Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1873-03-19

- 49, 1888 ~ ~
ed marriage in 1850, had a husband
living; that defendant Margaret was
married, in this county, in 1860, to Al
fred Redman, by whom she had several
children, four of whom were still living,
and that Margaret held a portion of the
lands in question as dover assigned to
her as widow of Redman. and Edward
the remainder of the lands by purchase
at administrators sale. Pl>intif's mar
riage with Redman was duly shown, and
she. admitted that ten er twelve years
previous h was married TO one Bartol-
omey Romany, who, a few weeks after,
was found guilty of a felony and trans
ported 10 Van Dieman's Land for life,
and from whom she had never heard
since, though she had, before her second
marriage, made inquiries as to him of
ms former partners in bust ess. Mar
garet's marriage with Redman, in 1860,
WAS also shown; the fact as to the CHILD
reu as Canned, and the manner In which
defendants held the lands.
One important question in the case
was whether the man ROmsny could be
regarded as dead, not having been heard
from for over seven years prior to the
second marriage OF plainIif-the plain
tf's counsel claiming that his death
might fairly be presumed; while coun-
sci for the defendant insisted that the
testimony OF plaintiff had failed to show
thai inquiries at The proper place an1 Of
the proper parties had been made, and
that no presumption of death arose. On
this poiut the Court charged. in sub
stance, that if inquiries had been made
by plaintiff Of the friends vf ROmanysin
Wales, end in the country where he had
gone. provided that inquiries made there
would have been likely tc have ELECTED
information OF him, and still he had not
been bearj from for over seven years,
then the jury might properly infer his
death.
Another point Of interest was whether
the children of Alfred Redman and the
defendant Margaret could be his legiti-
mate heirs even though his marriage
was not legal. On this question the
Court held the law to be that il, at the
time Margaret and Redman were mar
ried, she supposed him to be an NINA
ried man, aud so thinking married him
in good faith. the children would be
capable of inheriting from the father,
though the marriage might not have
been legal but if, on the other hand,
she knew he had wife living at the
time of such maria e, then the children
could not inherit. Verdict, on Wednes-
day, for the defendants. Spear and No
ses for plaintiff; futile for defendants.
Julia A. Gee ps. VIM. Green, r%eplevin.
tried 10 the Court, in, olved the owner
ship of a wagon tongue, and came up on
appeal. Judgment for plsiutif. t. L.
Gilmer for plaintiff; Mr.. Beaver for de-
PENDANT.
William Fee rs. George Plant, next
tried, was an action in SANDER, the plain
tiff charging that the defendant had stat
ed of and concerning the plaintiff that
he had murdered a man in ireland, and
had to run away in the night" General
denial by defendant. The plaintiff is an
Irishman, and the defendant he is Irish
too. The words were alleged to have
been spoken in Warren some time last
summer, in the presence Of d. D. Dren-
nan, and Others. Verdict for plaintiff
for $500. futile and Ensign for plain
tiff; Taylor and Ealler for defendant.
On Thursday, j. y. CoWdery, assignee,
as. r. 81. Duer, was commenced to a ju-
~, and the PLAINTIFFS proof substantial
ly put in, when. it being discovered that
there was a screw loose somewhere,
plaintiff had L = 10 withdraw q Juror,
and the case was continued.
On Friday morning was commenced
the case OF Margaret J. Lyons Us. James
81. Hu ason, Islander, which proved de-
cidedly the sensation OF the term. The
defendant was charged with having,
about August 10th, 1873, at Vienna. made
false and malicious statements to divers
persons TO the effect tina, improper init
macy had been sustained between plain
tif and one L. A. Mer uin, at the house
of defendant, and that the intimacy had
been going on for some time. Defend
ant denied the using of the wSrds al
legged. denied that anything was said ma
licously, and claimed that what he did
say was justified by what be saw at his
house hat what he said was true. and
that at other times before that plaintiff
had improper intimacy with MerNin.
The psrties are from Vienna; the plain
tif being an attractive girl Of abouttwen-
ty summers, and the defendant a we'll
to-do, middle-aged farmer and coal oPe-
rator. AZ the time alluded to, or about
that time, the plaintiff was in the employ
Of the defendant, he ping taxi care of
his wife and doing house work. II sP-
pearrd from the testimony Of Plaintiffs
witnesses that in August last defendant
made statements separately 70 some six
or sever persons, at Vienna, in substance
as charged ; that these persons, rs well
AS HumasOn, MerEin, aud a brother Of
plaintiff, living at Vienna. we're Master
Masons; that the communication Eas
made 10 each of the persons " on the
square" and that, if true, the conduct
alleged was peculiarly a violation of Ma
sonic obligation on the part of Merwin.
One witness stated that something was
said by defendant about the plaintiff
having interferea to pEeyent another
girl, who had promised defendant to
work at his house, from fulfilling her
engagement, and that a girl standing in
the position plaintiff was then in had
better not do that. In some way, moi ex-