The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1869-11-17

COUNCIL CHAMBER


OF Thomas Patton, as to prospective
| damages on High street by grade-referred.
OF Dannemillers. Davis & Son, and
Kimballs, complaining of encroachments
on their lots near railway referred &c
| city engineer.
The bill to accept Shorb's addition was
read second time. The bill to establish 6
grade for Walnut street was read first time.
On motion the rules were suspended and
ne bill was read the second time
The following bills were allowed:
Warner s. Knott, gas fixing. IS 1C
Linedecker & Bel, for bridge. . PA SO
| s Kaufman, horse feed. ...... II %
On motion the clerk hereafter issue or
ders for horse feed bills whenever presen-
ted.
Committee on account of city officers
approved the report, and account state
ment of street commissioner Anthony.
Mr.. Schaefer moved the report be APP
/ proved
Mr. saxton objected and wanted an or
der issued for the amount claimed by Mr..
/ human.
President Worley said the street com
missioner was always behind, the city al
ways owing him several hundred dollars
before his report was allowed and ordered.
Mr. Schsefer's motion was approved
Tie bill of Mr.. Prutzman, for making
keys Tor calaboose. 1915, was allowed
Mr.. Worley desired to state before try
ing the city marshal, that the council
should determine how to proceed, either
under the statute or under ordinance to
stop pay. (AIr. Worley read from statute
requiring ordinance before trying city of
ficers Tho council has made no such
provision, and he thought could not pro-
ceed under il. The question then is, how
we shall proceed, was not clear as to
whether our own ordinances are not of
non effect.
Mr. Wyant moved this case be dismiss
cd Mr.. Lindeman seconded.
Mr.. Schaefer said this is q new born
child. We have started this matter under
the ordinance The first motion he made
was TO cut off the paw of the marshal -
What change may have come over some
members of the council he knew not. The
charges are fiagrant, reprehensible, and
the council ought not to sit here and close
the case. he at this stage did not care if
the wolves and all the whelps in this town
howled-was here under oath and was not
to be scared; the council ought not to
make child's play out of this; the witness
ses are here, and if we do not make case
l will vote for his acquittal.
President Worley stated the case.
Mr. Saxton was in favor of dismissine.
The gentleman said he Is not to be scared,
neither was he (AIr Saxton) he never
thought there was anything in the case -
thought it was brought up in improper
motives One charge in the beginning
was that the marshal was sometimes out of
the city. The statute allowed the marshal
to go anywhere in the State to make ar
rests. Mr.. Saxton read from the statute.
The vote on Mr.. WYant's motion was
lost. as follows:
YEAs-Lindeman. Saxton and Wyant, 3.
NAYS WOTley, Sehaefer, Hawk, My
ers and Shimp, 8.
The President said-The case against
The marshal is for trial. Has Mr.. Oldfield
an answer prepared9
Messrs Comerford & Baldwin appeared
as attorneys. Mr.. Comerford read the an
swer
Solicitor Lynch-Shall we try under the
ordinance or under the statute2 President
Woriey said under the ordinance.
Mr.. Lynch called witnesses. Two i'm
portant witnesses were NOT. present, and
Mr. Lynch wished to know whether the
COuINA NOuA0 lAOCCGNA-
Mr. Schaefer moved to continue the case,
and it be the special order for next Mon
day evening.
Mr.. Baldwin hoped the council would
go on with this case The council had
adjourned it three times already, and Mr..
Oldfeld now demanded q trial. The mar
shal was here, ready to know his fate
Trot out your witnesses, you have
had time enough TO prepare this case, and
he did not see the necessity of this delay.
Mr. Lynch said he had only read the
answer some half an hour ago, he thought
= delay quite proper. and the defence had
no right TO complain.
The motion TO continue one week, and
to make it the special order was lost.
YEAs-Schaefer, Hawk, Myers and
Shimp.
NAYs-Worley, Lindeman, saxton and
Wyant.
Mr. Comerford gave notice to The coun'
Gil of protest to all this proceeding under
the ordinance.
Mr. Lynch called A } Lothamer, spec
ial policeman, who was sworn and testified:
with policeman Greek was passing five
points, corner 9Th and Cherry, and heard
| fighting in Orth'5 saloon, went in, and
found an Irishman and George B Plat
fighting. arrested them AID put them in
caiaboose, after they were in, marshal
Oldheld came and got key and let Plat
out, Oldfield said he did not care for Platt,
but only for his sister and brother. Gross
examined by Baldwin. Only one room
in city lock up, prisoners had q good
chance to fight il out Were calling eact
other then very hard names.
B. +. Greek sworn-Testimony abou
the same as that of Loihamer. Cros
examined by Mr.. ComerfOrd. Might have
fought in the lock up; Oldfeld nigh
have said they were about to fight ant
might hurt each other Platt was at tn
Mayors office next morning and paid hi
fine.
Thomas Patton. Jr., sworn by Mr.. WOr
ley, and testified to seeing Messrs Oldhel
& Eiteneier taking two women from 81
Cloud. SIr Ely gave the women in thei
charge; last I saw they were about th
Jail. Cross examined by Mr.. COmerfOrC
Was not on very good terms with Mr.. Ok
field. Oldlield ordered mt away, an
threatened to arrest me and put me in ia
if did not go.
EiIeneier Deputy marshal {
city, called to St. Cloud Hotel last Angus
Ely gave two ladies to HIM and Oldfield
i l lOOh AANlu uONn 6NANCN AGAA lAAC laAAA AL
e consulted together, and made out they hl
no right to put Them in jail; at their r
| quest took them down Town where the
said they could stay
MIR. Ely sworn-Two women took roo
one Saturday night in August, and ne
y day sent for marshal Oldfield, and to
him to take these things out of the hou
which the marshal did
Mayor Sayier sworn for defence-W
told Mr.. Oldfield had taken Platt out
lock up, Platt appeared next morning a
d was fined S. and costs. My general ord
|. 10 the police is, when arrests are made
= night to take security or pledge for tn,
# appearance next morning, if safe a
J. proper TO do so. Cross examined by d
# Lynch. Hardly ever hears any case aft
e night The police may let prisoners +
e till morning if those arrested shal appe
= in the morning, as city lock up is in b
!, condition, only last night several prlsOnt
d got out, whiting out with pocket kni
IS In every case where those arrested VIZ
Is released on pledge, they have appeared
10 court.
The case was submitted without ar
ment