The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-06-08
STOCK TRANSFER
Is AT ISSUE.
Old Controversy Revived By
An Action In Court.
FOUND BERLIN NOT GUILTY
Jury wrestled with the Case Four Hours
Before Reaching q Conclusion
Horse Trade Being
Aired.

On the assignment for Tuesday was
the case of Anton Diebold against Jas.
@. BarbourJames M. Mcneil and Chas.
A. Burgy. This suit was started some
time ago and the defense was all ready
for trial. Wednesday, Judge Frease,
. attorney for the plaintiff, went into
y court and had the case dismissed. In
the afternoon he started another suit,
Just like the first one, with the excep-
tion that the plaintiff in the first one
was reinforced in the second one, and
instead of being on behalf of Anton
Diebold alone, the suit now stands as
Anton and Charles j. Diebold against
the defendants. The allegations in the
petition are that back in 1895 the plain
tiffs owned 100 shares of stock in the
Diebold Fire Brick Co., Of 800 a share,
and that the stock was worth at that
time 10 cents on the dollar. The plain
tiffs claim that at that time they enter
ed into an agreement with the defend
ants by which they were to get some
| money to carry on the business. BY the
terms of the contract the plaintiffs were
II to transfer to the defendants 105 shares
N of the stock they held and the defend
fants were to pay into the company the
sum tof $10,500 The plaintiffs say they
did transfer to the defendants the stock
land that they accepted 1t and treated 1t
las their own, but that they never paid
In the money excepting $1,000. By reas-
ION of this failure the plaintiffs say that
the business Of the company was en-
barrassed and brought to the verge Of
ruin and that the los shares Of stock,
which was worth such a large amount
! when thy transferred it to the defend
ants, is now practically worthless and
that by reason of the failure of the de-
\ PENDANTS to live up to their agreement,
1.-THE plaintiffs have lost the value of this
4 stock. They therefore demand as dam
ages the sum Of $10,500.
n OF the stock transferred 1t Is claimed
l$4,OO0 went to Barbour, $500 to Nc
Neil, and $4,000 to Burgy. Burgy lives
Lin Pittsburg, and in order to get him
jinto court garnishee has been issued
tagainst Henry Belden, against whom
Burgy secured a Judgment in court
some time ago.
/ BERLIN NOT GUILTY.
The jury in the case tried Wednesday
in which Jacob Berlin was charged
with assault and battery on the person
lof Alfred Blackford lad hard time
in coming to a conclusion. The trial
Sonly lasted two hours and 1t took the
'@ry over four hours to decide the mat
\ NAT first tn vote stood about even for
tiction and acquittal, but the ad-
hes gradually abandoned their po-
IN and at o'clock a verdict was
light in saying that the defendant
n not guilty. The entire case hinged
n the fact as to whether Berlin, after
4 he Md downed Blackford. had beaten
fhim more than was necessary to save
thimself from bodily harm or not. The
kjury concluded that he had not.
N A HORSE TRADE.
Judge McCarty on Wednesday after
noon took up the hearing of the case OF
1 William Blackledge against Creigh
n ~Heaston. The case grew out of a horse
7eal. Backledge worked for Albert
t1ung at delivering ice. He needed a
y I,Srse and he claims that Young ad-
/yanced him the money to buy one for
$55 and he was to work out the price.
y Young discharged him in a few weeks
and then went and took the horse from
! Blackledges barn and sold 1t to Creigh
L Heaston. Blackledge replevined the
beast. Young claimed that the horse
was his and Blackledge had no right
n to 1t. The case was contested before
Justice Reigner and Blackledge won.
4 Young APPEALED the case to common
pleas court and 1t is now up for settle
H ment. J. A. Rice represents Blackledge
and Sam Burgert and Otto Young ap-
4 peared for Young and Heaston.
ANOTHER HORSE CASE.
The case of d. l.. Wise against Harlan
n True and others was placed on trial
before jury in Judge McCarty's court
AiThursday afternoon. The plaintiff is
n suing for about 800 which he claims on
note given in payment for horse.
y The defendant set up the defense that
the horse was not as represented and
v that the beast finally died by reason of
not being sound. They therefore refuse
y to pay the note.
Mr.. Albaugh, assisted by John Blake,
I. represents the plaintiff and Turner &.
,Webber are on the defense.