Holmes County Republican. [volume] (Millersburg, Holmes Co., O. [Ohio]) 1870-1895, 1871-04-27
Exciting Liquor Trial.

Attorney for PlaiHti5-J. K. CowAN.
Attorneys for Defendants as follows
George Schnorr.
C. F. WORRIES, for Absalom Censor.
James johnson.
HOAGLAND & ! Conrad Schulel
L, R. CRIrcHF1ELp, fort Jacob schuier.
Mcdowell, Christ. F. Leety
MAXWELL & Es- for Martin Lohaas
. TILL, A. GOnsOr.
, STILLwELL & HoAGLAND, for F. Fritz.
j. w. WORRIES, jr., for Jos. McCann.
This suit began on the 9TH of Decem
Der, 1870, by aforesaid plaintiff, filing
petition against the aforesaid defendants
in which she alleged, in substance, tina
she, Sarah z. Woods, was the wife o
. James B. Woods, and with two children
} was dependent on him for support
That from July 5th, 1870, until Novem
Der 30th, 1870, each of the aforesaid de
PENDANTS, sold and gave Intoxicating
liquors to her husband, which caused
his habitual intoxication during tha
period, whereby she was compelled t.
provide, by her own labor and out O
her own separate means, for her OWL
and her ehildren's subsistence-and wa:
injured in her property, her person and
her means of support-for which she
claimed three thousand dollars.
At the January Term of 1871. n motion
was filed by L. r. Critchfield, and the
other attorneys for the defence, asking
the court to strike out certain alleged
irrevalant matter, and to order the plain
tiff to otherwise amend her petition.
This motion was argued at the January
Term, 1871, by L. r. Hoagland and L.
z. Critchfield, for defence, and J. X.
Cowan for the plaintiff.
The Court overruled the motion, and
the defendants took leave to plead in
thirty days after the term.
At the April Term the Defendants
filed Demurrer to the Petition early in
the Term which was argued by Max
well, Critchfield and c. F. Worries in
behalf of the Defendant, and by J. X.
Cowen on the part of the Plaintiff.
The arrangements in support OF the
Demurrer were based chiefly on two
grounds:
lst. That the Petition did not allege
that the sales by the several Defendants
were in violation of the criminal law,
and if the act of July 4th, 1870, properly
construed, rendered the defendants liable
for sales not in violation of any criminal
statute, said act would be unconstitu-
tional.
,. That a law rendering one defen-
dant liable for sale made by code
fendant, because the liquor sold by the
first united with the liquor sold by the
second in producing the intoxication of
the husband, would be unconstitutional;
the defendants being in nowise connected
in business and one having no knowl-
edge of the sale by the other.
Itwas argued by the defendants coun-
sci that, the act of July 4th, 1870, was
an abuse of the constitutional right of
the Legislature to pass laws to prevent
the evils resulting from the sale of in
toXicating liquors.
The court after hearing a full argu-
ment, pro and con, overruled the de-
murrer, and defendants filed answers
which i'm substance were general denials
of all the allegations in the petition.
The case was set for trial on Tuesday:
April 18th. The Court was occupied
with the trial of another case until
Tuesday afternoon when counsel for
plaintiff demanded special venire to file
the panel of Jurors, several of the reg
ular Jurors being absent. On Wednes-
day morning the following jurors-atter
some challenging-were chosen and
sworn: Fletcher Boiling, John Mast,
William Lisle, John Gindlesberger,
Frey, Benjamin Who'll, Amos Parsons,
Elijah Purdy, Movies, Richard
Shreve, Armstrong Wolgamot, Morgan
Frazier.
The case was opened by statement
by plaintiffs counsel which was fol-
lowed by statements for several defen-
dants by their respective attorneys and
these replied to by Attorney for Plain
tiff.
Wednesday and Thursday were oc-
cupied in the examination of witnesses.
The arguments of counsel consumed the
time of Friday and Friday evening
the jury retiring between 9 and 10
O'Clock. During the argument the cOun-
sci for plaintiff announced that Joseph
McCann would not be held for any part
of the damage claimed.
On Saturday morning the jury re-
turned their verdict, having agreed
during the night-in which they found
for plaintiff the sum of Eight Hundred
Dollars and against Geo. Schnorr, c. F.
Leety, Martin Lohaas, Absolom Gonsor,
Frederick Leety and James johnson.
There is much rejoicing among our
citizens over this result. During this
trial the court room was filled all the
time-sometimes over one hundred Ia
dies were present, and on Friday even
ming when Mr.. Cowen made his closing
speech, standing room could not be had
for all who wished to hear. These de-
PENDANTS had able counsel who did all
that could be done for their clients, re-
sisting and contesting at each step as
the case advanced. But their case was
hopeless-the plaintiff, by her counsel
Mr.. Cowen, being victor at each con-
test and in the final result. The effect
of this verdict is already felt. We be-
lieve it to be the dawning of brighter
day. Whisky has commenced going
back-by the barrel-whence it came.
Dealers have,we are informed, shut down
on vending any more and have been
brought to feel that the business in this
community will be both Improbable
and unpopular.
Who'll, Uhler Il Co.
The Excelsior Corner is the place to
buy goods. The gentlemen are now re-
ceiving mammoth stock ofgoods. They
invite special attention to their stock of
Alpaccas, Poplins, Gingham, Lawns, &c.
Their stock OF White Goods is extensive.