The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1893-03-16

4
Mill Company, Involving q Quarter of
o Million Dollars Dscidsd-other Deci-
sions Handed Down.
The Circuit Court completed its work in
| Canton for this term "wednesday after
noon sitter being in session eight days.
/ Some very important cases were heard
aud disposed of a1d some unusually
| interesting decisions rendered. A re-"
| msrkAble feature of the term was the
number Of Common Pleas decisions that
were reversed, the percentage being much
larger than usual.
The reversal that vas the most sweep
ing was that in the case of James BcaitnN
waite, the outcome Of which was given
exclusively in Wednesdays issue of the
NEWS DEMOCRAT. At the lest term OF
Common Pleas court Braithwaite, who
wau a coal miner from Pigeon RuI, was
convicted by jury OF rape upon his
daughter, Elizabeth Jane BraithwaIte. He
was prosecuted by Prosecutor Bow and
defended by james Sterling and Sam Bur
CERT. After the jury found him guilty hs
was sentenced 10 the peuitentiary for life.
The crime was alleged to have been com
mltted in 1880 and no complaint was ever
made until 1892. The defense claimed
that he was not guilty and that there was
n scheme underlying the cnarQs against
him, whereby some one wanted TO get rid
OF hun and tuat fur ihermoIe the girl was
not his daughts-. AS a matter Of fac, the
girl had been born ten years before he had
married nBr mother who ~ the
Time mad another husband in England
from which county she had just
come. The case was taken up to she CIR
CulI court 90 error, and Attorney Sterling
placed the mgttyr before the court fuT
Bralthwaite. ne handled the matter Ia
thorough manner, aud wRs opposed by
the prosecutor before the tribunal OF
judges. The dgCigi0l Of the court was
complete victory tOr BraithwAi;e, aud the
lower court was not only reversed, Jut the
eyi1euCs was examined and the court de-
Cidgd that the sT4Le had no case at all,
that the evil lrcg they convicted under
was worthless and unreasonable, and in
the light OF these llllRs they ordersd she
law 20 take i}s bands off the prisoner and
let ntm 50 on ais wEy IN peace, He was
cOlnpletsIy acquitted, and will b. released
from the pGnitenT!ary as soon as the
order OF the court can be presented.
Only about two weeks ago the wife Of
Braithwaite came into common pIeas
court and secured u divorce from MIN, on
the grounds tast he had been sent TO the
penitentlary for Iaia crime. The evidence
in both cases shovel that she had never
been divorced from her husband in Eng
land, and 10 authentic evidence showed
him TO be dead. 1t is not at all improba-
woman is guilty Of bigamy.
One OF toe most important decisions
rendered Wednesday was in the case of
Aussll "A. Belts VS. Theodore II, Patterson,
which was taken up on error from CONS
mon pleas court.
Bets was a councilman in Alliance and
was appointed on q committee which was
ordered by tine counsel TO take such No aans
as would bring about conviction of the
viOlaiers OF the prohibitoTy ordinance. He
bargained With Patterson to play dotec- |
tive, go into tue sPghk-ea5ies and buy |
liquor end Ihen INFORM and the said Pat !
tersOn was to get half of all hnes collect |
cd. Patterson did the work until some |
g 500 had been gotten from saloon keep. |
ers. Then the city refused to settle and |
Patterson sued Belts individually and got |
q verdict for over 81 200 in common pleas
court.
The circuit court reversed the fiud.
ing and set aside the verdict and laid
down very important principle of law
as follows: The court held that such q
ag Belts and Patterson had made
was against public policy in as much az it
would act as a stimulang for perjury and
being against public policy il was there
fore not lawful and that such a contract |
was entirely void. This clears Belts, and
and Patterson will have to whistle for his
l,2OO. The opinion was rendered by Judge
Jenuer.
Ia the action OF ]. D. Lewis va the Alli-
lnce Rolling Mill in which a big for ,une
10 involved and in which creditors of the
rolling mill have been trying for twenty
years to make David Morgan, an ex stock
holder, pay its bills, the court held wish
The lower court and decided in favor of
Inc Morgan estate.
The verdict of S1,500 damages secured
)y A. Lincoln Oswald against the Cleves
and Dc Canton Railroad Co., for injuries
while making a coupling ou Gheir
road was set aside and the case was rec
nanded back for new trial. The case
was taken up from common pleas court
)n error and the circuit court held that the
Judge, in charging the jury, had erred in
IN Tglng that IL damages were due the
llaiDtH that they might add among other
hings, the expenses of conducting the
,uiE. This was illegal and the verdict
'endersd under the charge was therefore
,eC aside.
In the action Of Caroline E. Weir VS.
treasurer Maudru to restrain him from
collecting certain street assessments on
Ter property in Alliance, the common
pleas court ruling was reversed aud an
restraining the collection made
perpetual.
The decision in she case of Salome 3.
Werlich VS. the city of Alliance was n sort
II compromise but sustained the common
pleas IN most vital points and was against
he plaintiff who sued the city for throw.
az up an embankment in fr0nE OF her
property.