The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-11-21
George Seitz's Fine Allow
ed To Stand.
KLEHM CASE IS DISMISSED
Motions and Demurers are
Argued.
jury Reports For Duty But Little
Work Is Accomplishment Busy
Week Promised For Court and
Lawyers.

Judge w. Il. Scofield, this morning,
| handed down his decision in the tive
| lid" cases which were submitted &c
him some days ago. There was an
even break, one case being sustained
and the other reversed.
The case of George Seitz against
| the state was the first to be decided
| In this case, officers watched through
a window at the Seitz home on north
Prospect street and saw him selling
beer to men who were In the room.
| The transaction was complete, the
| beer was delivered and drank and
the money was paid by the purchaser
to Seitz. In the mayors court, Seit2
was fined 5000 and costs and the case
was carried to the common pleasNcourt
on error. One ground of error was
that the mayor had failed to affix his
seal to the AFFIDAVIT or to the warrant
upon which Seitz was arrested. Judge
Scofield held that this was merely o
technicality and that the evidence
pointed unmlstakably to a violation of
the Rose county option law. The
court also stated that the amount of
the fine was in the discretion of the
mayor and that he was without the
power or authority to say that II was
excessive. For these reasons the may
or's court was sustained and the cause
remanded for execution.
The case of George Kehm against
the state of Ohio was next decided and
I'm this the mayors court was over
ruled and the defendant discharged.
Kehm was accused of having fur
nished beer to Laura Price but the
evidence showed that Mr.. Price had
on the morning the raid was made
told his wife TO order a case of beer
and had given her the money with
which to pay for 1t; that Mrs. Price
had ordered the beer and 1t had been
delivered. Kehm who was arrested
for runkenness elaine that the beer
foun at the Price home belonged to
hi mand that it was there for his own
use.
Judge Scofeld in giving his ruling
stated that there was no evidence to
show that Kahn had been trafficing
in Intoxicating liquors and the case
was dismissed.
The petit jury reported for duty
this morning for the hearing of cases
which had been set down for trial,
but there was slip 'twixt the cup
and the lip and the jury was excused
until Friday morning.
In the case of the Brunswick Balke-
Collender company against II. Il.
Drown, sheriff, and Grace Bryan.
judgment for the plaintiff in the sum
of five cents was entered. This case
grew out of the replevin of equipment
for a bowling alley sold to Mrs. Bry-
an.
In the case of Add f. Berry against
the Ohio Farmers Insurance COM
pany. a settlement was effected and
judgment for $3.50 was entered against
the defendant.
Some of the cases which were set
down for trial to the jury will be
tried to the court and the real jury
work will begin Friday morning.
In the partition suit of II. Il. Keen
er against S. p. Keener, the court
agreed to a dismissal today at the
request of the plaintiff.
iuU--
In the suit of Lillian MiIler against
Blanche Riley. George T. Geran was
appointed guardian ad litem for the
minor defendants.
In the divorce case of Charles M.
Powers against May Powers, mo-
tion for temporary alimony was sus-
tanned by Judge Scofeld and the
plaintiff was ordered to pay the de-
fendant $25. mo
The partition suit of G. j. Under
wood against Martha Underwood was
dismissed today on application Of the
plaintiff.
The suit OF Charles Osborne against
the Marion Steam Shavel company
an action for personal injury, has
been dismissed.
In the suit of Frank Dixon against
Gertrude Matthews and others, the
answer of the defendants was filed
today through Attorneys DeGolley
and DeGclley, The answer says that
he plaintiff, since the suit came up
from the Justices court has filed a
petition A judgment for s3.46 Is ask
ed.
Second Call
To get in line for chance in a $35
Xmas gift. You must leave your or
der now at Frei's tailoring establish
ment Delay may mean a loss to you.