similar charge, he should deal more severely with
them. aua La .fag-
Hastings for State; Hutchns for defense.
State Of Ohio vs.. William Devaughn. Plea not
guilty. Jury trial. This was al Indictment for
assault and battery upon Daniel Waller. Mr..
Waller is crippled with rheumatism. and walks
with crutch. He and Devaughn were at the
! grocery of Abraham Rankin, in jackson town.
7 ship. They went into an adjoining room toplay
: cards, for one dollar per game. A dispute arose
as to the counting of the games, when Devaughn
threw glass against the wall and broke 1t. The
evidence did not disclose fully whether he threw
1t at Waller or not. Waller put his hand into lis
pocket, got up, reached for his crutch to go out
I when Devaughn struck him, and after he was
5 down stamped him in the breast. Rankin came
in and took Deyaughn away. A revolver was
found on the floor, which Waller admitted was
!. his, but he denied taking it out of his pocket,
/, and said It must have fallen out when Devaughr
Q knocked him down. ro0tNt
i Verdict guilty. Fine ESQ aud costs, and de-
fendeant ordered to stand committed until fine
and cost be paid. .,....s. y.
9 Hastlngs& Laird for State DuHadway & Mayo
d for defense. 81 t]f
I State of Ohio VS.. Ebenezer Peoples and John
Il H. sklnner, This was an indictment charging
Il defendants with having stolen one double bittet
AK the property Of Francis NJ. Harper Ples
q not quilts. Jury trial. The evidence showeC
that the ak was left at the ''shanty" of John Rol
llns and that defendants were there and took th'
: ak and threw 1t into brush heap telling Rollip
h not to inform Harper where It was, as they want
1 ed to play OFT . joke upon Harper. Afterward
n the ak was found in the possession of Peoples
It and Skinner was with him, and they were tryinG
d to sell it. Peoples did swap Il afterwards. Yer
}. dict not guilty, la asasaam ir'
y Hastings for State DUNCAN, DuHadway ant
/, Mayo for defendants. 'AssA
b State of Ohio vs.. Thomas Wood. This was al
4 indictment for Keeping q room DC, 4 specia
] plea was entered. The case came up from Esq