The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-09-30
PROPERTY WILL
NOW Be SOLD
Columbus Sanitorium to be
Disposed Of.
ATTORNEYS HAVE WARM Time
Bitter Words are Exchanged
in Court.
Probate Judge Spcnscr Is Asked 10
Release william Cubbison From
the County Jail---Ncws From the
Various Courts.

Leave was given DR.. G. Il. Sawyer
receiver of the Ohio Sanatorium com
pany. to sell the Park View sanator-
ium In Columbus to the Protestant
Hospital fer S27,500, according to the
terms of the former contract. by
Judge Daniel Babst OF the court OF
common pleas today.
Application for an order permitting
the receiver to sell the property was
filed in the common pleas court, by
DR.. G. Il. Sawyer. The application
states that at a meeting of the board
of directors held Aug. 81, 1909, it
was decided to sell the Park View
property because IL mad never been
u paying project The directors
voted unanimously 90 sell the prop
erty Notice OF this decision was
sent to every stockholder, the receiver
says.
IL Is stated that contract had been
arranged between the Ohio Sanatorlum
company and the protestant hospital
directorate for the transfer Of the
property, which was interrupted By
the receivership proceedings.
The receiver is ordered to sell tho
property as per the application ac-
.cording to law and to report to the
court. ~ '4iN!-
DIR. Henley G Rutter, one of the
defendants in the receivershlp case,
was instrumental in stopping the sale
to the Protestant Hospital some time
ago. Fearing that he would lose his
position as medical director Of the
hospital In the event that IL was sold,
1. is said. he opposed the sale.
Charges OF fraud and mismanagcmens
were made by him and he sought
but failed to have the Franklin coun-
" court assume jurisdiction over the
affairs of the company and appoint o
receiver
Patients at the Park View sana-
torium will be moved here into quar-
ters already prepared for them.
The answer of William Deeds, par
N defendant, in the case of Gardner
and Kelley against the Layton Oil
and Gas company, has been filed. The
defendant denies that he owns four
shares OF the company's capital stock
but admits that he received and paid
for two shares.
tcrney Fred Il. CUTLERY and Attor-
ney Lloyd DeGolley yesterday after
noon during the progress of a trial
III tho court of Justice Conley. so
heated did the attorneys become that
they shouted at the top of their
voices, shook their fists at each other
ard had to be reprimanded by the
court before order was restored.
The suit was one for $3.50 by the
Woodville White Lima Co. against
Mrs Sarah Adams. The plaintiffs
claimed that the defendant purchased
the cement block factory which her
husband operated with money be-
longing to him and given to her TO
defraud the plaintiff. The trouble
occurred when Attorney CUTLERY ac-
cused the defendant of fraud. Attor-
ney DeGolley took exceptions to the
statement OF counsel and 1t was not
lcnp until hot words were passed on
both sides and fists were vibrating IN
the air.
Justice Conley gave the plaintiff a
verdict. The defendant motion for a
new trial was overruled and the case
will be carried to the court of COM
mon pleas -e a.rr .o.g
Probate Judge Spencer will today
decide whether or not there Is suf-
hcient evidence against William Cub
bison to justify holding him at the
county Jail until next January when
the grand jury will meet. Cubbison
being charged with defrauding a liy-
cry keeper. Cubbison's bill which he
refused to pay Cox and Powers
amounted to $1.50. His bond was
fixed at $50 by Justice Conley, who
bound him over to vne' grand jury.
Being unable to furnish even the
small BOND required to guarantee his
appearance Cubbison went to Jail.
Unless Judge Spencer rules in his fa-
vor. he Will have to remain there at
least until the grand jury takes ac-
ton in his case.