The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1898-03-10
SIMPLE ASSAULT.
Dangeleisen Gets Off With a
Very Light Verdict.
CURRY CASES ARE NOT TRIED.
One Is Nollied and Another Is Held on
Notice That Demurrer Would BE
Filed Palmer Offers to File


Notice That Demurrer Would BE
Filed-Palmer Offers to File
Case.
The trial of Ohio VS.. Andrew Dangel-
eisen, indicted for shooting with intent
to wound and also shooting with intent
to kill, was concluded in court room No.
Wednesday before Judge McCarty and a
jury The case was submitted to the
jury at $50 ana they returned verdict
at 2 o'clock. 1t was verdict for as
sault. The penalty is fine or imprison-
ment discretionary with the court. Dan
geleisen has not yet been sentenced. He
was represented by Attorneys e. G. Will
son of Massillon and @. 9. Bow of Can
ton,
Andrew Dangeleisen, who was indicted
for shooting with intent to wound Chris
tian Frantz, and who, after jury trial,
was found guil'y Of assault, was before
Judge McCarty for sentence this morn
ing. The judge fined him $50 and costs
of prosecution, which he paid
CURRY WINS A FALL.
The cases of Ohio VS.. Frank Curry, in
dicted for selling liquor in prohibition
township and also for selling on Sunday,
were assigned for trial in court today.
urry, when first arrested, entered plea
of not guilty, without counsel. He since
engaged Attorney Q. G. Bow to represent
him. In court this morning Mr.. Bow
asked that his clients plea might be
withdrawn, it having been unadvisedly
entered before defendant could secure an
attorney. The court allowed the with
drawal of the plea, and Attorney Bow
asked time to file a demurrer to the in
dictment on the ground that it is INSULT
cient to constitute an offense. This was
allowed and the case passed The defen-
dant was ready to proosed with the trial
Of the case for selling on Sunday, but the
states witnesses for this case were not
present and this indictment was nollied.
PALMER FILES A SUIT.
Attorney John e. Palmer today left a
petition with the county clerk for fling
which claims damages to the amount o
$5, 900. Mr.. Cavie Richardson is the de-
fendant. Plaintiff says that on or before
February II, 1898, he was engaged in
the profession of attorney at law and that
defendant, In the presence of divers per
sons, uttered "false, malicious, deroga-
tory statements" concerning the reputa-
tion Of plaintiff. Defendant is alleged to
have made statements rejecting on Pal
mer's honesty, and an alleged 81 transac-
ton Is mentioned in the petition. Plain
tiff claims to be utterly ignorant of the
facts that led to the report that he was
guilty of dishonest act. He claims to
have been damaged to the extent of So, 900,
for which he prays Judgment. Mr.. Pal
mer is his own attorney in this case.
MILLER WON THE SUIT.
In the United States district court,
Judge Kicks has affirmed the report of
the master in the case of j. T. Hess VS..
The Cleveland Cooperative Stove Co.,
awarding Mr. Hess SO, 462 damages for
infringement on patents covering the
Laurel stove, manufactured by Hess,
Snyder & Co., of Massillon. Judge
Kicks originally herad the case, but re-
ferred the matter to master, whom he
selected, for thorough investigation. At
torpey Charles r. Miller, of Canton, re-
presented Mr.. Hess.
MANDAMUS DENIED.
In the mandamus case against Judge
McCarty, Of common pleas court, to COM
pei him to sign bill of exceptions in the
case of Smith VS.. McCue, the circuit
court, just before adjourning Saturday,
refused to make any order whatever.
Judge McCarty's reason for refusing to
sign the bill was because it was present.
ed on the forty sixth day after the ,judg-
ment, instead of the forty fifth day, as re-
quired by law, and he was without juris-
diction to sign the same.
The foregoing is the statement of the
matter as given by Judge McCarty. At
torney James Sterling asked today that
the following statement of the case be
made:
1--WE simply made a motion in the cir.
cuit court for the fixing of rule day for
the return Of the tice to be served upon
Judge McCarty cf the time for hearing
the application for an alternative writ of
mandanus. We did not ask that writ
be then i5su u, for Jhe reason that notice
had not been served upon the Judge or
accepted by him, and the court would not
have had time to hear 1t on that day If
notice had been secured. The circuit
court granted the motion made by u.s."
TIME TO ANSWER.
In the case of Sample @. George VS..
George ID. Saxton suit for $50, 900
damages for alleged alienation of q wife's
affections, motion was made in COM
mon pleas court Monday morning to enter
judgment by default Attorney j. ].
Grant for defendant produced letter from
Judge Day, who has also been retained
by Mr.. Saxton, stating that he would be
in Canton March 16. Judge McCarty
thereupon gave the defense until March
10 to answer, after which date they will
be subject to Judgment by default. Nat
c. Mclean represents the plaintiff.
ACTION ON NOTES.