The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-06-08
HAD RECEIPTS
UP HIS SLEEVE.
Lawsuit Comes to a Sudden Stop
Before Judge Taylor.
$4,000 DAMAGE SUIT FILED.
One Farmer Said Another stole His Rails
Jacob Berlin on yriai For Assault
and Battery Case of Summer
VS.. Elbel q Co. Taken Up.

:"
The case of Jacob s. Grow against
James II. Sprankle as administrator OF
the estate of Rudolph Sprankle came to
an unexpected end Tuesday afternoon
The plaintiff claimed the amount Of
$592.75 due him for care and nursing of
the decedent and the sum of $206.6S as
a balance due on settlement OF ac-
counts. The testimony for the plaintiff
had nearly closed, when they discovered
from their own witnesses, that their
first claim for nursing was not well
founded and that they had entered into
several written contracts of settlement
which were binding upon them and
estopped them from showing, by any
parol evidence, that 1t was otherwise.
Attorney Grant for the defense had the
receipts in his pocket and when the
other side found It out, the plaintiff
proposed settlement upon the follow
ing terms: That the defendant pay the
sum of $45 and each party pay his own
costs. This the defendant accepted, it
being what he had offered to confess
Judgment for before the trial began and
the real situation of their accounts as
he had at all times claimed. Walter S.
Putnam and James Sterling represen-
ted the plaintiff, and James j. Grant
and Abram w. Agler the defendant.
WANT A DIVISION.
George Geier has commenced suit In
court against John Geier and other
heirs of George Geier, Sr., for the parti-
tion of the property left by the deceas-
ed. The property cosists Of lots 299S,
631 and 632 in the city Of Canton. We'll
ty & Albaugh are attorneys for the
plaintiff.
ASKS $4,000 FOR LIBEL.
Attorneys welty & Albaugh on We'd
nesday morning filed a suit for DANA
ges in common pleas court in which
Jacob G.. Thomas demands $4,000 from
his neighbor, George w. Loutzenheiser,
for libel. The parties are farmers. The
plaintiff declares that he has always
had good reputation, but that last
November Loutzenheiser said to some
other par ties that He (meaning Thom-
as) stole my rails The plaintiff says
that he did not steal any rails and he
wants 5000 for that expression. Again
| in March and also in April Of this year
the claim is that Loutzenheiser re-
peated the rail story and declared that
the plaintiff had hauled rails from his
, farm, and for each of these statements
the plaintiff asks for $1,000, making a
total of $4,000.
BERLIN CASE ON TRIAL.
Jacob Berlin, a grizzled farmer over
six feet tall from Marlboro township
| was placed on trial before Judge Nc
Carly and a jury of his peers in court
room No. Wednesday morning on the
charge of assault and battery. The
prosecuting witness is Alfred Black
ford. Blackford was delinquent tan
collector and went to the house of Sam
uel Berlin to collect some tax. Samue
got mad and the two were having some
| hot words. At this injuncture Jacot
put in an appearance. Blackford says
that Jacob descended upon him like @
| thousand bricks, ordered him off tht
place and grabbed him by the arm. Ir
the scuffie Blackford says he STRUCK
Berlin with his cane and then Berlir
downed him and kicked him in thu
head.
| Berlin's story is that Blackford ant
his brother were getting pretty close t.
a row and he came to stop the proceed
ings. He says that he did down Black
ford but that all he did was In self
defense. Prosecutor Day representl
the state and r. A. Pinn the defendan
in the case. At II o'clock the issuel
were made up and given to the jury
The jury was called down at 11:15 ant
allowed to go to dinner. At ! o'clocl
the consideration Of the case was re
sumed in the jury room.
SUMMER VS. ELBEL & CO.
In Judge Taylor's court Wednesda!
morning the case of Charles Summer VI
Elbel & Co. was taken up before jury
Summer was an apprentice at the Elbe
shop who went in to learn bench mold
ing. He claims that before he got i
learned he was discharged In violation
of his contract. He claims 5000 a
damages and $237 as pay that he shoul'
have received. Sterling & Brauche
represent the plaintiff and Clark ant
Amber the defense.