The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-09-21
DOCKET LAGS,
JUDGES REST.
Court Was Only NOminally in
Session Tuesday.
TWO DIVORCE SUITS DISMISSED
which Was the sum Total of the Business
Transacted In Both Court Rooms
This Morning - Routine
Court Matters.

This morning - hOutne
Court Matters.
The attempt to hold court Tuesday
morning was not very successful. The
docket was called in both rooms and
nothing was ready for trial.
In court room No. 1, Judge McCarty
dismissed two divorce proceedings, that
OF Youtz against Youtz and Lobus
against Lobus.
In Judge Taylor's room the divorce
case Of Calling against Calling was
also dismissed at the costs of the plain
tiff. The assignment furnished nothing
for trial, and though court was nomi-
nally in session all forenoon, the judges
were at ease and did not occupy the
bench
ANSWER TO SHOCKS.
Through City Solicitor Smith and
Lynch G Day. attorneys. the city Of
Conton has filed an answer to Shock
Bros, in their action to perpetually
enjoin the city from using water out
Of Nmisillen creek. The answer sets
forth that the quantity of water taken
from the creek is much less than the
petition AYERS, and that more than
half of the amount Is drawn from
other sources; that the water diverted
into the race returns again to the creek;
that the storm water sewers Of the
city, the water from the wells of the
city and from other sources returns as
much to the stream as is diverted; T;
that the diminution of the stream is
due to natural causes and not by rea-
son of use of water by the city.
For its second defense the city
claims that 1t has used the water out
Of the creek, for more than 81 years
last past, and that it has thereby ac-
Quired the right.
GRAND JURY WITNESSES.
The following additional witnesses
have been subpoenaed to appear before
the grand jury:
Arthur Ralner, Rosa visoc, Carrie
studer. Caroline studer. DR.. E. o. Port
man, S. Simon, Reuben warpen, EN-
ma jackson, Frank Jackson, Alfonso
Walker, Wash Funk, VIM. Beardsley,
Lewis Smiley, James Williams, Benja-
min Noll, Wolf Miller, Isaac Rudner,
Lewis Jacobs, Chas. Riblet, z. L. Motifs,
August Hemman, Martha McCauley,
j. ]. Wise. Jerry Kitchen, Louis Beor-
ngeon, August Miller, Henry Smith,
Fred App. Robert Morrison, Joseph
p. Wielandt, r. Morrison, Jr., Mary
Gibler, Geo. Schlemmer, Henry Sch
lemmer, d. M. Reinhart, Arthur Betz,
w. H. Cavnah Andrew Bixler, o. p.
Guest, A. w. Lash, Mary Malone, John
Zopp. w. e. Lash, J. A. Bowman.
JUDGE TAYLOR GOES HOME.
The only busy branch of the court is
the grand jury. 1t is examining wit
neses by the score, but mainly on the
cases Of those parties under recogni-
zance, and little interest is excited.
Judge Taylor stated Tuesday after
noon that he was going to his home
in Carrollton and would not return until
Monday Of next week, unless something
came up demanding his presence here.
He stated that Judge McCarty could
look after the business easily.
During the afternoon the court rooms
were deserted, practically nothing being
done.
AMENDS HIS PETITION.
William S. Hadley, in his action
against the city Of Canton and the
council has filed an amended petition
that his bid was in every way particu-
lar in accordance with the law and the
requirements set forth In the specifca-
tions Of the council in advertising for
bids. 1t Is averred that the bid con-
tained plaintiffs full name; that II
was accompanied by a guaranty; the
proposals for labor and material were
separately stated; that the REALTORS
bid was not refused because of any in
formality in making the same, but be-
cause of the pretended fact that he was
not the lowest bidder.
A MINERVA DELEGATION.
The Tuesday morning train brought
to Canton large number of Minerva
citizens who were subpoenaed before
the grand jury on the Rea horse steal
ing case, and 1t Is also rumored that
some questions were asked them about
certain violations Of Minervas local op-
tion ordinance.
WANTS HIS MONEY.
George Walter, jr., has sued the Can
ton-Spara Brick Co., for $120, which
he claims Is due him for work. Attor-
ney J. A. Jeffers filed the petition.
RECEIVER APPOINTED.
In the case Of Elmer A. Hursh VS..
Allen o. Zinninger. for the appointment
of receiver to close out the business
of Hursh & Zinninger. at Paris, a decree
has been issued by Judge McCarty
and Homer e. stier has been appointed
receiver.
TO COLLECT AN ACCOUNT.
w. H. Smith. attorney for Gasser.