The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1895-05-16

Mrs. Smell could not get fair trial and the
case was brought to Stark county. The attor-
neys in the case are Prosecuting Attorney
Funk of Wayne county, ex-Presecutor Metz
and Col. Wylie for the state, Judge Day and
Henry Harter Of Canton and Samuel b. Eason
of Wooster, for the desfense. The following
compose the jury; NJ. NJ, Herbst Canton J,
E. Ebel, Lake; Geo. Wilhelm, Justus; Robert
AUDI Alliance David Pembridge, Alliance;
Robert Wihrow Alliance; NJ. o. Sheare, Louis
vile; Oliver Yost, Perry; Austin A. Hay
Beach City; Frank Murray, Perry; Frank Will
lenberg Massilion; Israel Bixler Nimishillen;
Albert Hakwins, of New Franklin, was
challenged by the defense and excused
| Leonard Hess had an opinion and was
excused by the State. August Danne-
miller also had an opinion, while A. T.
| Skinner and Daniel Holwck were excused
on business The case was adjourned
until 9 O'Clock Tuesday morning when
it will be presented by the attorneys.
When Judge McCarty dismissed the jury
he warned them against reading any of
the Canton papers during the trial. The
court room was crowded with attorneys
and citizens who were in there as specta-
tors. There are over 80 witnesses sub
poenaed in the case.
Maria Il. Shock has commenced an action
against Uriah Henry, Thomas Miller and
Joseph ID. Miller as trustees Of Canton town
ship, John Houtz, Jr., as supervisor and Jacob
Mckinney, as contractor for an injunction to
restrain them from grading the road in front
Of her premises. The petition relates that she
Is the owner Of piece of land 125 feet front on
the road leading from Canton to North Indus
try known as the Canton and New Phila-
dephia road, and that she has owned the same
for forty years. The petition alleges that the
grade has been established on the road tor
twenty years and she has improved her prop
erty by planting trees and putting buildings in
accordance with the established grade The pc
titon says that the road is in good condition for
public travel, but that the defendants, without
notice to her have changed the grade and un.
less enjoined will fill the road in front of her
house to depth of five feet destroying her
trees and making it impossible for her to have
egress and ingress to her premises.
John w. Wardwell receiver of the
Cleveland Canton & Southern railroad,
has commenced suit against the Penn
sylvania company, operating the Pitts
burg, Ft Wayne and Chicago railroad
plaintiff as receiver of the G. G. & S. rail
road is the owner of valuale right of
way and switch leading from Navarro
street to the works of the Goheen manu-
featuring company, the Cleveland Axle
works and the Canton Rolling Mill COM
pany, and that the defendant is construct
ing switch over the right of way owned
by the plaintiff That the same will be
of great damag to the plaintiff and asks
for an injunction restraining the defend
ant from building such track. The in
junction was graned.
For Partition.
Henry Jolly and John Jolly have comenced
an action against Eliza Longabaugh, ct al
heirs of Rebecca Jolly to partition so acres of
land in Stark county
ToColIect Note.
The Miller Hardware Company has com.
menced suit against Jared b. Rhodes ct al to
collect $3.50 on promisary note secured by
mortgage on lot No. 1873 in Canton.
Want Settlement.
The Massillon Water Supply Company
has commenced an action against the
Massillon Printing and Publishing Com
pany ct al toI collect S41.65 and costs a
A wife's Grievances.
Clara Lindeman has commenced an action
for divorce from her husband Joseph Linde.
man on the grounds of cruelty. The petition
alleges that he has called her vile names,
struck her and refused to provide for heI
although he makes good wages. She asks fol
the custody of their minor child.
Will Filed
The will of Lewis Hornberger of Tuscara.
was township, has been filed for probate. The
will reads as follows To his sister, Hattie
Oberdorf, S4OO; to his nephew John Hornber
ger, 5000. All the rest of his property, real
and personal to his brothers and sisters share
and share alike. John ]. Weller is named as
executor with power to sell real estate if nee
essary to pay debts.
Probate Jury.
The following jury has been drawn for
the June term of the probate criminal
court.
: Louis A. Koons, Massillon, Daniel Hoff.
man, Sugar Creek, Henry Oehler Massil'
In /; Andrew Sponseller Paris; John Raber
r Tuscarawas; Eli Shelter, Bethlehem David
, Leevers Tuscarawas William j. Mel
, cher Canton; e. II. Kidd Canton
, CLANCY G. Pontius Plain; Jacob c.
Pontius, Canton; John Caldwell Canton
Divorce Wanted.
Jennie Howard, has second time
9 brought suit against her husband Adam
Howard, for divorce on the grounds o
cruelty. The petition recites that he ha'
q been so cruel to her andused such vil'
language to her that on the 10th day o
September she was obliged to leave
, him and since that time he ha
refused to provide food, clothing fol
any of the necessaries of life fo
= her or their minor child. She also allege
that he is the owner Of five houses. Sh
Z asks for alimony and the custody of tn
minor child.
Casper Falla Sued.
Armour 81 Co.. have commenced sui
| .,1.ni,,nt Gnrnnr Enlln To nnllnct &Onn nj