The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1875-11-18
Court of Common las.

. Peter P1ckrel vs. Henry NaHllOSssin et a. soaI
confirmed and deed ordered, and Sheriff order
ed to retain proceeds of sale until further orde
of Court.
Thomas j. Brooks vs.. George w. Brooks anC
Others. Order of partition, made returnable a
next term.
Wellington &. Evans VS.. Nancy Leach ct al
Order of appraisement set aside, and new ap
praisement ordered.
John T. Jones VS.. John ]. Jones. Motion fol
new trial. Motion overruled, and exception:
noted
John W. Hatton vs. Hugh woten ct al. Or.
der for sale of mortgaged premises, adjustment
of liens, etc.
Simpson Jones, executor of John Stevenson,
VS.. Charles C. Jones and Mary E. Jones. Order
for sale of mortgaged premises. Amount found
due, s22s 25.
State of Ohio VS.. Allen Easterllng. Assault
and battery. Plea guilty. Defendant went in
TO the bar-room of the Isham House and COM
menced swearing. He was intoxicated. Mr..
Dever, the proprietor, attempted to put him
out. when he struck Dever. Fined $40 and costs.
Emeline Jenkins VS.. John Jenkins. This was
petition for allmony. Defendant filed a cross
petition, charging his wife with being guilty OF
adultery, and asking for a divorce and the GUS
tody of their children. The prayer of the cross
petition was. granted, and divorce decreed,
and custody of children given TO said John Jen-
kins until further order.
State of Ohio VS.. George w. Partlow. The
second trial of this case was commenced on
Thursday of last week, before the following
jury: Stephen B. Dixon, Perry Yeager, John j.
Calm, VIM. H. H. Horton. John Stanton, John
Mccartney, Thomas ]. Harrison, John g. Ray,
John D. James, George Stiffler, L. g. Dyson
and William Garrett. The evidence was sub
stantially the same as in the former trial, with
the exception that the two stone-cutters men
toned in the other case were now in Court,
and testified. The following are the main
points oftheir testimony:
Daniel J. Davis. was working at Monroe
Furnace in May, 1858. Pagan was killed on
Sunday. 1 was slightly acquainted with him.
don't recoIIect seeing him that day until he
got into the fuss. boarded at Stacks, ON Mon
roe Furnace grounds. David Rees, partner of
mine, and /, left Monroe together and went up
to Washington Switch to the Postofice, and
then came this way from the Switch 200 or
800 yards and sat down there on the railroad
may be one half an hour. A man by name OF
Rees Price with us then, and Dave Rees
and went on back, and Rees Price went up
towards Portland. We kept straight down the
railroad within 800 or 400 yards of the lane, and
then turned to the left through the fields, to go
to old Thomas Williams, old stone mason
that worked with us. L don't recollect that
went with down the railroad, nor
that soul went up TO the left through the fields
with us. We got up in the lane and went up
the hill, and saw the row, right in front of Will
Jams house. We were some $50 yards fr ON the
party when 1 first saw the row. We struck the
lane 40 or so yards down the hill from where we
first saw the parties. When was at the foot of
the hill saw Dave Edwards sitting al the foot
of tree, and little further up saw two wo-
men, 1 think under a tree 1 never was there
before. 1t was the only time L ever was there,
and am not sure whether they were in the
lane or to the side of ii. knew Geo. Partlow,
Jerry Lambert, Henry Willis, and a young man
heard was SINNERS. There were no others
when 1 first saw them. The first 1 saw
Partlow and SINNERS crowding Jerry Lambert,
and Jerry giving back, and just then Pagan
Jumped the fence from the left side, and hal
lowed "fair-play boys" and Partlow turned on
Pagan, and ran down the lane, and saw Fa-
gan and Partlow give back in a fence corner,
and ran up and held Jerry, and tried to sepa-
rate Jerry and SINNERS and before 1 got TO
Terry saw Partlow getting over the fence to
he right. He threw up his hands getting over
he fence. was then Is to % steps off, and 1
an up and pulled Jerry Lambert, (he and Sim
ners were hghting) and Pagan walked off from
he fence and said, "Boys, Pm cut bad" He
hen sat down on a rail pile. SINNERS picked
lp his hat and walked up the lane. Fagan N
hen showed his cuts. When Partlow jumped
he fence, Lambert, Willis, SINNERS, Pagan
and myself were right at the place. and others
here during the fight.
The cross examination did not contradict the
oregoing.
David Rees the other stone-cutter, testified to
he same facts, so far as to the time when they
heard the row. Davis ran ahead of him, and
when he (Rees) got in sight, the fight was over.
All day Saturday was occupied with argu-
nents of counsel and the charge of the Court,
md the jury retired between and 10 O'Clock,
and in less than an hour came into Court with
verdict of guilty of manslaughter.
The first case on Monday of this week was the
Ease of H. S. Bundy Opkir Iron Company.
This was a suit on notes and mortgage for ten
dollars, TOR money loaned to the COM
pany. Several of the other creditors resisted
,he claim, and the case made on the first cause
Of action, being the suit the notes, was tried
Dy the Court, and judgment rendered for plain
iiff for sl02Ss 66. The second cause of action
was continued. This raises the question of the
validity of the mortgage.
In the case of the State of Ohio VS.. William
Spriggs, being charge of assault with intent
@ commit rape upon little girl under thirteen
years of age, a motion was filed for new trial,
IN the ground that the verdict was manifestly
against the weight of the evidence. The Court
'et aside the verdict. The Judge reviewed the
and remarked that he was perfectly
lstonished when the jury brought in verdict
If guilty, as he did not suppose, from the testi-
nony, that it would take five minutes to acquit
he accused. And he would advise the Prose-
,uting Attorney, unless he had additional evil |
ience, to enter a 7eolJe.
The Court passed sentence upon Harvey
who was convicted of maliciously
utting the harness of DR.. A. B. Monahan at u
political meeting in Scioto township on the Sth
If September last. The Court lectured the ac-
used upon the enormity of the offense, and re-
marked that if the parties had got into the bug
~ without discovering the cutting of the har-
less, they might have been killed, and then he
would have been receiving his sentence for
The defendant was sentenced to pay fine of
IA double the value of the injury,) and i'm |
orisoned in Jail fifteen days.
Harrison Smith, the colored man who was
ound guilty of taking the pocket book of
Michael Gillis, was brought in for sentence,
when Levi DUNCAN, his attorney, asked the
Court to be merciful, there might be doubt
whether the story told by defendent might not
De true-that he took the pocket book merely |
20 keep it safely until Gillis should get sober.
The Judge said he would give him the benefit
Of every doubt, and put the penalty the lowest
by law, and then sentenced defend
ant to the Penitentiary tor one year.
George W. Partlow was told to stand up and
receive his sentence, and was asked if he had
anything to say why sentence should not be
passed. He said he was boy at the time, and
thought he had a right to defend himself as he
did, The Judge remarked that there were
many mitigating circumstances in the case:
and he would give him the benefit of every
doubt.=He hadi had counsel of his own choice
assigned him. had been ably defended had had
two trials, and both juries had brought in ver-
diets of guilty, and he fully satisfied that