The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1888-10-18
Williams LOSES
And Joseph Dick Ia Entitled 10
His Seat
In the Board Of Eduoation''-lio Decides
tho Circuit court--.Moourdy aud Pat
ton Case Decisions Reversed,

The decision was rendered by the
circuit court this morning IN the que
warantO case against r. "a, Williams
member OF the Board Of Education In
the First Ward, The court decided
that williams held his seat in that
board Illegally and that he should re-
linQuiah II 10 the legally elected mem
Der, Mr., Joseph Dick, q leading manu-
faeturef
The news that the decl6iOn would be
given In this case attracted a large
crowd 10 court room No, l. The three
Judges, Follet, Jenner and Albaugh
took their aeata on the bench AZ $3.50
o'clock and tho decision was delivered
by Judge Follett, The court held that
the realgnatlon Of Member Peter Bar
lot concluded his existence as a mem
ber of that board, except that he should
serve until his successor was chosen
and qualified, AS his resignation took
place within fifteen days OF the election
IL fell 10 the people and not 10 the board
10 lll that vacancy. Had the realgna'
tiOn taken effect more than fifteen
days previous 10 the election, then the
board would have had the power 10 I'LL
the vacancy for the time being, or un
III q member had been chosen 40 the
April election, As Mr. Dick was prop
erly elected NJ the April election he
was the legal member Of the Board and
entitled 10 his seat,
This decision 10 received with appr0y-
al on all sides, The trouble IN the
board on this subject aud the antagOn'
ism OF member Williams by the men
who had opposed the majority In ap'
pointing Williams, has made the case u
celebrated one 10 pertains 10 this local.
ty. This faction, which has been term
ed steam, IN jubilant over The declsiOn,
on II ia n decided Victory for thom, II
having been that portion OF the board
known 40 the Smead faction that 0ust'
cd Member Dick aud had sworn In
Mr. Williams, Although this viii give
the steam faction one more man, yet
the Smead faction still has majority
OF two,
In regard 10 the charge that Williams
had not been u resident OF the State NJ
the time Of his appointment, the court
decided that he was n resident, his
does away with the charges of Illegal
voting,
Mr., williams states that there will
be bill Of exceptions filed aud the
case will be carried up to the supreme
Court OF OHIO
The Circuit Court reversed the deola-
ion OF the Common Pleas Court In the
case. Charles MoCurdy was
convicted In March last for grand lar.
Ceny, aud was sentenced tO years In
the Penltontiary Ills counsel made q
motion for n new trial but II was r0fug.
cd. They filed q bill of exceptions aud
carried the case up to the Circuit Court
on error The court found that Judge
Pease erred In his charge 10 the Jury |
and that no also erred In refusing 10
charge rs instructed by the defendants
counsel. The decision was reversed and
the cause romanded back 70 the Com
mon Pleas for further hearing,
The Circuit Court also reversed the
decision Of the Common Pleas Court In
The Patton case. Thomas Patton, tried |
In June last, and convicted for assault
Ing Daniel NJ. Yant with intent 10 kin,
aud sentenced TO eight years In the |
Penitentary. His counsel made appli.
cation for u new trial but II was not
granted. They carried the case up TO the
Circuit on error. The court found |
hat Judge Pease had erred In his |
charge and also erred by refusing 10 |
,harge rs instructed, The decision
was reversed aud the cause remanded |
10 the Common Pleas for further |
hearing.
The Kagy case, which was submitted |
10 the court by brief, was decided. The |
ease will be carried along with them |
lnd decision will be given at the next |
place Of sitting,