The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1893-03-09
DECISION REVERSED.
THE CIRCUIT COURT DISAGREEs WITH
THE COURT BELOW

Iu the Case of Myers Against wise-The
Lower Court Sustained in the Case of
Ohio Against Edward WISE, and He
Goes Back to the Pen.
Circuit court opened up at 8 o'clock
Monday morning with Judges Follet, Jen.
ner and Pomerene in their seats aud the
work of rendering decisions on the cases
heard last week was at once taken up.
The II rst decision was handed down by
Judge Pomerene in the case of Daniel
Myers ct al VS. Levi Wise ct al. At the
time the petitio, was filed in common
pleas court, nearly two years ago, this
paper published IL, and the defendants
Levi and George Wise took offense to the
same and instituted proceedings against
the company for $4,000 for libel. The
case of Myers VS. Wise came to trial in due
course Of time and The jury decided in
favor OF the Wises. The opposition took
before the circuit court. Judge Pomerene
reviewed the testimony aud law this
morning and tho court promptly
reversed the decision of the
lower court and Issued n
mandate for further proceedings. The
libel suit against the NEwssDEMocRAT
which grew out of this case was postponed
indefinitely at the last term of court.
THE LOWER COURT SUSTAINED.
Judge Jenuer acted as spokesman for
the court in deciding the case of Ohio VS.
Edward Wise, which was up on error.
Wise was sentenced so five years in the
pen for rape upon one Elizabeth Shone'
man, q woman of uncertain mental
powers, from North Industry. The at.
torney for the defense urged that the
woman was crazed and therefore not n
competent witness. The court expounded Il
the law on this point and held that pera
son might be crazed to a certain extent
yet under some conditions she might yet
be com petent witness. The decision OF
the lower court was therefore upheld and
Wise will have TO serve his term unS
less higher court saves him. Attorney
Upham, bis attorney stated that he thought
he should take the case up to the supreme
court.
A CANAL FULTON CASE
of some importance was that of James
Eraunfeiter VS. Louis Walzsr's admins.
tratrix, taken up on error from common
pleas court. 1t appears that the plaintiff
wanted the defendant to pay half of the
cost of wall which supported one side of
q union block which belonged to both.
The court looked into the case and de-
cided in favor OF the Walkers estate,
affirming the opinion of the lower court.
Judge Follet rendered the decision.
The PHILLIP CAMP CASE
Judge Pomerene gave the opinion of
the court in the case of Philip Camp ct al
VS. A. ]. Heineman ct al. This was an
appeal case involving about $3.50, The
matter hinged on several points chief of
which was that Elmer Camp claimed he
did not know what was in a certain con-
tract which he signed. The court held
that Heineman had the best end of the
controversy and the decision of the lower
court in his favor was affirmed.
AN ALIMoNY CASE.
The long drawn out alimony case of
Leander Marchand vs Barbara Marchand
was decided as it was in common pleas
court-in favor OF Mrs. Marchand. This
case grew out of an action begun away
back in 1868. At that time Mrs. Marchand
got decree of alimony against her
husband for $50 year. He paid it until
he died in 1881 and then the dividends
stopped, his children, by the second wife,
refusing to pay any more out of his estate.
The court, however, held that she was
sill entitled to the alimony and so the es-
tate will be drawn upon.
OTHER CASES.
The court has not yet reached deci.
sion in the case of j. d. Lewis VS. the
Alliance Rolling Mill Co., which involves
o fortune.
The error case Of Ohio VS. James Braith-
waite is being heard today by the court.
Braithwsite is in the peDitentiary on life
sentence, charged with incest. Attorneys
Sterling q Burgert are trying to show that
he ought TO be given new trial and the
prosecutor is against them in the aTRu-
meut before the court.