The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1878-02-21
Court of Common Pleas.

Court of Common Pleas.
Mary Burris VS.. W. III. L. McGhee
This was a suit for $4,000 for breach o
marriage contract. The petition averrec
that there was a contract between the
parties to get married in June, 1871
Defendant denied that there ever wa'
such a contract. After the plaintiff I
evidence was all in, defendants counsel
asked that the case be dismissed, on &C
count of variance between the petition
and the evidence, the evidence showing
that the contract had been extended
from June to November. Plaintiffs at
torneys asked leave to amend the petition
to correspond with the testimony. Leave
granted, and amendment made Defend
ants counsel then stated professionally
that they could not safely proceed with
the trial, without further preparation.
Continuance granted. at plaintiffs cost.
Counsel for plaintiff, after consultation,
dismissed the case, without prejudice.
Watts, Hoop d Co., VS. Pickrel a. Co.
The plaintiffs were owners of Globe Fur
mace. and were engaged in the manufac-
ture of pig-iron. L. P. N. Smith, owner
of Jackson Furnace, engaged Pickrel az
Co., who were operating the Jackson
Foundry. to make for him hot blast
Watts, Hoop a. Co., furnished the iron to
make the hot blast. They claimed, in
this suit that they sold the iron to de
PENDANTS. The defendants claimed that
they got the iron from Smith, as be was
TO furnish the iron, and that Smith, and
not the defendants, was responsible for
the iron. The amount of the iron was 80
tons. at $40 90 per ton, or $1,000. This
occurred in the year 1873.
The first witness was James NJ. Watts.
He testified that he had no personal
knowledge about the sale OF the iron, but
learning the facts from his partners. he
called on Mr.. Pickrel for the money, and
he, Pickrel, said the Company were hard
up for money, and desired him, Watts,
toeiraw on Smith, which was done, and
the paper was afterwards protested, and
Watts had to take it up. Witness said
Mr.. Pickrel never denied the liability of
the Foundry Company.
Peter Hoop sworn. Had some talk with
Mr.. Pickrel about the sale of the iron.
(Witness spoke in so low tone of voice
that it was impossible to understand
him. This witness and the next one,
Rabert Hoop, tried to explain the books
of Watts. Hoop & Co, showing that there
was a mistake in the charges, or the ac-
count with Pickrel a. Co, in this transac-
tion. Robert Hoop was the clerk at the
time, and made thaentries on the books.
The first witness called for the defense
was Peter Pickrel. Witness said he was
manager Of the foundry owned by Pickrer
a. Co, in June, 1873. Witness met L. p.
N. Smith on the train. and they had
some talk about Mr.. Smith building a
stone coal furnace at Jackson Furnace,
and Smith spoke about getting the hot;
blast, and perhaps other castings. made
by witness. Afterwards witness went TO
Portsmouth to see Smith, fhd Watts
went along. At Webster Smith got on
the train and took seat by witness, and
Watts came and stood over them. Smith
had charcoal iron, made at Jackson Fur
mace, and was going to send it to Jack
son. Watts told Smith that he (Watts)
would sell him iron for $40 90 per ton,
while Smiths iron would sell for $42 co.
and it would save the cost of transporta
tion also Smith then told Watts that
he would take the iron. This was in
June, and the hotblast was to be made
by October Watts at once commenced
sending the iron to the foundry. He
then came to witness and spoke about
pay for the iron, when witness told him
that he did not suppose Smith expected
to pay anything until the work should
be completed. Shortly after this Watts
told witness that he had got Smiths pa
per- and had got the money on the paper.
B. Gray testified that he had been a
member Of the firm Of Pckrel a. Co. in
the year 1873, but he had little to do with
the business Of the firm, his part being
the overseeing Of the work in the foundry
j. II. Bum sworn. To some extent
have the means Of knowing what is the
reputation Of j. NJ Watts for truth and
veracity in this community. Knew il
some six or seven years ago-for the past
two or three years have not heard any.
thing about him.
Eben Jones sworn. Have the means
OF knowing the reputation OF James NJ
Watts for truth and veracity. 1t is bad
Would not believe him under oath az
readily as men in general
David Davis sworn. Have resided in
Jackson three years. Have the means o.
knowing the reputation Of James NJ
Watts for truth and veracity. His repu
tation is not good. Would not believ,
him under oath as soon as men in general
John L. Jones sworn. Have the means
of knowing the reputation of James NJ
Watts for truth and veracity. His repu
tation is bad. Would not believe hin
under oath as readily as men in general