The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-06-19
INCONSISTENCY
IN THE VERDICT.
Jury In Dick-Martin Case Got
Badly Twisted.
JURY AGAINST GAMBLERS.
They Must Pay Mrs. Mark as 1898 Father
in-Law Did Not Open Purse strings
70 bridegroom Beat His
Wife--Court News.


20 Bridegroom Heat His
wifs--Uourt News.
The case Of Elizabeth Dick against
William H. Martin was given another
whirl before Judge Taylor Friday even
ing Just before court adjourned. At
torneys Sterling and Sponseller came
in with q motion on behalf Of Martin
asking that the court set aside the YER
diet Of the jury and render Judgment
for the defendant on the ground that
the verdict was not consistent with the
answers returned to the special inter-
rogatories given to the jury.
The question hinged on the answer
to the first interrogatory which was:
"At the time Of the alleged assault did
the plaintiff resist to the full extent Of
her ability under the circumstances"
The answer was mo-"
The attorneys for Martin held that
inasmuch as the jury had found that
she did not resist the assault she had
evidently consented to the relations and
that therefore she was not entitled un-
der the law to any damages.
Mr.. Werntz and Mr.. Smith both ar
gued against this proposition and then
Judge Taylor took the matter up. He
reviewed the case and he was very sorry
that the jury had not been more consis-
tent. He could not understand how
they would find that the girl had not
resisted Martins assault and yet had
found verdict for the plaintiff. He
declared the jury under the testimony
might just as we'll have found that the
girl did resist to her full ability but 1t
had not and yet had found for the plain
tiff. The court could not understand It.
He, however, said that the matter Of
setting aside the verdict and rendering
judgment against the plaintiff was pure
ly discretionary with the court ard he
refused to do it and overruled the mo-
ton Of the defense. Mr.. Sterling took
an exception and q motion will be filed
for q new trial in q short time.
RECOVERED FROM GAMBLERS.
The suit Of Mrs. Bertha Mark against
Frank and Julius Kuppinger to recovyr
money her husband was alleged to have
lost to them in playing poker. was fin-
ished Friday evening. The jury was out
about two hours and came in with
verdict for the plaintiff for $27565. In
such cases where 1t can be shown that
there has been gambling at all the jury
is compelled to find for the plaintiff for
at least $50 as exemplary damages. This
Is to discourage the gambling and to in
duce men to quit that kind Of business
hv making ~ riolrv 70 an tn
YOUNG MAN GOT FOOLED.
Attorney ]. A. Rice has filed a suit In
common pleas court In which Flor nee
Long wants divorce from Robert e.
Long. The plaintiff says they were only
married in June, '9S. and that things got
SO bad that she was compelled to leave
her husband the next March. Accord
ing to her story the young man thought
her father was rich and would set him
up in business but when he did not do so
his love grew very weak quite suddenly
and he began to beat his wife. swear
at her and tell her to go home and get
her father to support her. She finally
did go and has been living with her
fether at Navarro. She asks for a d.
vorce and alimony.
MRS. MILLER GETS DIVORCE.
Judge Taylor on Thursday afternoon
heard the divorce petition of Eugenia
, Miller against Edward o. Miller. No
defense was made and the court granted
a decree Of divorce. The matter of ALI
. mony had been settled out Of court.
Judge Baldwin represented the plaintiff.
THE BANK WON.
The jury closed up the case of L. A.
3 Loichot against the Peoples Savings
bank in Judge Taylor's court Thursday
{ afternoon. Mr.. Amber and c. C. Bow
! argued the issues for the plaintiff and
Welty and Albaugh for the defendant.
: The jury was out only a few minutes
when 1t returned with a verdict for the
n defendant.
GAMBLING CASE.
Judge McCarty and his jury on Fri
!, day morning took up gambling case
: The plaintiff Is Bertha Mark and the
Il defendants Hahn and Cuppinger. She
n alleges that her husband gambled with
the defendants and lost $125 and sh,
Is suing to recover the amount. Judg,
Albaugb and Homer Briggle represent
the plaintiff and Clark, Amber & Clarl
l. the defendants. The wife went on tn,
st stand and told of her husbands poke
re playing and said she had gotten abou
r SS5 back from other gamblers who hat
1t won from him.
ID BILLEGERENT MOTHER -IN-LAW
p Judge Taylor opened his. court Fri
,e day morning with a divorce case. Nor
8. ris Crowl wanted to be legally separat
I. ed from his wife, Ollie Crowl. The testi
lg mony showed 1t to be case of to-
n much mother-in-law. The young pal
4. went to live with the brides mothe
and trouble began. The mother-in lay
grew very billigerent and this got tn
daughter excited and she began L
I'd kick her husband out Of bed and fondi