Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1868-05-28
District Court, clinton County
May Term, 1858.

! "NhiA " NiNf'i /" NN't5N ~ II N-.,--
Presiding. Corwin and Wipans
Judges Common Pleas.
John Ovens u.s. The Incorporat
led Village Of Wilmington. Thi'
lis a petition IN error to revise th'
Judgment of the Court Of Common
Pleas.
It appears from the petition and
THE record attached, that on the ID
day Of December, 1863, an ordi
nance was passed by The council oi
said village, tile first section ol
which provides, That all ale, beel
land porter shops and houses, with,
fin the limits of said village, az;
hereby made and declared to be un'
lawful, and the same are hereby pro
hibited; and if any person, or per.
sons, by agent or Otherwise, shall
/ within the limits aforesaid, keep any
such ale, beer or porter shop OF
Ihouse,he, she, or they, shall, on
conviction thereof, before the May
Tor Of said Village, OF other proper
officer, be fined in any sum NOT less
than twenty-five dollars, or more
than fifty dollars;" and which said
ordinance took effect January lst,
1854 that on the 23d day of April,
1866, an affidavit was made and fled
before the Mayor Of said yilIage,by
jeff. Hildebrant and others, charg-
ing that the plaintiff in error, "did,
on the 9TH dayof July, A. D., 1865,
and from that day until the 1st day
of january, 1866, within the limits
Of the said incorporated village of
Wilmington, keep an ale house, CON
trary to the ordinance Of said VIII
lage, &c" That such proceedings
were thereupon had, that upon the
1st day of May, A. d., 1866, the
said Mayor, adjudged guilty as
charged, and fined thirty-fve dol
.,',s' ~ a,o s'i i" ~ tSo Court Of
~. C,o,,,,,, ~ f5leas tbot afterwards. at
tho o Noye,nher form Of the Court of
C,ommon Plcos a d 1866. an
: orreaJ statement of facts was SION.
cd and fIed in said cause, and
Conr, ~ foIlows
"Within fbp limits Of tbis incor-
noroted VILLAGE If wilmington. in
tbo comfy of Clinton and State Of
Ohio ran tbe 1st DIV of Jnlv. A.
y 1S65 10 the 1st day of January.
1gG6 Jobn Owons tho defendant
1rlointitF in error was then owner
md occnnicr of n bouse. or room,
in which the said John Owens dai
ly, during the time aforesaid, as his
principle business, disposed of and
sold to any and all persons call
ing for the same, Except minors
and persons in the habit of getting
intoxicated,) ale and beer, by the
glass or drink, to be drank, and the
same was drank, in the place where
sold and at the time sold' Whicn
statement was agreed TO pc taken as
and for the testimony IN ana upon
the trial Of salq cause ana thas
afterwards, at the March term OF
said Court, 1866 George q smith,
Judge presiding alury beng Walv-
cd, this cause was submitted 70 tne
Court upon said agreed statement
Of facts which was the only evil
dence submitted by the partles i
and the Court thereupon did find.
that the defendants (plalntl1 IN er-.
ror ! ''dlq .lgH' Keep an ale.nouse, con
trarY 70 me 9rolnFnce I, oL sag W
lage ana adJuugeo Slls1 1ne 'l"ln-
VI " recover d q. 3er aeIenpans 'ne
penalty OF thlrty.lyc ooilarS' %c' q
!, 1Pe errors aSsi ignep .aIe M,
'lst' 34hat said s0oufV erreo ' ~ (,
hoclalng hoc'l'atll thaS salq lacVs ess aS syalgu,
constltnte.an onehce puhlslaole ~
Htaaf ne a ii