Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1869-03-31
Court Proceedings.

former trial, and the ease was SAarp-
. ly contested. The jury returned Il
verdict of not guilty, which was just
+ ~ deemed a triumph by the defend
ants counsel, Messrs- Taylor & Jones,
rs an acluitial in a bastardy ssit is a
rare occurrence. Stull appeared for
complainant.
The next case was that OF the Admir-
of Martin Joyce vs.. Charles Kelso
ct al. This suit was brought TO re-
cover money paid by plaintiffs dece-
dent under circumstances substantial
~ a follows: The defendant kelsO, a
resident of Kent, Portage county, dU-
ring the war, hired Martin Joyce TO
enlist as 4 recruit to the credit Of
Kent township and paid him 1882,
bounty money. Learning shortly
after that Martin was a deserter and
bounty jumper, KelsO induced him
to pay back a part or all of the money
which he did with much reluctance.
Meantime Joyce had been mustered
in at the Provost Marshal's office.
Plaintiff claimed that Martin actually
rendered the service to the Govern
ment, and that the money was forced
from him by Kelso. Defendants al
legged that Martin owed the, service to
the government on a former enlist
ment, and never had any right to the
bounty money, and obtained it under
false pretenses. The jury seemed to
take the latter viewOf the matter, and
gave a verdict for the defendant. To
suppose that a loyal jury of Trumbull
county would do otherwise than this
jury did, must have required some
hopefulness on the part of the plain
tiff: Fuller & Moses for plaintiff;
Ensign for defendant.
On Wednesday the ease of Lewis
burst vs.. Daniel Keefcr ct al, was .
tried. This suit was brought to re-
cover damages for an alleged breach
of contract for threshing grain.
Verdict for plaintiff for S5,Il. Fuller
& Moses for plaintiff; H. Norton and
F. Z. Hutchins for defendants.
The next case tried to a jury was
hat of VIM. Cater vs.. David Buell..
PlaintiT claimed that in June, 1865,
he purchased of defendant a note
against one j. Mullen for S2l5.23, pay
ing for it a pair Of horses; that as an
inducement to the trade defendant
represented that Mullen was pecunia-
rily responsible and able to pay all
his debts; that he, plaintiff, wa
ignorant of Mullen's pecuniary cir
cumstances, and relied wholly on
Buell's representations ; that in fact
Mullen was wholly irresponsible, |
which was well known to Buell. at
the time, and that he, plaintiff, had
been unable IL collect the note. De
PENDANT denied the representations.
and alleged that plaintiff took the
note on his own responsibility
Messrs. Jones and Taylor managed
case for plaintiff and F. Z. Hutchins
for defendant. Verdict for plaintiff
S2l9.G7.
On Friday another bdstardy case
was tried. The complainant was Dill
lie Hess and the defendant Hill Mer-
Ger. The case went to the jury on testi-
monty of the complainant and with
out argument. After an absence OF
five minutes the jury returned with a
verdict of guilty. The defendant was
then ordered to pay for benefit OF
complainant, 500 in installments,
and the costs, and stand committed
to Jail until paid or secured. The de
PENDANT, not being able 10 respond,
and not wishing to remain i'll Jail,
made application to a Commissioner
or Insolven.s, and obtained his lib
erty.
The case of the Penn. x Ohio Canal
Co. vs.. Henry Wood attracted some
attention, as it involved questions af-
fecting many persons along the Canal.
The suit was brought TO restrain the
defendant from removing stone re-
naming upon land formerly occupied
by the canal, but which reverted 10 the
defendant upon the abandonment 10y
the company of the canal, and Il tenn
porary injunction was granted. The
plaintiff sought upon trial to have
the injunction made perpetual. The
case was argued eXhaustively and
and with ability, by Messrs Taylor d
Jones for the plaintiff and by Mr..
Beaver and NJ. Sutlif for the defend
ant. The court held in substance
that the defendent had a lien i'm some
sort upon the stone for the Milling up /
OF the canal, and restoring the land
to its former condition, refused to
make the injunction perpetual, and
dismissed the petition. ,
An appeal cast from the Probate
Court arising upon exceptions to the
settlement of the Admir- of Benz.
Pulsifer's estate, was heard and de
cided. The will of Benjamin Pulsi-
fer provides, after two or three
small requests, that II half of the
balance shall lie given TO the Eclectic
Institute at Hiram, and the other
half to the Home State Christian Mis-
sionary Society of Disciples in Ohio.
The Admir- had paid Sl393.36 to the
institute and the same amount to II.
r. Sloan, Sec'y OF the Christian Mis-
sionary Society, and the heirs of Pui- =
siier excepted to the Adm'rs settle
ment as TO the last payment upon the
ground that there vas no person, nat
ural or artificial, capable in law Of
taking the supposed devise under the
will, and the court below sustained :
the exceptions. From this ruling an e,
appeal was taken to The Common f,
Pleas Icy the Admir-. Judge FUTILE
decided the matter substantially rs
decided below, sustaining the excep- ,
tions. Taylor & Jones for Adm'r;
Beaver for the heirs.
On Saturday quite a number Of d.
vorce suits were tried. Madison Ged- {,
des charged Catharine Geddes with
extreme cruelty. The parties live in