Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1868-03-04
Court Proceedings.

~1@A , AN-A@~
The md case Of Ohio vs.. Benz. Apple
gate was submitted to the Jury on Tues
day, the 25th ultimo, and a verdict OF
Guilty rendered. This unfortunate pris.
ohe-. who has not been long absent from
the P~enitenlary, was brought into court
and sentenced to another period of four
years. He even took occasion TO return
his heart felt thanks to the honorable
Court, for not further protraeting the
time. Fortunate man to be thus easily
satisfied!
Charles Read was prosecuted on Tues
day. for excepting a room where ~intoxiea-
ting liquors are sold contrary to law
His defense was that he was simply .
clerk for Campbell, who was the Proprie-
tor of the room. The Court held, and so
charged the jury, that the law evidently
intended TO include the 'keeper" of the
room, as ceu as the proprietor of the
same, consequently the aforesaid ''clerk"
was found guilty, greatly to the surprise
Of himself and friends, and to the great
disappointment OF a large number of shai,
lar clerks, who fOndly hoped to evade the
law by such aplea.
William Chapman, residence unknown,
having plead guilty to the charge of steal
ing some old clothes, was SENTENCED for 10
days on bread and water; to pay a fine
of $1,000, and to return two-fold $1,000.
or the value of the property stolen. From
his appearance IN court, it is quite evil
dent that there were no more old clothes
around when these were taken.
On Wednesday, the Goth ult John
Campbell, = fiery, red-headed youth from
Mineral Ridge, was BROUGHT trial on the
charge of stealing money to the amount of
$500.
He was ably defended by Messrs. Full
Ter & Moses, but was found guilty of the
charge, and sentenced by the Court to 5
days in the county Jail on bread and wa
ter ; to pay a fine of $1,000, and to re-
store two fold the amount of money stol-
en-. his first venture las we hope) of this
kind, is certainly not n calculated to
lend much en- Encouragement.
On Thursday, the 2Tth ult., the great
case Of Packard, Abel & Co., vs. Frederic
W. Ames, ct. al, came on for trial. This
is by far the most important suit of the
term. This action Is founded on a con-
tract made by and between the parties in
July, 1865. whereby the defendants agreed
to receive froru plaintiffs, three million
SIX hundred thousand feet of plank, pro-
Yided the same were furnished within
the time specified, which was at the rate
of thirty thousand feet per day. The de-
fendants-some 40 in number-mostly re-
siding and doing business in the Oil
Regions of Pennsylvania, refused to take
the amount, and thus put an end to the
full contract.
The Defendants, who appear in the con-
tract IS the Executive Committee of the
& Pit Hole Plank Road Com
pany, claimed that they are net liable IN
der the contract, as individuals, but that
the Plank Road Company is the only par
ty thus liable. CThe said Plank Road
ny has become incorporated since
the contract was entered into.)
The plaintiffs claim IS, 96S, 81, and in
terest from July 18th, 1867; SS1s, SS, and
from March 1st., 1866, for the
actually delivered BY them and re-
eeived by Defendants and $4,000, as
damages for the breach of the contract
Messrs.i Tayier & Jones appeared for
Plaintiffs, and Messrs. Hutchins, Ratlif,
& Hutehins, F. E. Hutchins, Esq, of
WARREN and B +. Lucas, ESQ, of Pitts
for the Defendants. The case was
fereely contested and was duly submitted
on SATURDAY at neon. The Court having
chargedt fiat the D Defendants, as individuals,
were liable under the contracs the jury,
after celebrating about four hours, re-
turned 8 verdict Of S4,5ss,O7 for Plain
tifs. 4
The Defendants gave notice of second
trial which will probably be acted upon.
The afternoon and evening of Saturday
were wen improved by anxious parties and
busy attorney The Court disposed of sew
eraI cases that we're for hearing on demur-
rer; and IN the oHeifer" ease. referred to
IN the proceedings ofthe first week, grant
ed a new trial on motion of the Plaintiff.
Thus two new trials have already been
granted on motion of Defendant, and this
time as per above.
r The last matter that occupied the Court
the confirmation Of the Referees re-
port in the case Of John Hutcbins VS. Cur
tis& Boyce, which gave to the Plaintiff
SIS, ass This verdict does not appear
to be entirely satisfactory to either side
The sPIsintif did not get as much as he
claimed, while the defendantsSObject to
the construction which the Referee gave
to the contracts .6s--
Aseeond trial viii more than likely be
had. 71sI-
"A majority of the business of this term
has been continued until next; which fact.
it apparent that the business of the
May term wlllibe unusually large.