The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1876-03-23
COURT OF COMMON PLEAS.


J. a II. Henly vs. Malinda Scott
Judgment on warrant Of attorney for
s66l 81, and interest at per cent.
John McElroy VS. John McElroy ct al.
Order Of partition issued, returnable
forthwith
Martha j. Misner VS.. Samuel y. Mis-
ner. Judgment revived for $3.50.
George w. Barlow VS.. William T.
Washam and others Foreclosure Of
mortgage, and order for sale Of mort
gagged premises. Amount found due
plaintiff, $40. 81, and due Henry Hun
singer Sl6i S4
State Of Ohio VS. Robert Hoop. In
dictment for assault and battery. Plea
guilty. Fined one dollar and costs
State Of Ohio VS.. William Easterling
This was an indictment for assault and
battery, and was the same transaction
reported in the case OF the State VS..
Charles Andres. The jury found de
fendant guilty.
State OF Ohio VS. Charles Davis This
is case formerly mentioned, where the
jury found defendant guilty Of assault
and battery on John Henneman. The
parties were at a spelling school when
defendant, without any notice, struck
Henneman in the eye. coming very near
putting out his eye. The Court remark
ed that the case was an aggravated one.
and if the defendant had not shown a
good character. he felt like lac ought TO
send him to Jail six months. Such as
saults ought to be stopped. He would
assess a fine Of twenty-five dollars and
costs, and order defendant to stand com
mitted until fine and costs be paid
Samuel Stephenson vs.. Joseph D. Cal
laghan.
This was an action for damages, for as
sault and battery. laying the damages at
FIVE hundred and fifty dollars.
The answer set up that plaintiff pro.
voked the difficulty, and was willing to
fight.
The first witness called was the plain
tiff. The trouble occurred on the llth
day of September last, on Broadway
Street, in Jackson. Met Cailaghan and
Richardson. Callaghan asked me. how
about that threshing2 told him how
understood it. We all lived near togeth-
er. told him richardson was to pay q
dollar, and / would pay him so much
He said that was not right. We had a
dispute about it. He said something
about stealing. ] told him not to say
that. He struck me, stunned me, and
finally got me down. Ny shoulder was
hurt ! was bloody. Went home. Got
worse. Next morning sent for DR.. /. +.
Monahan. / was not able to work for
three weeks. Ny shoulder hurts me
yet. There were good many people
present at the difficulty. There was a
show in town that day. IL occurred near
VIM. Ryan's, on Broadway. | had to
hire Robert Richardson to put in my
wheat, and had to hire him and others
to get in my corn, and do other work
My time was worth from seventy-fve
cents to a dollar a day. could not
work any for three weeks. and after that
| worked some, but it hurt me. Ny loss
by not being able to attend to my busi-
ness, was perhaps a dollar and a half a
day.
Cross examined. Had not been well
before the trouble. Had been troubled
with rheumatism Live about half a
mile from Callaghan's. wanted Cal
laghan to pay seventy-ive cents for set
ting the threshing machine. lie had
about ten bushels to thresh. had about
fifteen bushels of wheat, and some sixty
bushels Of oats, and Richardson had
about thirteen bushels of wheat. Rich
ardson paid dollar. Callaghan said it
was not right | told him | would then
charge him by the bushel He said
might as well steal il from him. told
him to say that again. ! did not swear
at him, and prepare for a fight. Had
had bad feeling toward Callaghan. Mr..
Trip, counsel for defendant, asked wit
ness if he had not gone to Callaghsn's
on former occasion, expressly TO have
fight. Objected to. We had not been
on speaking terms until that day. said
good morning" to him. / did not speak
after he struck me. His first blow. on
the side Of the head hurt me so that
could not speak for a time. lie contin-
ued to strike me. on the neck and head.
He caught me by the shoulder was
not able to get up when they took him
off James A. Aleshire helped me up.
| was able to 90 around town that after
noon. Ny shoulder was hurt in the fall.
had to keep my bed two or three days.
Re-examination am ffty-one years
of age.
Thomas Richardson called. Stephen
son and l were standing near Billy
Ryan's grocery, when Callaghan came
across and spoke to US. Then Callaghan
stepped past me and went to Stephen
son, and told him that that matter about
the threshing had not been settled. Ste
phenson said he thought Callaghan ought
to pay about seventy-fve cents Gala
CHAN said that looked too much like steal
ing. Stephenson seid, by Cd don't
say that again" when Callaghan repeat.
ed it, and at once struck Stephenson,
and continued striking. lie struck him
three or four times, when they fell over
ladder, and went down outside Of the
pavement Stephenson was under. lie
did not resist, only to reach out his
hands pulled Callaghan off him.
Samuel Stephenson Of Jackson, John
Hildenbrand, and others, testified sub
stantially to the same state of facts
DR.. I. +. Monahan was called and tes-
tilted as to the extent Of the injury