The Marion daily mirror. (Marion, Ohio) 1892-1912, 1907-01-31
BURNS GETS
new TRIAL
Is Returned From the Ohio
Penltentiary.
LOWER COURT REVERSED
By Both the Circuit and
Supreme Courts.
Answer and Cross Petition Filed IN
Case of DeLauder Against Parish
ct al Court News.

| Robert Burns eenteGeef to so'y2
Itonr years IN the Ohio penitenliary
Iahou one year ago by Judge Young
on charge of horse stealing, was
brought from the pentcntiary at
MON Thursday, and Is now In the
county jail. The supreme court has
reversed the common pleas and c'"-
Iruit courts and ordered new trial
FOR Burns He has already served
little over a year of his scntancc.
but in the event that he Is again
sentenced, this service will not
cornt on the new sentence.
Tho mandate from Tho supreme
court, awarding Burns n new trial.
sets forth the following reasons 'or
the reversal of the lower courts.
Error in affirming the judgment
and the sentence of the Court Jf
Common Pleas of Marion county in
this case. And proceeding to rem
der the judgment which said cir
cult court should have rendered.
1T is considered and adludged
that the judgment Of the said court
of common pleas be- and the same IS
hereby reversed for error in re-
fusing to give in it, charge to the
! jury instruction No requested by
counsel for the defendant below; al
SO FOR error IN ovarruling the OBJ
lection of counsel for defendant be-
low 10 the statements Of the Pros
.ccutiug Attorney to the Jury respect.
Ing the ALLEGED record Of the Ohio
'penitentary: also for error In over
ruling the motion of the defendant
below for a new trial.
cit IS further ordered and all
Judged that the plaintiff in error
recover Of defendant Ia error his
costs in This court and in the Cir
.cujt court
Just when Burns will be retired
has not been determined by tae
court but It WIN be as soon as pos
.sible. DoGullty and DoGol'cy rev.
PRESENTED Burns at his trial and have
since fought IFS case through the
Circuit and supreme courts.
An amendment 10 the answer Of
the Fremen5 Insurance company
in the case OF W. II. Hinkln
against that company, was filed
Thursday morning. 1t is claimed
that one Of the conditions written
in the policy on which the plain
tiff seeks to recover. is to the effect
that should dispute arise as to
settlement of loss, both parties
'aoree to pick an appraiser and
those two choose an umpire for the
purpose of trying to adjust the
loss.
/ u IS claimed that the comranv and
tho TaintiT could not agree, but
that instead Of so CHOOSING n disin-
erested party the plaintiff brought
his action without trying further to
adjust the disagreement
/ The amendment is filed by McNoal
and Son and j w. Mooney
An answer has been filed in the
case of the Mccall company against
Noah Cast doing business as the
Cast grocery company The plaintiff
claims that the defendant Is indobt-
ed TO him II the sum of $l2S. 81 on
a contract made for the purchase of
ia number OF patterns. In his an
swcr the defendant claims that
part of the contract was to the cf-
feet that all discarded" patterns
should be returned to the company
and the defendant received credit
of 80 per cent, OF the purchase
price. According to this agreement.
the defendant claims he Is entitled
TO credit for $64 35. lie asks that
the contract lie reformed and that
he he given proper credit. Alouscr
and Qulgley represent the delenJ-
ant.
An answer and cross petition has
been filed in The matter of Lawson
| II. DeLauder against Barbara j,
Parish and others The plaintiff
sues TO recover $2S5, which he al
lege. is due him on contract made
for the building of kitchen and
porch on the Parish residence.
The defendant says that the con
rtact was verbal and thai the ktch-
ZEN was not Of the dimensions sper.
fled in the contract that ponion
lcf the old poch was used IN con
istructin the new and that the con
tract price was S225, in short she
denies that DeI.auder fulfilled his
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