The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1897-07-15
VERDICT STANDS.
JUDGE TAYLOR OvERRULES THE
PLAINTIFFS MOTION
For a New Trial In the Case of Alice
NJ. Rex Against Hannah Demuth-
several Grounds of ConteBtion
Set Aside by the Conrt.


Carly and Tsy lor respectively. Motions
we're argued in both rooms, the most i'm
porant being that for new trial In the
Rex Demuth case.
During the arguments Of the motion
some afIidavits we're read by counsel for
both sides which proved very intere sting.
As previously printed In these c,lumns,
the most important causes given by
counsel for plaintiff why new trial
should be granted were that Juror His
song had made remark to influence the
jury, to the effect that he could mot see
what Mrs. Rex was sueing for" Another
WIS that Mrs. Dora McCurdy, an i'm
portart witness for the plaintiff, was 1e-
tained from court by reason Of an aoci-
dent that confined her to her bed and it
was also claimed by counsel for plaintiff
that Judge Taylor erred in his charge to
the jury.
Counsel for plaintiff read afIldavits as
proof of the allegations contained in the
counsel for defense offered sffidayits also
One was from Juror Hissong, deny ing
having ever made the statement attrib.
nted tJ him. Juror Putt and in fact
the remaining eleven jurors, made a
joint affidavit denying that Juror His
song had made such a statement in their
presence. 1t VAS developed during the
argument that Dora McCurdy, on July 8,
signed sn affidavit to the effect that she
mad received an injury June IL and had
not been out Of bed fcom that date until
June 23. It was stated that WREN the
matter Of such an afIiavit was again
mentioned to Mrs. McCurdy she said it
vas wrong that she had signed the affida-
Wit while sisk from the effects Of con-
flnement and not fully oomprehending
its contents. 1t was also stated that Mrs.
MoCurdy instructed her father to have
plaintiffs counsel prepare another sfll-
davit in its place, that she might correct
some mistakes existing in the first.
Plaintitf's counsel failing to do so, Mrs.
McCurdy appealed to counsel for defen-
dant, and they had prepared ore which
they read 10 court. In this affidavit Mrs.
McCurdy stated that she was net confired
to her bed from the injury, though she
was unable to walk from that Saturday
ubtil the following Tuesday when she
Was up and around. After this time she
was out about the city. Her real cause
for wishing to avoid appearing on the wit
ness st and was her condition at the time.
The argument was closed before noon and
Judge Taylor took the matter under ad-
visement.
MOTION OVER-RULED.
At the afternoon session of court Judge
Taylor rendered his decision on the mo-
tion, taking up the separate grounds
offered in support of the motion. With
reference to Mrs. Silver's affidavit con-
ceruing the alleged misconduct Of Juror
Hissong, the court said that the affidavit
did not set up that the affiant saw the
juror while he was making the remark
to him. She says she looked
up after the remark was made and saw
that it was Juror Hissong. She does
not claim that she knew his voice or
coula distinguish it from others. Glow
could she tell" Inquired the court,
Were the words still burning on his
lipsY The presumption is in favor of
the regularity Of a juror. The presump-
ZION is that he Obeyed the injunction of
the court. To offset that presumption
there must be a clear case. The afIida-
Wit Is unsupported. 1t Gays that the
remark was made il the presence Of
two other jurors. Eleven Jurors say
that Mr.. Hissong did not make such
a remark in their presence. The Juror
@ oml llined of also denies making the
remark. One juror says he went out
with Juror Hissong on the occasion when
sffiant says the remark was made and
that no such remark was made"
In cloting after over.ruling the vari-
Gus grounds Of the motion the court
sai1: 81 do know what the jury be-
lieved about the case. cannot know
what they believed about the truth or
falsity Of the charge The verdict
shows that the jury believed that Mrs.
Demnth accused Mrs. Rex If taking
The feather. 1t may be they believed the
truth Of the ohargs and cut the amount
Of tbs verdict down"
The motion for a new trial wes
overrpled and Mr.. Sterling counsel for
plaintiff, took an exception to the rul-
ing.
OTHER CASES.
Brainard A. Rohn has commenced an
action against Jacob and John Young
to recover S75, the amount of judg.
ment awarded by the January term Of
court. The oonvsyancs of property al
legged to have been made to avoid pay
ment of the judgment Is asked to bs set
aside, and the property sold.
Pauline @. Sohimke has commen ced
suit against John and Margaret Jorden
to recover $4l5 alleged due .on pomis-
sorry note and covered by mortgage. Bald-
win q Yoang filed the petition.
Bruce Taylor has brought an action
against the Ney Manufs scturing Company
to secure judgment for $4,000, plaintiff
alleges that he is the inventor of combi-
nation track for carrying hay. That in