The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1870-11-17

ed until her trial. The jury returned verdict
ofnot guilty. Jones, IFastings and Laird for the
State, DuHadway and DUNCAN for defense.
State of Ohio VS.. Lawrence Gray and John
Caldwell. John Caldwell resides in Chillicothe.
He was the inventor of certain implement for
which he had patent. He sold the right OF
Jackson county TO Harrison Nickel, for 500, and
took his promissory notes, made negotiable.
About the same time, Gray sold his house and
lot in Berlin to Nickel for $500. Caldwell desired
to cash the Nickel notes. Gray introduced Cald-
we'll 10 Samuel McGhee, who cashed the notes.
McGhee thought that the notes were given by
Nickel for the lot. 4.
There is a Statute whiclfS requires all notes
which are given for patents to have that fact
plainly written orprinted on the face ofthe note,
and any person who gives or takes such notes,
knowing what ttheconsideration is, without hav-
ing the same written or printed on the face of
the same, is guilty of q misdemeanoT. Caldwell
was aware ofthe Statute, but he had been adj
vised that 1t was only intended to be of vitality
between the parties, and he drew up q papef,
which Nickel signed, agreeing TO waive the oper-
alton of the Statute.
Counsel urged that ii was only technical Of
fense, an ofense at all, and that there was no
criminal intent on the part of Caldwell. The
Court charged thejury that Caldwell and Nickel,
no matter how honest their intentions might
have been could not waive the operation of the
Statutes ofthe State Such proceeding is con-
traIy to public policy, and void. The intention
of the Statute is, to protect all persons. Such
paper must bear upon its face, for the protection
of the public Its ruetharacter.
Gray testified that he had no interest in the
iuVv nado ~ 10
as to Gray, and guilty as to Caldwell. Caldwell
was fined S25 and costs. Jones for State, DuIIad-
way and Laird for defense.
Lucius Reed vs. George RupreGht and Abra-
ham Ditchal. The defendants Kept saloon,
eating house and billiard room near the Depot
In Jackson. Leroy Reed, a son of the plaintiff,
had difficulty with one McCollister Hum
phreys in the saloon of defendants, and plaintiff
was in the saloon at the same time. The parties
were intoxicated Defendants ordered the Reeds
to go out, and attempted to put them out. Ditch
al struck old man Reed, the plaintiff on the
forehead, with club, injuring him considerably.
Plaintiffs counsel claimed that Reed was doing
nothing wrong at the time, and that even If he
were doing so, more force than was necessary
was used TO eject him. Defendants counsel
claimed that the plaintiff was taking part in the
difficulty, and that no more force was used than
was necessary under the circumstances
This was a second trial The former verdict
was in favor of the plaintiff, assessing his dam
ages at S40 Verdict on this trial in favor of de-
PENDANTS.
Trpp and Laird for plaintiff, DuHadway for
defendants.
Samuel Mo ,barger VS.. David Lewis Co. This
was second trial. 1t was in reference to the
measurement of q coal bed. After plaintiffs
counsel had offered some oftheir testimony, they
found that they could not prove the size of the
coal bed by the testimony they had and they
asked to withdraw juror and have the case con-
tnued, which the Court granted, by plaintiff
paying costsof the present term. DuHadway
and Tripp for plaintiff, Maclzley and Hutchins
for defense.
Claypool Mackey & Co. VS. Caroline G. SayloI
ct al. Johnson Wade appointed receiver of the
property, being a part of the Sylvester property
in jackson. Laird for plaintiff
John Basquill VS.. Porter DuHadway and wife
Settled and costs paid.
Sarah J. Thomas VS.. Martin Culp. Settled and
dismissed as per agreement on file.
James II. Webb, Administrator of Joseph Har-
rison, VS.. Glen Baker, ct al. Dismissed at costs
John Peters ct al VS.. Charles Fox ct al. Contin-
ued.
John Elaarvs. II. L. Barns etal. Continued for
service on Barns.
j. W. Webb, Receiver, VS. Iron Valley Furnace
Co. Continued for service.
State of Ohio VS.. Abraham Ditchel. Selling
liquor. Plea guilty. Fine ten dollars and costs
State of Ohio VS.. Charles Messer Three indlct-
ments for selling liquor, near Monroe Furnace
Defendant failed to appear, and recognizance for
feited.
State of Ohio VS.. John Evans. Assault on John
]. Morgan. Defendant recognized for his appea-
rance at next term, In the sum of $500
Trustees of Original Surveyed township Of Lick
Ex Parte proceedings to sell School Lands. Re
port efappraisers confirmed. Trpp for petition
ers.
Huston Smith VS.. Andrew ]. Dever Set
tied and dismissed as per agreement on file.
Augustus C. Van Dyke, Rec, vs.. VIM. II. Pal
mer, Judgment for sl7O,9j.
Jacob II. Kicker VS.. Fulton Furnace Co. Judg-
ment on warrant ofattorney for ,Ss. Order
of sale to be issued TO j. E. Ferree, as Master
Commissioner.
Sarah Jones VS. Daniel p. Jones. Petition fol
divorce, charging willful absence for more than
three years. Divorce granted. Tnpp for peti
| ttoHer.
John L. Long VS.. Elijah D. Meachom.
| Continued.
William H. Brewn ct al, VS.. AlexanderS S. Kyle
/ Leave to amend petition in 30 days, and contin
sued
John w. Jones VS.. Charles Hunt, Thomas Ow
ems and James Hunt. Judgment against Charles
Hunt for S27Ba6.
| John W. Jonesvs. Charles Hunt, Thomas 0w
ems and Edward Hunt, administrator of james
Hunt Judgment against Charles Hunt for 1858
Porter DuHadway and wife vs.. Harrison II
| Fullerton and wife. Continued at Plaintiffs
| costs.
Eliza Titus VS.. Virginia Titus ct al. Sale con
fmed, and Jacob A. Sell Trustee gave bond in
the sum of two thousand dollars, and ordered tC
execute deed to purchaser.
Groenberly ], Delay VS., Luke Garrett. Thi
was case appealed from Justice of the peace
ON the 7th of June, 1869, the county Commission
ers were asked to establish two county roads IN
| Scioto township, running In part through the
lands of Dalay and Tilman Culp. The viewer
had allowed damage TO Culp of twenty-five
dollars, and to Delay of ten dollars, Garrett, th
defendant, was interested In getting the road
established. Theroads were about to fall through
because these damages had not been paid or Sc
cured to be paid. On that evening, June 7th,
plaintiif and his two sons testified that defend
ant passed glalntltI's house, stopped there, ant
then agreed to pay plaintiff ten dollars, and Gull
had before consented that If Delay would reln
quish his claim, thathe, (Culpl would relinquisl
his claim. Defendant denied the contract. TrieC
by the Court. Judgment for plaintiff for the tel