The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1898-02-17
DID NOT Hold.
The Indictment of DR.. Eberle is
Disposedof
SPECIAL PLEA IN ABATEMENT

Held Under Bond.
Judge Taylor Friday evening gave q
decision in the matter of the indictment
Of. DIR. II. A. Eberle alleged to have per
formed criminal operation on Miss
Helen Mohr. The case had reached the
court on plea of abatement in the pro-
ceedings filed by Mr.. Eberle's attorneys,
@. @. Bow and Nat G. Mclean. They
attacked the indictment on the ground
that the defendant had not been indicted
by his christian name, which was con-
trary to law in such cases The plea
was argued about q week ago and
authorities were cited from both sides.
The courts docket shows that demur-
rer to the plea in abatemetnt has been
overruled, and that the plea in abatement
has been sustained and that the proseou-
tor excepts. This disposes of the pre-
sent Indictment against DR.. Eberle. The
court has ordered him held under bond of
81 900, however, for his appearance on
the first day of the next term of court, so
that he will be available should the next
grand jury re-indot him.
Frederick Feller has commenced an
action against Mary j. Feller for divorce.
Willful absence is alleged.
John Carnes has sued John d. Stall
man and Amanda Stallman to recover
$3.50 alleged due on a note. Allen Carnes
represents the plaintiff.
Marry I Bass has sued Alferi A. Bush
ing to recover s34.7O, the amount of a
Judgment given in Squire Ro bertson g
court, which remains unpaid
The jury in the case of Anna Calder
head VS.. Jane Finch's administrator, a
case that has occupied the attention OF
Judge Taylor in court room No. for two
days, retired this morning at $3.50. The
suit was for $500 alleged due for services
rendered by plaiotiff during the last
sickness of deceased. After being out
one hour the jury returned verdict for
$3.50 in favor Of plaintiff.
Jem Sullivan, indicted for receiving
goods stolen from the Kramer residence
in Canton, pleaded guilty Thursday after
noon and was sentenced TO one year in
the penitentiary.
No decision was made in the case OF
Elizabeth Feathers administrator
against Judge Henry A. Wise, which wai
heard before Judge Taylor Friday. II
will be given later.
In the case of Thomas W. Leahy
against Emma +. Rooms for s2S com,
mission for bringing about real estate
deal, the jury returned verdict fol
s27. 80 for plaintiff Friday afternoon.
Emily Tepin has commenced an action
against James Tepin for divorce. They
were married in Yorkshire, England, in
1884, and have four children. Plaintiff
alleges that defendant has failed to pro
vide and has been willfully absent for the
three years past. She wants divorce and
custody of the children. Wann 81 Bow
filed the petition.
The question of the settlement of at
torney's fees in the case of Hiram r.
Wise against d. Tyler was up in court
this morning. Sixty-one shares of stocl
in the Dlebold Safe and Lock Co. giver
to plaintiff for collateral security hat
been sold and the question arose as tC
whether or not the attorneys interested
should receive their fees from the sum re
ceived by the sale. The court decided
that the fees should be paid out of thu
| SO, 800 realized on the stock,
FOR NEW TRIALS.
A motion for new trial has been mad,
in the case of Anna Calderhead agains
Jane Finch's administrator Suit wa
brought to recover 5000 for services alleg
ed to have been given during Mrs Finch
last sickness, and verdict for $3.50 wa
given plaintiff. A like motion has beer
made in the case of Maurer's administra
tor VS.. j. W. Wardwell. The suit wa
brought to recover 81, 900 and the jury re
turned verdict for $500. Statuator,
grounds are taken for requesting tn
new trial in both cases.
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