The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-06-12
FORMER COUNTY SURVEYOR
On the Rack In Court to Defend An
Action For Damages.
CLAIMS OF THE PARTIES
Young Woman Insists That the Plain
Township Man Assaulted and Ruined
Her and She Is Iu Court Asking
That She BE Paid $4,000
Damages.
(From Fridays Daily.)

Damages.
(From Fridays Daily)
The most sensational lawsuit now on
the court docket was placed on trial
in Judge Taylor's court room before q
jury Friday morning. The plaintiff is
Elizabeth NJ. Dick and the defendant
is William H. Martin. The suit Is for
5000 damages for alleged assault and
seduction. The case has a companion
case brought by the sister of the plain
tiff against Martin for the same amount
but only the one Is now on trial. The
attorneys for the plaintiff are E. L.
Smith and w. o. Werntz and for the
defense James Sterling and John Spon-
seller. Ss....
Before the case could be started a
special venire of jurymen had to be
drawn and the following men were call
ed in: Samuel Lowenstine, John Field
ting, Samuel K Reed. Samuel Unkefer.
Homer Beard, Homer ]. Stone, John
G. A. Richter, Homer Cooper, L. d.
Blanchard, William Stuart. The jury
as finally made up was as follows:
Homer Cooper, L. p. Lacy, w. F.
Schario, Webster Lonis, Geo. Rex,
cdIiutl lHhtltT, COLOuldH JOHU
Schumacher, E. H. Brosius, Samuel
Lowenstine, William Stuart, John
Fielding.
CLAIMS OF PLA1NTIFF.
Mr.. Smith opened the case by stating
the claims of the plaintiff. He read the
petition and said that they expected to
show that about November, 1898, Eliza
beth Dick went to the home of Martin
where her younger sister, Ella Dick,
was working, and took the place of her
sister who was taken down sick. She
worked on until April. About the last
Of December, he said, while the girl was
sitting in the Martin home one even
ing, Martin approached her and throw
ing his arms around her, forced her to
the floor and attempted to seduce her.
She made resistance and frustrated him.
A few days later, the attorney, said,
they expected to prove that he again
caught her and thrust her upon a
lounge and then did succeed in accom-
plshing her ruin. This and other
similar assaults, it is alleged, became
known to the public and the girl was
therefore damaged in her reputation,
and by reason Of the acts OF the de-
fendant the attorney claimed the plain
tiff was made sick and suffered in body
and mind. Mr.. Smith said that they
would prove that Martin had repeatedly
admitted he had had improper relations
with the girl. Mr. Smith further said
up to this time the lady had been en-
tirely virtuous and chaste.
CASE FOR DEFENSE.
Mr.. Sterling stated the case for the
defense. He said they denied all the
material allegations in the petition.
They denied that the girl was chaste;
they denied that any assault was made;
they denied that Martin had seduced
her against her will. Mr.. Sterling in
his statement by inference rather admit
ted that relations of undue intimacy
had existed between the plaintiff and
defendant but claimed that there was
no assault and that under the law
girl who consents cannot maintain ac-
ton for damages. He said that the
fact was that at the time this girl says
she was assaulted and made such
strenuous resistance Mrs. Martin was
up stairs in bed and the children and
the girls own sister were in the house
and yet none of them ever heard a
word nor an outcry. He says that the
girl was to blame for whatever hap
pened as much as anyone; that she at
that time would make excuses to stay
UP late at night after the rest had gone
to bed on the plea that she wanted to
sew; that one time Mrs. Martin came
down stairs and found her sitting there
late at night on Mr.. Martins lap in
very effectionate attitude and not max
ing any resistance at all, such as the
plaintiff claims.
DIR. BAKER CALLED.
opened with DR.. w. o. Baker on the
stand. He is a doctor who attended
the girl when she was sick and he Is
also the pastor Of the River Brethren
church of which the girls father is a
member. He testified that he had seen
her come into the room and Baker
charged him with "meddling" with the
girl when she worked for him. The
doctor said that Martin at first denied
the charge but afterward admitted 1t
there in the presence of the girl.
THE PRINCIPALS.
The case is attracting a lot of atten-
tion. The girl as she appears in court Is
quite a comely looking lass. She Is 20
years old now but was only Is when
the offences complained of were COM
mitted. She is the daughter of John
Dick. who lives two miles this side of
Osnaburg. The girls sister, Ella Dick.
Who also was working for Martin, and
Who was relieved by this one. but who
afterward went back there to work
again. and who makes the same charges
and sues for the same amount against
Martin. IL only Is years old now and
was only II at the time Of the alleged
tnproper conduct complained Of. i5he
has since married. however. but win
pgosecute her case against Martin all