The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1902-03-07
Called as Witnesses In
Circuit Court.
THE MORTENSEN CASE
Against the Troy Laundry Com
pany Is Up for Heariug-.Da-
cisions Are Handed
Down..

Circuit court reconvened Tuesday
morning with Judges Douglass, Vor-
hees and Donahue upon the bench.
Two decisions had been postponed un-
til the opening of court in order to
accommodate interested parties, and
they were handed down at the open
ing of the session. I'D
The first one passed upon was that
of Daniel f. Mock against Newton
X. Bowman. This was an action
brought to close up partnership bus
mess which existed between the par
ties to the suit. They had been as
sociated at North Lawrence. Arbitra>
tion had been agreed upon and after
the arbiters had made their report
Bowman objected upon the ground
that an enemy of his had been selected
as the third man.
He tried to get the report set aside
in the lower court, but this was re-
fused. and the case was carried to the
circuit court. Judge Voorhees,, who
reviewed the case, gave quite a dis
sertation upon the law relative to ar
bitration and held that this came un-
der the statute. Mock had filed a mo-
ton to have the appeal dismissed and
that was the feature Of the case heard.
The motion to dismiss was sustained
and the lower courts judgment af-
firmed. Shields and Pomerine repre-
sented Mock, while Sterling and Bru-
cher appeared as counsel for Bowman.
HOWARD AGAIN LOST.
Adam Howard, Of Canton, who was
held by common pleas court to be re-
sponsible for the support Of his chill
dren, appealed the case to circuit
court claiming that there had been er
ror in the trial of the case before
Judge McCarty. The circuit court sus-
tanned the common pleas and Howard
will have to pay the verdict returned
against him.
The case is one that attracted con-
siderable attention. Howard had been
ulNoiCCu lloh WilC Gnu DIG. va
given the custody of the children.
During her lifetime she supported
them by her individual efforts. After
her death, the children were left with
their grandfather, Warren Umstead,
who brought suit against the father to
compel him to pay for their keeping.
The jury returned verdict against
the father for $621. In passing upon
the case, Judge Douglass stated that
after the death of the wife, no matter
what had been the arrangements prior
to her death as to the keeping of the
children, the father then became liza
BILE and could be held for their sup
port. There was nothing in the case
to show that he had ever made any at
tempt to recover the children or make
any provision for them. He is said tn
be possessed of considerable property.
Howard was represented by Attor-
neys Bow and Upham and Taylor and
Stewart appeared for the grandfather,
Umstead.
THE SMOKE NUISANCE.
After the decisions had been handed
down, the hearing of the case of Hen
ry Mortensen against the Troy Laun-
dry company was taken up. This Is
a case brought by Mortensen to re-
cover damages for injury done him
and his property by smoke from the
laundry in the north end of Canton.
Mortensen won his case and got ver-
dict and an injunction restraining the
creation of smoke at the laundry. The
laundry, 1t is said, put in smoke
consumer and continued burning coal
as before. The laundry company did
not like the finding of the lower court
and appealed. The court room Is full
of girls who work at the laundry, and
who are witnesses In the case. Bow
is attorney for Mortensen and Welty
and Albaugh for the company.