The Republican journal. [volume] (Belfast, Me.) 1829-current, 1872-05-02
Damages for Liquor-SeIIing.

The Woodsfeld Spirit OF Democracy
gives the following account of the first
trial in Monroe County under the Ohio
Law. The synopsis OF the evidence and
OF the Judges charge are of general in
terest:
The parties to the suit were SnSannah
=. Lowe, wife OF Charles w. Lowe. of
BraIlsviie, this county, against L,ui-
Wollenweber. of the same place.
THE PETITION
set FORTH among other things, that snhe
plaintiff is the mother of four children !;
that plaintiff and said children are wholly
dependent upon said Charles w Lowe
for 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 lionors
~ violation OF law; whereby sail Charles
w. Lowe became and wa, Intoxicated and
rendered unfit to attend to his usual bust
ness, whereby the plaintiff was greatly
and materially injured in her means of
support. and in the means of support of
her said children.
THE TESTIMONY.
The evidence was entirely circnmstan-
tlal. Miss Emma l. ,we testified that in
the spring Of 1871 She went to the defend
ants saloon for father to come to dinner;
he was standing by the counter, a glass
was before him that contained something
led; did not see him drink; went ont and
lett him there.
Mr.. McDivitt testified that he had fire.
qnently been in Loves shop; Lowe would
start for liqnof and say he was going to
defendants for it; when he came back he
would say he got it at defendants; but did
not see him 60 into defendants house.
The Court ruled that statements by Lowe
to witnesses would not be admitted AS
evidence
Mrs. Williams had seen Lowe 90 into
defendants place often; as many as four
or five times in forenoon; was intoxi-
Gated at times when She saw him there,
but did not know that he obtained liuuor
there.
Mr.. Armstrong (and the other witness
esq testified that they had seen Lowe at
defendants, but had not seen defendant
sell or give him liquor; Lowe was drunkS
ard, and his family were in destitute cir
cumstances, owing to his drunkenness.
Mr.. Wisener testified that he went into
defendants place one day and saw Lowe
in th' act OF taking a tumbler from his
mouth did not know what it had contain
ed; saw him about there often.
MIR. Wolenweber was the only witness
placed upon the stand for the defendant.
and he testified, positively that Lowe had
not been in his place more than four or
five times, and that he had not sold or
given to him any liquors within the time
charged in the petition
THE CHARGE.
The Judge charged the jury, among
other things, that a wife has an interest in
her husbands capacity to perform labor
is means OF support, and She my prose-
cute an action tor damages resulting from
the deprivation Of such means of support
in consequence of the intoXicaton of her
husband and in considering the question
of injury to her means Of support it is not
necessary for wife to show that she has
been, at any time, in whole or in part,
without present means Of support 1t is
enough that her means of fu'ure support
have been cut off or diminished below
what is reasonable and competent in her
station in life, and below what they would
otherwise have been; and the rule Of dam
age in such case should be, not the amount
Of loss occasioned to the husbands estate,
but the dimnution thereby resulting to
her means of present and future support :;
and liability of the defendant is not CON
fined to cases resulting from drunkenness,
immediately, and during lis continuance,
but extends, as well, to cases where the
injury results from sickness OF inability
induced by intoxication.
And if the jury are satisfied that the
plaintiff shows a right to recover Tor dam
ages actually sustained, they may 90 still
further, and assess exemplary damages,
without proof of special circumstances of
aggravation.
THE VERDICT.
"We, the Jury in this case, being duly
impaneled, sworn anf affirmed, do find
the defendant, Louis W"llenweber, guilty
of the wrongs in the petition charged, and
we assess the plaintiffs damages at six
hundred dollars
A man who was told by a clergyman to
rem-mp per Lots wife, replied that he had
trouble enough with his own without
remembering other mems wives.
An English writer advises young ladies
to look favorably upon those engaged in
agricultural pursuits, giving as a reason
that their mother Eve married Il gardener
He forgot to add, however, that the gard
ener lost his situation in consequence of