The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1872-04-09
THE VERDICT 5000


The counsel in this case we're VIM. F
HUNTER, Sr and VIM. f. HUNTER, Jr., fo
the plaintiff, and
WILLIAM OKEY and j. P. SPRIGGs
Esqs., for the defendant.
THE JURY.
At 10 o'clock the Jury had been EN-
panneled and was composed as follows:
ADAM; ;MEssNER. THOMAS A. WAY.
N. p. LIsK. THOMAS LITTLE.
DAVID STEWART. SIMON 2. WooD.
O. F. FLINT. WILSON S WILEY
JAMES r. SMITH. LEWIS JOHNSTON
JACOB FISHER. JOHN DoHEETY.
The parties to the suit were SUsANNAH
E. LOWE, wife of CHARLES W. LOWE, O.
Beallsville, this county, against LoUI:
WoLLENwEBER, of the same place
THE PETITION
Was filed February 90, 1871, and SCI
forth, among other things, that 1.-THE plain
tiff is the mother of four children; that
plaintiff and said children are wholly de-
pendent upon said CHARLES W. LOWE fol
support and maintenance, and that within
the year last past the defendant has SOLD
and given to the said CHARLES W. LOWE
at divers times, Intoxicating liquors in
violation of law; whereby said CHARLES
w: LOWE became and was intoxicated
and rendered unfit to attend to his usual
business, whereby the plaintiff was great,
ly and materially injured in her means OF
support and in the means of support OF
her said children" And further, "plain.
tiff says she has been injured by the
wrongful and, unlawful conduct Of defen,
dant as aforesaid, in the sum of fifteen
hundred dollars"
THE ANSWER
OF the defendant says "that he is not
guilty of the said supposed grievances
in and by said petition laid to his charge
nor any or either of them, nor any part
thereof, in manner and form as the plain,
tiff hath therein complained against him,
and of this he puts himself upon the
country" &c.
After the counsel for plaintiff and de
fendant had stated the case to the jury
the examination of witnesses commenc.
ed. The prosecution placed upon the
witness stand Mrs. LOWE, Mrs. VII
LIAMs, Miss EMMA LOWE, Mr. W. B. Nc.
DIvITT, Mr.. THOMAS ARMSTRONG and Mr.
ISAAC WIsENER
THE TESTIMONY.
The evidence of these witnesses as to
the selling or giving of liquors by the
defendant to CHARLES W. LOWE was en-
tirely circumstantial. ..--
Miss EMMA LOWE testified that in thu
Spring of 1871 she went to the defend
ants saloon for father to come to dinner
he was standing by the counter, glass
was before him that contained some
thing red; did not see him drink; wen
out and left him there.
Mr.. McDIvIrT testified that he ha(
frequently been in LOVES shop; LOW
would start for liquor and say he wal
going to defendants for it; when hi
came back would say he got it at de
PENDANTS; but did not see him go into
defendants house. The Court rule(
that statements by LOWE to witnesses
would not be admitted as evidence.
Mrs. WILLIAMS had seenLowE go int
defendants place often; as many as fou
or five times in q forenoon; was lntoxi
Gated at times when she saw him there
but did not know that he obtained liq
uor there.
Mr.. ARMSTRONG, land the other wit
nesses) testified that they had seel
LOWE at defendants, but had not seel
defendant sell or give him liquor; Low
was q drunkard and his family were il
destitute circumstances, owing to hi
drunkenness.
Mr.. WIsENER testified that he wei
into defendants place one day and say
LOWE in the act Of taking a tumble
from his mouth; did not know what
had contained; saw him about there OF
ten.
Mr.. WoLLENwEBER was the only vii
ness placed upon the stand for the de
fendant, and he testified positively tha
LOWE had not been in his place mer
than four or five times, and that he ha
not sold or given to him any liquors
within the time charged in the petition
THE ARGUMENTS.
The evidence was all in against tw
O'Clock p. m., at which time the CounsC
commenced their arguments to the Jury
and concluded at half past three o'cloc
p. m.
THE CHARGE.
Judge CHAMBERS charged the Jury g
follows:
GENTLEMEN OF THE JURY This actio
is brought by the plaintiff, Susannah ]
Lowe. to recover of the defendant, Lou
Wollenweber, damages for alleged il
Jury to her in her means of support, b
reason of the intoxication of her hu
band, Charles ". Lowe, which, as