The star. (Cincinnati [Ohio]) 1874-1875, 1875-01-25
La W REPORT.
COMMON PLEAS.

r. B. Catlin ". The State Of Ohio. Be-
fore Judge Force. This was motion tor
leave to file petition in error, to re-
verse the Judgment Of the Police Court.
Catlin was convicted in the Police Court
on a charge under the gambling act Of
playing at a game of chance" "seven-
up''-at the Mint Saloon, 1872 Race street,
and was sentenced to ten days c0ntine-
ment in the Work-house, and to pay q
fine of 500 and costs; also, to give bond
in the sum Of $500 for his good behavior.
Judge Straub asked the allowance of u
writ Of error on two grounds; tsrsL, that
the Police Court had not final turisdic-
tion of the otfense; and, secondly, that
the sentence was erroneous, being under
the gambling act of 1873, instead of under
the act of 1859, under which the accused
was tried and convicted, and under
which the penalty was fine or impris0n-
ment, but not both.
Mr.. Campbell contended, on the other
side. that the information against the
dsfendant might come under the act of
1878, and in that case the sentence would
be right. 1t was possible, however, the
Judge did commit error in the sentence,
and if 80 the party could be sent back
and tried again.
Judge etraub supposed this Court had
| terminc whether the accused should pay
| fine of $l00, or be confined ten days.
Judge Force allowed the writ of error
| to issue for the purpose of bringing the
questiomtully before the Court.
| The record showed that the party who
caused the arrest Of eiatiin lost $3.50.
| E.H. Pendleton v. Frederick Demsor.
In this case, an action, tried be-
fore Judge Burnet, in which the plaint-
iff alleged that u roof put on his pork
house was not Of the material and work
manship called for by the contract, and
claimed 81 900 damages. the jury return
ed verdict for The defendant.
| The State " John Cottle. Before Judge
| Murdock. In this case,. an Indictment,
as stated in last report, for cutting with
intent to kill, the argument of Messrs.
| Gerard and Baker for the State, and Ma
| jor' Blackburn for the defendant, Occu-
pied the day, and the case went to the
jury at a late hour.
The jury returned verdict OF guilty
upon the second count in. the indict-
ment-cutting with intent to- wound.
PROBATE COURT.
The heirs of N. Headington v. Daniel
Mears, administrator. This case, as sta.
ted in former report, came up before
Judge Matson oil exceptions to the ac.
| count OF the ADMINISTRATOR OIL the laLe
Judge Headington. The items excepted
! to were an allowance made by the, ad
ministrator to MouitOn II johnson for
legal services, and claim of $500 by the
administrator himself as extra c0mpen-
sation. The administrators filed his ac.
count and a receipt as voucher from
Moulton & johnson, as having paid them
$4,000. An itemiZed account Of the ser.
vices of Moulton n Johnson was intro
duced, in which they claimed $4,000 as
the value of the services rendered; and
the testimony Of several attorneys was
heard, the value of such services being
variously estimated by them at from $l00'
to $1,000.
| The Court allowed $1,000 in full Of al
the services in the case, including cOun
sci fees and the extra compensation tc
+ the administrator.
The will OF Geo. Lembert was admitted
F to probate. Susanna LemDert, eXecutriX
Personally $3.50.
The will of Kunigunda Kahney was ad
mitted to probate, John Kahney executor
Personally $4,000.
j. w. Fitzgerald was appointed admin
istrator of the estate of VIM. Shalvey
Personally $1,000.