Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1871-01-06
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ASHLEY u DtC. III Aofos
Eds. Gagettes-0n Tuesday last, the
18th inst, our usually quiet and pleas
ant Iittle town was the scene Of 8 law
suit which excited great interest, and
not a little c0mmotiOn among the na-
lives. not less on account of its pecu-
liar nature than its very faKoFa PIE
termination for the plaintlh. me MS
tory of the case runs thus: On Ff1oa9
last the 23,l inst Mrs. elizabeth Crat~
10 broupht suit against Messrs. " %.
Sehmint and Frederick Houek, Saiooh
-aeneTs in this place, before Il. A
SehebIe, Mayor, under the late amen
dat,1ry act providing a ans the eEIls
TesoIJinar from she sale of Intoxicating
lio,,ls,,s razsed April 18th. 1870. and
which took effect July 4th, 1870, claim
ir,,y eIaTnag es in the sum of three hun
dred dollars, resulting from the safe OF
intoxicating liquors by defenoant 70
the pIainti4fs' husband, Samuel r.
Crafty. The defendants upon being
sum uloned went to Delaware and pro-
cured able and efficient counsel in the
person of r. f. Hurlbutt to assist p.
Q. Bradley in their defence.
The plaintiff employed as her coun-
sci AIessrs. w. K. Hill, of Ashley, and
day of the trial, before the case was
called, defendants by their Attorney
filed their afhdaVit that they believed
they could not have fair and impair
tial trial in this township on account
of the bias and prejudice of the inhab-
itants and asking that the place of tri-
al be changed to some adjoining town
ship, The Mayor having more conf
dence in the good people of Oxford
township than that expressed in de-
fendants' af1idavit, did not grant their
request. Thereupon defendants fled
their afidavit that J. A. Scheble, May
or, was material Witnes for them and
asked that a change of the place of trial
be granted, which was accordingly
done, and it was ordered by the Mayor
that the trial take place before John
Corbett, a very efficient Justice of the
Peace, of this township. Mr. Corbett
was Immediately notified of the above
proceedings and came forward and oc-
cupied the bench and called the case.
The plaintiff demanded a jury and in a
chosen: John d. RosenVelt, William
Smith, Abner Morehouse, VIM. Elliott.
! H. Baxter, and A. Aldrieh. q
| By this time our new Township Hall,
| (which, by the way, is a very nice and
spacious ro0m,) was full to overflow
ing with anxious spectators, men, Wo-
men, and children, old and young, all
eager to hear the proceedings and
know the final result.
At the expiration Of an hour from the
time Of delivering the Yinure to the
Constable, four of the jurors had re-
ported and the constable returned the
ntheP two "nOt found, !" thereupon
/ Messrs. Coomer and Bradfeld we're
chosen to make the jury complete the
tiury were then sworn and 1t being Z
lo,oioolk, NJ, the court adjourned till /
o'elock, p, ~
At O'Clock the case was again cal-
/ led. The audience was much larger
I than In the forenoon, the female Por-
I tfOm cs rIIe. Community naV1ng mucn
| larger represe ntatiOn.
Mr.. Coomer, one of the jurors asked
10 be excused from the jury, which
chosen in his stead. The case being
then ready for trial, Mr.. Seheble stated
plaintiffs case to the jury and the ma
terial facts which they expected TO
prove. Mr.. Hurlbut stated defen-
dantss grounds Of defence. The plain
tits, witnesses Il or Is in number,
were then called, all of whom appear
ed and were sworn, except plaintiffs
husband, samuel r. Crafty. who refu-
sed to appear and who was subsequent-
ly arrested and brought into court
The evidence on the part OF the plain
tiff was strong and conclusive, as the
result of the trial viii show. The de-
fendant and several others were sworn
and examined on the part of the de-
fence but their testimony failed to dis
prove any of the material facts estao-
iished. by plaintiff, but rather served to
i Il
Plaintiff then examined several wit
nesses in rebuttal when the evidence
in the case was closed.
1t sbeing O'Clock, P. NJ, the court
adjourned till O'Clock, p. NJ.
At the appointed hour the court
! again opened.
tOur correspondent here gives review
ofthe argument Of counsel, which our linn
tied space compels as to omit. EDITORS
! GAzETTE.1
The Justice having charged the jury
in manner which did him great cred
i it, they retired to q room in the hotel,
which was kindly provided by our po-
| lite and accommodating hotel-keeper,
/ Mr. J. NJ. Eckels.
The entire audience remained at the
courtroom anxiously waiting for the
return of the jury. After having con-
/ suited fabout an hour and a half the
/ jury returned with verdict of $500 90
/ in favor of the plaintiff.
When the verdict was announced by
/ the Justice demonstrations of ap-
! plause were made by almost the en-
i tire audience.
| The ladies of this town deserve great
credit for the sympathy they express
sed for the plaintiff by their presence.
The verdict gave much satisfaction to
all who knew the circumstances of the
case and were conversant with the
oegrada6lon, shame and poverty under
which the plaintiff labored through the
continued intoxication of her husband,
who aside from his habit of drinking,
and when sober, is good husband and
kind father.
1t is hoped that this viii prove les
son to these defendants which viii de-
ter them, hereafter, from selling in
toxicating liquors to those who are in
the habit of becoming intoxicated.
e.
FROM WARyavTLLE.