Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1900-03-30
Clerk IsbeII Gives Evidence-court
House News. n

Akron, Contractors Jas. Wildes d
Son and Z. Il. McCourt,, and the City
Commissioners from proceeding with
the East Market street paving project,A
was lard Friday afternoon tt fore
Judge ID. j. Nys~
City Souctor Esc"4" = being assist
ed 10y Judge Il. ". St~r,i. representing
Jas. ', ildes & Son and Nttorney Day
ton A. Doyle, representing p. #. Nc:
Court. CO
City Clerk Charles II. Isbell, was the.
first witness placed upon the stand,
The records of the City Council of
March IL and 10 were introduced in
evidence, as was also that part of the
records of the City Commissioners
having reference to the bids received
for the paving of East Market st.
After this had been done Attorney
Rowley asked:
Have these recordes been changed?'
Clerk Isbell: 'They have"
"Were they changed by you?'
"They were not"
Were they changed by your author
Iity?"
No"
do you know who changed themI
81 do. They were changed by the
City Commissioners and the steno-
grapher." i,
The change referred to was the in
sertion of the following motion:
Moved by McMillen, seconded by
Crisp. that the bid of ]. j. MCGOWAN
be thrown out" Also a similar mo-
ton referring to the bid of Howard
Herring.
The altered minutes show that all
| Commissioners voted for the motion.
The minutes were changed since March
2S and since the contract was award
ed to Wilces and Son. M aS
Upon cross examination by Judge
Stuart, Mr. Isbell, when asked
| when he first knew of the meet
ing of March 10 the witness said that
he simply saw them about the office
at o'clock. There We're present the
Board of City Commissioners and
Messrs. Paul, Carlton and Brady, the
Street committee of the City Council.
mo one told me to keep out" said
Mr.. Isbell, but ! was not asked TO
come in. When anything like con-
tract or franchise is passed the Clerk
is usually excluded. At meet
ing of the City Council Mr..
Carlton made majority re-
port and Mr.. Paul made minority
report"
Judge Stuart asked: "The majority
report was adopted by vote of II to
/, was it not?'
"It was,' replied the witness.
| CARRIED HIGHER. ~,
The case of Gideon Carr, administra-
tor VS.. Edwin Hull ct al. has been
taken to Common Pleas court. Tire
action was originally commenced in
Probate court 1t was brought for the
purpose of selling real estate to pay
debts. Tie contestants are now fight
ing to see who will pay the costs which
amount to 5000.
ANOTHER DELAY.
The attorneys for Harvey G. CARRIER
have filed Il motion asking that the
trial of the case he postponed until
| the next term of court. IL is ailegc |
that CARRIER is i'll and that it will hc
impossible for him TO be present. An
affidavit has also been filed by John
c. Welty, one OF the attorneys for the
defendant, in which he says that he Is
confined to his home by sickness.
RECEIVER APPOINTED.
A petition was filed in Cmmon Pleas
court Friday morning asking for the
appointment of receiver of the bus
mess of Barney McDermott. 1t is
claimed that he is unable to meet his
obligations as they become due and
that the creditors will suffer if their
interests are not protected by the
court. Jacob Pfeiffer is the plaintiff.
McDcrmott owns Il saloon in the base
ninnt Of the Pfeiffer block on South
Main st. John Lampalter was an
pointed receiver. The bond was fixed
at $500.
MOTION TO RETAIN COSTS,
] A motion to rctay the costs i'll the
case of Samuel Goldberg VS.. Henry
Greenbaum, has ben filed by the plain
,Hf 1t is alleged that Sheriff Keliy's
costs are excessive. In the same case
the court has ordered Distributors
of the fund created by the sale OF
goods last. Saturday. The court costs
will first be paid. The balance VIII
be distributed on the judgments of the
plaintiff and Tillie Greenbaum. NJ
CALENDAR ENTRIES.
william Hawkins has been granted
divorce from Ann e. Hawkins ON
the ground Of adultry.
Jacob Dettling was given the verde,
against Christopher Koch for S43s,4I.
The plaintiff, in the case of Jacob
Goldstein vs.. j.. ID. Carpenter, failed
TO appear and the court Instructed tDe
lihry 10 retul'a verdict for'the Ne
fendan,.' 58
" -'s9ff ld9fi f.'is 'a1Sf ~ s1.R 81,