The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1901-01-18
.f|NG LAN POINT
Passed on By Judge MCCaty Wednes-
day Morning.
Divorce Is The same As death,
SO Far as Separation Is Con.
cerned---Other Interesting
Court News.

Cerned...Other interesting
Court News.
The case of Jennie McDermott VS..
Thomas B. McDermott, from Alliance,
was dismissed by Judge Amber on the
ground that there had not been legal
notice given. 1t was divorce case.
Robert J. Riegler, accused of forgery,
was arraigned before Judge Amber and
pleaded guilty. He was sentenced to the
Mansfield reformatory. He is Canton
youth.
GOT ONE YEAR.
Clarence White indicted for grand
larceny by the last grand jury, pleaded
guilty before Judge Amber Tuesday af-
ternoon and was sentenced to one year
in the penitentiary. White was accused
of having stolen valise from an ALI
ance hotel. His interests were repre-
sented by Attorney w. ]. Piero, who
advised the plea.
WANTS MORE TESTIMONY.
The divorce case of Mrs. Frances o.
Conkell against her husband, James II.
Conltell, was heard by Judge Amber
Wednesday morning. The litigants are
from Canton and the grounds on which
divorce is asked is gross neglect of
duty and abandonment. While the tes-
timony seemed to be sufficient for grant
ing a decree, Judge Amber wanted a
little more evidence as to how the plain
tiff has been conducting herself since
the separation and the matter was post
poned until this evidence is forthcom-
ing.
DIVORCE REFUSED.
The evidence introduced in the divorce
proceeding of Thomas Mckee against
his wife Lottie was far from being suf-
ficient to warrant Judge McCarty In
granting a decree of separation. The
plaintiff was represented by Attorney
permission to amend his petition and go
on with the case, but the judge told
him that he would have to commence
all over again.
'In this court" said Judge McCarty,
1--WE cannot grant divorces on such
slight pretexts. This couple has only
been married about year and the only
thing brought forward is that the wife
refused to cook and sew. There is moth
ing against her character, though an ef-
fort has been made to show that she
wrote some letters. The petition does
not accuse her of any improper conduct,
and this is not competent.
CONSTRUED THE WILL.
A case involving a nice point Of law
was decided by Judge McCarty Wednes-
day morning. An action had been
brought by John E. Anstine, executor,
against the Anstine heirs, to get the
court to say as to what his duties were
and to construe the will. At the time
the will was made one of the Anstine
heirs was the wife Of John Roger, and
the will provided that so long as she
remained his wife she could draw only
the income of her share Of the estate,
but that If she survived him. then she
was to get her share outright without
any restrictions. Mrs. Roger secured
divorce and then asked for her share
of the estate. The executor was at sea
Judge McCarty held that securing the
divorce was surviving, under the intent
of the will and ordered the executor to
pay Mrs. Roger her share.
The estate is valuable one. including
farm near Greentown valued at $10,-
900, besides money and other property
Attorneys Mong and Given represent
ed the executor, and w. o. Werntz ap-
peared for Mrs, Royer.
MINOR COURT NOTES.
An action has been commenced in
common pleas court by Tibertus N
Shilling ct al. to collect the amount OF
a note for $50 from Cynthia Snyder and
William H. Dine, the object being to
secure 1t from the share of the defen-
dants in the estate of Rueben Snyder de-
ceased. ]. A. Jeffers is attorney in the
case. .,E.
David Fording, attorney, of Alliance
has filed q motion for a new trial in
the case of Mary j. Webb, admins
traitor, against Thomas B. Webb.