The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1882-05-18
SMALL Pox WHISKY.
Who Pays. the Bill for Free Drinks and
Cigars in the LaclSey Family.

Who Pays the Bill for Free Drinks and
Cigars in the Lackey Family.
When the small pOx first appeared in
the Lackey family on the first day of
April last, the city was thrown into a
high state of excitement, the house was
tagged and guards stationed outside,
while the neighbOrs left and the average
citizen would not venture within sight
of the plague-infected dwelling.
RumOrs from time to time reached the
city up street that Lackey, although
sick, persisted in running out around
the neighbOrhOOd, apparently more un-
der the influence Of liquor than small
pOX, and that the guard was also intOX
icated at times. The officers Of the
Health Board, whether wisely or not,
were very reticent about telling any
thing that tTanspired down there, argu-
ing that public excitement was high
enough already, and anything tending
to increase it would result in harm.
Being quarantined, the house had to be-
prOvisiOned at public expense, and as
testimony shows, City Physician Slusser
and Health officer Walker, acting for the
Board of Health, gave instructions that
whatever was needed for the family's
maintenance should be got at DumOnt'S
grocery, Mr.. DumOnt being assured that
the city would pay the bill. The in
structi0ns were given without specify
ing what articles to purchase, but sim
ply what the family needed, and as Du-
mont handled both liquors and cigars,
orders for two gallons of the former and
two boxes of the latter were given and
furnished; the same being charged in
the bill Of other goods and presented
at the same time.
When the bill was handed in, these
items were stricken out, amounting to
$3.50, and the balance paid, and Mr.. Du-
mont brought suit against the Board of
Health for the remainder, claiming that
| as they were ordered by the same party,
and not knowing what was required in
small pOx treatment, he filled all orders
coming from the house without ques-
tiOn, relying upon the assurance of the
bill being paid by the city.
Among the legal questions that came
up was the authority of the Boards Off
GERS to make bills, the defense claiming
that the Board was only bound to pay
what it officially ordered, and the prose-
cutiOn holding that the officers were
"the Board" as far as providing goods
| was concerned.
! THE TRIAL
Was held last Friday afternoon before
Justice Daniel WOrley, the title being
Louis DumOnt vs.. the City of Canton
and the Board of HEALTH" to recover
$3.50 balance due on goods furnished the
Lackey family, during the small pOX
season. Mr.. L. Schaefer for plaintiff and
City Solicitor John c. Welty for defend
ants. Mr.. Welty moved to dismiss, as
the Board of Health, having no power of
raising money, could not pay bills, the
proper way being to get writ of man
damus to compel them to certify to the
bill. Motion denied. Mr.. Schaefer opened
the case by stating that Mr.. DumOnt fur
nished goods to the amount of $28.12 by
order of the City Physician, on which a
balance of $3.50 was unpaid; that liquor
had been bought at other places for
medicine and for the nurses, and cigars
furnished for use of those in quarantine
Mr.. Welty for the defense denied that
the Board of Health had ordered the
goods, and that the city had not refused
to pay the bill, as it had never been pre-
sented,
L. DUMONT SWORN.
The jolly grocer came to the rack with
his red, round face beaming like full
moon, and all the brakes on his "talkee-
talkee" car wide open, and it took the
united efforts of the court and counsel tC
curb his wonderful fluency of language
After he got down to a steS dy trOt ht
! testified that on April 4th Mr.. Freyber
ger, a guard at the Lackey house, came
in the store and got some goods. The
, next day he DumOnt) met City Physician
, SIusser and said that the Lackey family
were getting goods and asked what to dc
about it. Slusser said all right; to fur
nish the goods and the city would pay
for them.
Here Mr., Welty objected, and said thai
Slusser had no right to bind the Board
and could give no such orders. His bus
, mess was to attend to the poor, provide
cooks and nurses. Mr.. Schaefer sarcas
tically said, what good is it to provide
cook unless you give him something tC
cook WITH" Court OVerTuled objection
DumOnt resumed and said that no par
ticular kind Of goods were specified
that he kept wooden shoes, and would
| have furnished them if called upon
!: Went to the Board after the claim was
disputed and they said whisky, &c., were
not necessaries. DR.. Slusser had told
him before that the Board would not al
low those items; also that Slusser had
driven up in buggy one day and said
Lackey wanted some cigars, but that the
Board would not pay for them. Did moi
| know who he handed his bill to. The
: cTOss-examinatiOn endeavOred to show
. that the cigars were furnished on Lack
= ey's private account.
OTHER WITNESSES.
Mr.. Freyberger testified: Was guarC
from April Sd to evening Of 10th; wat
present with Drs. Walker and Slussel
when Lackey made application for gro
ceries, and they told me to get whatever
was needed; two gallons Of whisky
came; took it into the house; also boz
, cigars; drank some of the whisky, bu
very little; did not use any cigars. Cross
examined: Thought whisky was includ
, ed in Dumont's goods; also got whisky
from Nye's drug store on Slusser's pre-
scriptiOn; was sober when discharged
, and so was Lackey; was errand boy an(
/. took orders from the family and gav(
them to Dumont's driver in the street
he would bring goods back and leavt
them near fence; on April 9th hear(
3 Lackey tell DR.. Slusser in my presenc,
that he could get whisky cheaper at Du
mOnt's, and Slusser said we had bette
l get it there, then, but did not specif
4 any quantity; had got two or three pint
g before at drug store; ordered gallon b
instruction from the house, as was toll
: that L would not have to run so often
9 ordered second gallon Saturday might
4 as they said they had not enough to las
q over Sunday; gave whisky'and cigar OF
'' ders same as grocery orders, and the
came the same way.
f Ed. DumOnt testified to deliverin
= | yOOda Tn Ernvhnropr