The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1898-10-20
Hoods SarsapariIla
COURT NEWS.


The case Of Boerner VS.. Tyler was tried
in room before Judge Smith Wednesday
and the decision reserved. 1t was suit
to recover $1,000 on notes owed to Boer-
ner by Tyler and endorsed by Joseph H.
Matthews. The estate was party defen-
dant.
Jacob Cook has commenced an action
against John Hi lie to restrain him from
moving line fence. Harter s. Krich.
baum repre- sent plaintiff.
The Navarro Stoneware Co. has sued
John Zengler ct al. to secure the resoind-
ing of contract s4OO p1rohase price of
stoneware machine aud $500 for failure
to keep contract. Dan W. Shelter
represents plaintiff.
The case of Emma Mitchell against r.
W. McConahy has been OH trial brfore
Judge McCarty and jury for t. rec
days. The plai til is q colored girl of
Alliance who Oh argos defendant, well
known citizen Of that city, with being
the father of her baby. The case was
tried before Judge Taylor and a jury
some months ego and the jury disagreed.
The jury in the case of Emma Mitchell
against r. W. MoConnahy retired Thurs
day afternoon. 1t had an all night ses-
sion and spent the forenoon trying to get
together. When noon came today, Judge
McCarty sent Bailiff Hauptfeuer to bring
them III for dinner adjournment. In
answer to an inquiry from the court as to
whether they had yet agreed, Foreman
f. II. Darr stated that he did not believe
the Jury could agree. They were ordered
back after dinner.
This Is the case in which colored girl
charges defendant with being the father
of her child. It was tried before and the
jury disagreed.
Samuel Cohen, who was indicted for
cutting with intent to wound, was per-
mitted to enter plea of assault and
battery Thursday afternoon. 1t appears
he has paid the father of the SponhLur
boy, who is complainant, a sum sufficient
to satisfy him. Cohen is insured In
foreign companies for the benefit Of his
family, and the policies provide that
they shall be forfeited if the holder suffers
imprisonment for any cause. Conse.
quently friends of the family brought
about an understan ding whereby there
would be no prosecution, and Cohen was
permitted to enter plea as given in the
foregoing. Judge MoCarty fined him
$50 and costs. He paid up.
Hiram Faulk, indicted for burglary
and larceny, also changed his plea to that
of guilty. He was sentenced to the
penitenitary for a term Of eighteen
months.
The Central Savings Bank has brought
an action against Frank NJ. Whitemar
ct al to recover s4,2lO alleged due on
notes A mortgage foreclosure is prayed
for. Baldwin & Shields repres TT plain
tiff.
A. J. Douds has brought suit agains
Simeon Guest ct al. to recover s32t
alleged due on an old Judgment. Plain
tih alleges that execution was had on
1vs shares of st ock in the Cantor
Foundry and Machine Co. as property o
been wrongfully made. The court i
asked to declare the transfer null ant
void. W. o. Werntz, represents plaintiff
John France entered plea of guilty o
petit larceny In probate court this after
noon. France and John Loutzenheise
were recently arrested for working u shop
lifting scheme in the shoe stores of Nc
GowaD, Schumacher and Wingerter
, Loutzenheiser declined to change hi
plea. Judge Wise will sentence Franc
later.
The jury in the case of Mitchell vi
, MoConnahy was excused at noon tnda
by Judge McCarty. For the secon
y time q jury has failed to agree on thi
ca Sc. 1t is said tt sy we're About evenl
divided and at Que time daring thei
deliberations since the last trial stood
to in favor of the plaintiff.
The jury in the case Of Darby ElicI
inger against Frank O. Brown etire
p Saturday morning and returned a verde
at 9:20 o'clock that evening for 81 200
y favor Cf ths plaintiff. Suit for 5000
had been brought for damages for IL
7 loss Of right eye which he alleged WI
" caused by shot discharged from GO
In tle hands of defendant O. Q. Upha
y y represented plaintiff and Wilson & Df
and Judge Thayer the defendant. A mt
tion for a rev trial was filed by a
- torneys for the defense this mornin
They claim error on the part Of the cou
n in receiving evidence under objection
It defendants, in refusing to receive certa
81 evidence, in refusing to charge the jul
W as requested, and in the charge to t