The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1895-06-13
COURT HOUSE NEWS.

way. The plaintiff alleges that on October
1904. while driving on Mckinley ave ,,ue'
Massillon, his bakery wagon was struc' nv an
engine and damaged in the sum or s9aS He
alleged there was no signal war .,,pe sounded,
either by bell OF whistle. Attorney Garrett
and Pauley represent the r.sninypf,
The case Of Anna NJ. RepnIer va. The Acme
machine works and the Novelty iron company,
Is on trial in comm on pleas court before iudge
McCarty. The salt Is To recover 5000 alleged
70 be due on note given by the first named
defendant
Attorney Henry w, Harter today re-
ceived notice from Washington that the
supreme court of the United States has
lust decided very important case in his
favor. MIR. Harter was the attorney for
parties who had an interest i'm so acres
of land opposite Sioux City, Iowa. The
land become very valuable there and per
picking question arose Involving the title
TO the said land. Mr.. Harter bought the
case in ali the lower courts and sus-
tanned defeat The supreme court of the
U, 5. however reverses the findings of the
lower courts and decides in favor of Mr..
Harter's clients. Chief Justice Fuller
read the decision uf the court and rendered
an elaborate and searching opinion. 1t
was a great victory for one of our Canton
attorneys as very eminent council was
opposed to him.
The divorce case of Ferdinand B. Smith VS.
his wife, Isa D., was heard this morning before
Judge McCarty on cross petition of the wife,
and she was granted a divorce. The original
petition charged Mrs. Smith with gross neglect
of duty, and i'm the cross petition she charged
extreme cruelty habitual drunkenness and
gross neglect of duty. Mrs Smith was granted
alimony in the sum of $500, the household
goods and $40 per month until the minor child
becomes of aPe. Jones & Hudson represented
the plaintiff while Welty & Taylor appeared
for Mrs. Smith.
Judge Billingsley did not reach Canton
today, and consequently the cases assigned
for trial in room No. went over until
tomorrow Judge McCarty was on hand,
and heard the motion for a new trial in
the case of William Fosnaught, who was
charged with arson, having been convicted
of burning "a barn at Limaville. Allen
Cook represented the defendant, while
Prosecutor G., G. Bow appeared for the
state. The motion for new trial was
overruled, and Fosnaught sentenced to
five years in the penitentiary at hard
labor
The application for continuance in the
case Of John w. Zimmerman, charged
with keeping his saloon open on Sunday,
was refused, and the case will be tried to.
morrow 1t was claimed that Zimmer-
man was too sick to appear for trial.
The case of John F. Yengling, charged
with shooting with intent to wound, was
continued until July on account of the
absence Of material witnesses
Bayliss Family Row.
A rather sensational divorce petition has
been filed in common pleas court by attorneys
Wann and Bow. The parties are well known
in Canton, having been quite prominent here
until their removal to Massillon about year
ago. Tie plaintiff is Mary J, Bayliss, and her
husband George, is the defendant.
The parties were married in Canton in June,
1887, and the wife charges extreme cruelty.
She alleges that while they lived on Walnut
street in tnis CITY. he struck her on the head
with his clenched fist and knocked her against
the sharp corner of a cupboard, inAicting pain
ful injuries. The wifs claims that when they
lived on Tenth street he struck her in the face
and at other times was guilty of the same Of
sense
At Massillon, on April 21, Mrs. Bayliss says
prevented from doing bodily injury to her by
her mother. She says he has charged her with
infdelity, and called her vile names which
were untrue. By reason of the cruelty she
says her health has been impaired. She de-
sires to be restored TO her maiden name, Mary
J. Bahney,
An Abandoned Wife.
Adaline Rhoads, through her attorney
Charles c. Upham, has commenced divorce
proceedings in common pleas court against her
husband, George Rhoads They were married
January %, 1885, and the petition charges that
on January 80, 1890, she was abandoned, since
which time she has heard nothing of her
husband.
To Dissolve the Injunction,
In thecase ofWeil & Gugenheim VS. the city of
Canton, and James A. Rice, mayor, city
solicitor Webber has filed motion in common
please court to dissolve the injunction and re-
straining order The reasons given are that the
plaintiffs petition does not contain sufficient
facts to constitute cause of action against
either of the defendants, and is wholly insuf.
fcient in law for the purpose of issuing re-
straining order or injunction. 1t is further
charged that the statements made in the peti-
ton are untrue.
A Receiver Asked For.
The Anti-NiCOtine Company, through attor'
ney John NJ. Myers, has commenced action in
common pleas court against Marter & Bow,
Irving Black and A. j. Criss. The plaintiff
secured judgment against Marter & Bow before
justice Webb for S54 so which is still unsatis-
fed. 1t is claimed the other defendants are in
debted to Marter & Bow. The further charge
is made that on May IS or 10 of this year all of
the goods of the plaintiff were secretly remov-
ed to COshocton, and that on June one Of the
members of the firm returned to Canton, and
commenced collecting bills for the purpose of
defrauding the creditors. A receiver is asked
for, and an injunction TO restrain the defend
ants from collecting any accounts or disposing
of the stock Of cigars and tobacco now at CO.
shoctOn.
Adjudged Insane.
Probate Judge Wise went to Louisville yes
terday and adjudged Frank Kerstetter insane.
He was formerly railroad engineer and his
mental condition resulted from spinal trouble,
He will be taken to the Toledo Insane asylum.
Railroad War Settled.
A journal entry was made today in
common pleas court in the case Of the
Cleveland, Canton 81 Southern railway,
VS. the Pittsburg FIT. Wayne & Chicago
railway. The entry states that the p. Ft.
W. & G. switch on Navarro street is ON