The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1874-06-04
TEMPERANCE
A case before Justice Grimes

A HIGH TIME IN BuSaEH aAAAA-
L DISCHARGED IN TRIUMPH CHEERS
AND APPLAUSE WITH THE ~Doxo1osYl
On last Friday afternoon, at the insti-
cation of Mrs. Louisa BaIser, wife Of the
brewer at the corner Of Market and Sec
ond streets, Mr.. f. D. Ely, proprietor of the
St. Cloud Hotel, was arrested charged with
having committed assault and battery up
on the person of the complainant. Last
Monday morning the case came on for
hearing before Justice e. NJ. Grimes, q
large crowd assembled in Bucher's hall, In
the Eagle Block, eager to hear and see.
1t was the first case of the KIND and elici-
ted much interest among liquor men and
their friends as well as those who favored
temperance and the Lady Crusaders. The
case attracted n deeper feeling of interest
and earnest attention, than has ever been
created by any preliminary hearing OF
such g cause within our recollection.
| Many prominent business men,& a strong
representation Of the clergy, were present
throughout the trial, and evlnced an unu-
sual interest in the course of the proceed
ings.
The prosecution was conducted by Lou
is Sehafer, ESQ, and the defendants eoun-
sci were Messrs. Mckinley and Under
hill. The testimony for the prosecution
was initiated by
Mrs. Balser. On last Friday afternoon
a band of crusaders, numbering sc to 40
halted in front of her husbands brewery
on the N. E. corner of Market and Sec
ond streets, and arranging themselves IN
a line along the curb, began their custo-
mary exercises when they came up, she
had a broom in her hand, and after they
had formed their line she began to scrub
her pavement, as though no n was near
to be disconnected by such a proceeding
At this stage of the affair, AIR. Ely, the
defendant came up in a buggy and stop
ped; got out of his buggy, came up to her
as she was ~scrubbing, and told her to stop,
that she had no right to do so. She n
sisted that it was her right to scrub her
pavement when she pleased, and if it did
not suit him and the ladies, they could
leave. Mr.. Ely repeated his demand, for
her to cease s%crubbing, but she persisted
in her refusal to do so; the defendant
then stood in front of her, put his foot on
her broom and tried in various ways to
prevent her s%crubDing, but she refused to
quit. His at first was mild, but
he became more violent and hunched her
three times with his elbow, each time
more roughly, and finally, in anger, laid
hands upon her shoulders and pushed her
forcibly from the pavement toward her
lot. She had to scrub her sidewalk fire.
q~uently, as her husband was in the habit
OF handling ice on it, and that made
dirt.
John Emanuel, whose testimony in the
main, corroborated Mrs. BIS, was stand
ing on the opposite side Of the street dur
ing the early part of the disturbance. The
testimony Of ali other witnesses for the
prosecution varied somewhat from that
already given, though IN part, tending to
show that an assault had had been perpe-
trated.
The defense opened its evidence with
the defendant on the stand-we give his
testimony in brief: Was out driving on
Friday afternoon with Mr.. Mcclure, clerk al
his hotel; drove up Market street and saw
the ladies at the brewery; he got cut ofhis
buggy and walked up to the ladies. speak
ing toMrs.K uhns, went to where Mrs. Balse1
was ~scrubbing water on ladies and said
kindly TO her, that she ought not do so,
it was wicked, she continued to scrub
saying that she must keep her sidewalB
clean. There were others carrying buck
cts of water and dashing 1t on the side
walk as she piled the broom; he put hlE
foot in front of the broom to prevent the
1 WdICIl IOM 1ulAluE OA ~ ARNAOog Ill VA
while demonstrating with her IN kindness
and mild persuasion. He was not angry
at any time, and all he did was in gentle
ness. He touched her but once, and tina
once but lightly on her arm to attract he.
attention to his words.
above testimony by AIR. Ely wa
: strongly sustained by that of Mrs. Kuhns
|, Mrs. G. w. Smith, Mrs. Geo. Cook ant
other ladies of the crusade, who were Il
the immediate presence of the parties u
the suit. Not one of the ladies IN thei
testim onial statements, said that the de-
PENDANT was angry. but kind and getle-
manly toward the prosecuting.
The testimony was closed about 81!
o'clock on Monday afternoon, between 3
and ~ witnesses having been examined
> As far as The testimony regarded the mat
I ter of an assault as charged, the witnesse
6 on either side swore to statements in al
most direct contradiction. Allowing tha
both prosecuting and defendants witnes
! ses sWore only to that which they belize
: true, the fact seems evident that Airs. B
at the time in which she alleges the assault
! was committed, was in such q state
mental excitement, anger and confusion
that she was not only unable to compre
: bend fully the actions of those about he
~ L OuG hdo H4OBdDAl 0AOOLDA4O4o VI ~ Nv
: position; such, from the testimony; we PR
4 sumo was a fact,
i. The bulk of most positive and straight
d forward evidence tended directly to aequ
II Mr.. Ely Of any unklnd motives, and
= any attempt to commit the least vlolenc
l. The testimony showed that instead
% any bad disposition, he manifested a kin'
J. ly and gentlemanly spirit, OF mild persui
Is sion toward her, while she herself, svine'
= a far stronger inclination to annlhllla
8 him.
! The Argument commenced in the ever
4 ing and continued until after 10 -ocloc
- Nj. Schafer opened with an elabora
~ address, fraught with ambiguous perso'
~ aIties, directed chiefly against the oppo
y ing counsel. He attempted to show tn
y the ladies, as crusaders, were not just
= and legally entitled to the privileges tn
y exercised, and that his client was tul
u justidable in the sight Of the Law and z
= der the the general principles OF person
~ rights, as an American citizen, to do -
as she had done in the ma ter. He asse
~ ted that God and the christian rellgl
y had no connection with them IN Il
movement, and scoffed promlscuously
nc his usual manner, all that pertained
Il christianity and the temperance 7
form.
he was followed by Judge Underhill
q briefer and able argument. bearing up
the case, and devoid of malignity and p
or sonalties. Next came Major Mckinls
~ who, replied psintedly to personal FIR
X Of Mr.. Schefer, and delivered an eloque
he and searching argument in behalf Of n
ut Ely. His review of the testimony "
lair and convincing; clearly demonstrate
the fact that incompetent testimony b
its been introduced and offered by the pro-
cution. The audience frequently bro
out in loud and approving demonstratlc
or often manifested at an enthusiastic pol
lse cal meeting such as elapping OF han
.en stamping, and all ann Of unrestralr
ID applause. Even the ladies brought th
delicate and tender palms together will
!. receklesness that was strongly lndlcat
of oblivious earnestness, and dangert
to the complexion of the colliding snrfat
9Th even ministerial dignity was laid as
for the time and manifestation from Il
source were as frequent as from any 9th
At the conclusion of Mr.. Mcklnley's
- Onment- MIR. SchRfer resumed the Il