The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1892-10-20

such controversy as have indicated TO
you is necessary TO sustain n settlement
the plaintiffs attachment for another, II
he had such an attachment, would in no
sense palliate or justify the defendants
conduct, II he has been guilty Of such mis-
conduct as claimed by defendant. under
the issues raised by the pleadings in this
case,
Many questions would arise IN an
action for damages for criminal CONVEX
sation which do not arise under the plead
lngs raised by the parties In this action.
We must, as far as we can, confipe ours
selves TO the issues raised by the parties in
this law suit.
With the pecuniary circumstances OF the
parties to this action, or either of them,
you have nothing to do, You should decide
this case without reference to the occupas
ton or station in life of the parties
whether they be rich OF poor-and Il should
make no difference in your deliberations
that the plaintiff Is timer and tho de-
fendant banker.
No testimony was allowed to be intro
duced before you tending to show the pc
cuniary circumstances of either of the
parties. l call your attention to this
matter only because II has been referred
to in the argument.
II 10 hardly necessary to say TO jury
who have given such patient and intelli-
gent attention TO trial as you have this,
that your deliberations should be conduct.
ed and your verdict reached without any
prejudice or feeling in favor of or against
either one of she parties to this lawsuit.
have purposely avoided pointing out
in detail the testimony In this case. II is
your duty to remember IL. II is peculiarly
| your province to weigh and to decide the
| issues between the parties upon the
testimony, and all the circumstances in
the case as detailed by the testimony. /
| do not know that can materially aid you
aWaN 49,. ...E.g
may say to you, however, that you may
weigh the testimony of the parties and
| the witnesses in the light of any interest
they may have in the result of this law
suit; or any feeling that any witness may
have manifested on the one side or the
| other,-or IL any feeling is shown
TO exist In regard to any par
tieular witness In the light of the.reason.
ableness and probability of the story that
the witness tells whether or not he is
contradicted, and whether or not testi-
mony has been introduced tending TO inn
peach his general reputation for truth and
varacity; and give to each item Of testi
mony in the case that weigh to which as
honest, fair-minded, candid men you
think it justly entitled. Interest, feeling.
impeachment-do not disqualify
| but are matters.
Before the plaintiff is entitled to your
verdict IL must be shown to your satisfacS
tion OF each one Of you, by the pre- pom
derance Of the evidence, that the note in
controversy was actually executed and
delivered by the defendant, and that the
same is based upon valid aud legal cons
sideratiou, as have already explained.
Ii you find the issues joined for the
plaintiff, you will compute the interest OH
the promisory note In suit from the time
the note became due until the first day OF
the present term of this court, and add
this interest to the face of the note, and
render a verdict in favor Of the plaintiff
| against defendant for this amount.
III you find the issues Joined for the de
fendant, you will simply say you find for
the defendant.
Blank forms Of verdict will be furninhed
you.
When you retire to your room you will
appoint one of your number foreman
when you have agreed upon n verdict you
will reduce it to writing, have your fore
man sign IL, and return with Ii into court
You may now retire.
The verdict in the Snyder Albright $50, :
600 case was in favor of the defendant
This Is not surprising, though it was exS
pectcd that there would be disagree
ment. 1t was at no time thought by
those who havo been in attendance at the
trial that Snyder would get verdict
There could have been but one verdict
1t would have been $50, 600 or nothing, anC
the jury said IL should be nothing. Snyder
/
may not account in part for the
verdict. From the fact that the
note was so high, 1t would the more read
lily be believed to he forgery. Had the
note been for $1,000 or $500, there nigh
have been some chance for Snyder, but al
it was there was little hope for him to ge
verdict. The price was too unreasona
BILE even for Massillon.
MOTION FORA NEW TRIAL.
Snyder's attorneys are evidently not sat
isfled with the verdict and an effort vii
be made to have q new trial granted.
motion for new trial was filed shortly
before noon today with Clerk of Court,
CoXen, and the matter will be argued as
soon as Judge Taylor is in the city and tbs
attorneys on each side can come together
The motion asks for new trial because
of divers alleged errors in the proceeds
ings. Among the things complained oi
are the rulings of the court in admitting
the Ida Roof letters, and other testimony
which the plaintiff objected to, and moi
admitting other testimony he wished in
the charge of the court to the jury, anC
others items of "a technical nature, gener.
ally objected to in ali cases.