Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1871-12-06
Court Proceedings.

On Monday, Nov. eth, Robert
Gray was tried for keeping a room at
Miles, where liquor was sold in viola
ton of law, and found guilty. Sem
tence, fine Of $50 and costs and stand
committed until both are paid. Por-
ter for State; Ensign fer defendant.
The case of the Admir- of Lawrence
Pagan vs.. R. B. Potter, Receiver,
next tried, was a suit brought to re-
cover damages for alleged killing of
the deceased by the servants and
agents of the defendant. 1t appeared
that in July, 1s6S, Lawrence Pagan,
a young man of twenty-one years of
age, and the main stay and support OF
his father, mother and several brothers
and sisters younger than himself,
while trimming a fiat loaded with
coal at the shutes of Morris & Ward.
Sin Hubbard, was killed by being
thrown from the car and u over,
the car being violently struck by a
train of empty coal cars belonging to
the Atlantic & Great Western Rail-
way, which train was being backed
up to the bank of Andrews & Hitch
cock, and ran off on to the side track
CONNECTED with the road of Andrews
& Hitchcock, belonging TO Morris &
Ward, on which side track stood the
car upon which the deceased was at
work, the switch connecting the two
roads, being open. The plaintiff
claimed that the train was running
at a reeklessly rapid rate of speed
that there was not the usual number
of hands in charge of the train, the
conductor not being aboard, and no
man on the front-car to look out, and
that it was the duty of the men in
charge of the train to look to the
switch and know its position in time
70 stop the train before reaching it.
The absence of the conductor was adj
mitted, but all negligence denied, and
negligence on part of the deceased
alleged, by the defendant. The case
took up the most of Tuesday and
ELECTED considerable interest. Yer
diet Wednesday morning for plaintiff
$1,000. Motion for new trial on part
of defendant overruled, and second
trial demanded. Taylor and Spe ar
for plaintiff; Judge Tyler and a. w.
Jones for defendant.
Almira futile was granted alimOny
peRdente lite in the sun of $50, against
]. P. futile, and cas- continued on
question of divorce. Ensign for
plaintiff; Judge Glidden for defen-
dant.
Samuel Simmons was tried Tues
day, on charge of keeping room where
liquor is sold in violation of law, and
acquitted. Porter for State; Taylor
and Ensign for defendant.
On Monday the Ops, Willoughby,
Caroline, Philip and Abram, of Miles,
were tried for keeping room where
liquor is sold in violation of law.
Verdict, guilty as to Willoughby and
Abram, and not guilty as to the others.
Porter for State; Ensign for defen-
dants. Abram sentenced to $50 fine
and costs. Sentence of Willoughby
postponed until 18th.
Richard Lloyd plead guilty to SELL
ing liquor to a minor, and to a charge
of selling to be drank where sold, and
was fined SO and costs in each case,
and to stand committed until fine and
costs are paid.
Flora Drake was granted divorce
from Charles Drake because of fraudu-
lent contract and naughty conduct on
part of Charles. Ensign for plaintiff.
The case of Margaret Ramsay VS..
David Ramsay, divorce and alimOny,
was next tried, and attracted much
attention as well on account of an
interesting law point involved as on
account of the facts elected. 1t SEEM
ed from the proof that the parties
MEIt uGlIlEu III 1901. III DtdNCl GOuL-
ty, Pa, where they lived for some
years, subsequently moving to Mercer
county, near Greenfield, and from
there, in the spring of 1870, to Hub
bard, in this county, on to a large
farm owned by defendant He had
been for many years a hard drinker,
at times being very abusive towards
the plaintiff, using language which
witnesses and counsel declined TO re-
peat, and she sometimes giving way to
outbursts of temper towards him, and
sometimes enduring in silence. In
1861, she left him commencing a suit
for maintenance in Mercer Common
Pleas, which, however, was settled
before trial, written article of separa-
ton being duly signed and sealed by
the parties, by which in consideration
of his securing by bond 10 her sepa-
rate use. the sum of 5000. she agreed
to release all claim, present and pro-
spective, to his property, real or per-
sonaL. On the evening of the day of
settlement he went to see her and by
profuse promises of better treatment
in the future, induced her to return
and live with him, which she did
until last October, when, their chill
dren having all become of age, the
youngest daughter being married, and
the defendants habits growing worse,
she again left him and commenced
this proceeding. 1t seems that the
bond executed in 1861 had subse-
quently been exchanged for n for
5000, but nothing had ever been paid
by defendant on either. The defence,
admitting the drunkenness made
good ground of divorce, cOntended
that the. agreement Of 1851, with the
subsequent renewals of the bond,
barred plaintiff from any claim be-
yond the amount of the last bond,
while plaintiff claimed that the resum-
ing-of marital relations had the effect
to abrogate all the covenants Of plain
tiff in the article of 1861, creating
new equities, and emitting her to as
ell o1s.o,- ,= FbanrI The arfia1a bod /