The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1897-01-28
FISHER WINS.
A JURY DECIDES IN HIS FAVOR
THIS MORNING.

A JURY DECIDES IN HIS FAVOR
THIS MORNING.
Other Cases That are Attracting Some
Attention. Attorney John Il. Pal
mere Case Against Edwsr d 3.
Raft Is Dismissed
The case Of James Il. Fisher ve. The
Reymann Brewing Company, on Jrial
Thursday, went so the jury this morn
ing. Fisher sued fer Se5, a SUN stolen
from bis clothes whils in saimming at
Meyers lake. The jury returned a
verdict for the Toll amount, with interest,
amounting in oil to $40. .48. A. NJ.
MoCarty represented the plsintiff and
Day, Lynch Sc Day the defendants. Mr..
Fisher ,pk the stand in his own behalf
and told stro ibgtforward story Of his
los, He locked mis- clothes in dressing
ropm at the bath house, and gave the
key to the attendants Ia charge. He had
100 In his vest and when he donned his
81 'tbes again $65 was issing. The jury
believed that the agent of the Reyman
Brewing Co., holding the keys, was the
custodian of the money and that the loss
should be sustained by the company.
Mr.. Fisher IL we'll known In Canton. He
learned the printing trane In the Demo-
crat Office, and when boy, silt papers
on the streets. He WAS In the IN urance
department. at Columbus under the aG-
ministratious of Foraker, Campbell and
Mckinley, and ia the Columbus corres-
pondsnt Of the New York sun.
The $40, 900 damaze case for SANDER
brought against Edward S. Raft by At
torney John e. Palmer, has been thrown
out Of court 1t will be remem bered that
Mr.. Palmer charged Mr.. Raff with saying
something to the effect that Palmer was
not much of lawyer, and this was con-
sidered a slander. Mr.. Rats attorneys
demuired because the plaintiff, In his
petition had not stated as to whom the
alleged slanderous remark referred. When
the case was brought into court for argu-
ment on the demurrer, i5 was found that
the petition had been amended. in the
meantime without giving the customary
notice to the defendant attorneys. This
was sufficient ground for the count to
order the oosts In the oass paid up to the
time the amendment was made, and
Judge MoCarty gave Palmer ten days
to raise the amount. The ten days were
up Thursday, and the case WAS accord
ingly dismissed through failure Of Palmer
to do as ordered by court.
Peter Swallen, indicted 'or perjury, was
arraigned this morning. He pleaded not
guilty and was required to give bond iu
the sum of $780, An effort 10 being made
to rdise it j. A. STIRLING is his attorney.
Nellie Quinn was deor, ed a divorce
from Bernard Quinn by Judge Taylor
The decree was granted on the grounds
Of extreme cruelty. Attorney Bow repre-
sented the plaintiff.
The case of Verman VS.. Brechbuehler,
brought to recover wages, and in which
a counter change for board was set up,
was heard before Judge McCarty and a
jury Wednesday and verdict for $50. so
was returned In favor Of the defendant.
John b. Ecker has commenced an
action against James A. Rice, mayor If
the city, to restrain the collection Of SIS
judgment taken against him In mayors
court. The petition alleges that the said
Judgment was taken without the knowl.
edge Of Mr.. Ecker, as he had not been
legally summoned to appear in court
to answer to the action. BY reason of
said allegations an Injunction restraining
the collection of said judgment is pray ed
for. Judge Taylor granted temporary
restraining order pending the hearing of
the Ease. r. p. Kibler Is plaintiffs at
torney.
Judge Taylor heara two divorce cases,
Thusday afternoon. The first one was
that of David MoAlllster sg iinst Fannie
MoAlliSter on the grounds of desertion
and willful absence. The petition alleged
that the defendant had left home and
joined the Salvation Army. Judge Taylor
thought this sufficient cause for divorce,
and the decree was granted.
In the case Of Samantha K. Hosler,
pray ing for legal separation from her
husband, Ephraim H, Hosler, on the
grounds Of abandonment, gross neglect Of
duty and extreme cruelty, the court re-
sol we'd his decision.
Ellis H. Morris, by his attorney, y. @.
Upham, has commenced an action in re.
plevin against Constable Frank woolf.
The petition alleges that the defendant
Is wronRfully OBTAINING possession Of
certain ohattels, the property of the de
fendant, and by reason Of such detention
the pl,intiff has been damaged in thu
sum of 800, for which he prays .judg
ment and the right Of property.