The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-02-07
DEMANDED
THEIR FEES
witnesses Refused to go on
the Stand.
ONLY SOME ARE USED
Sophia Hinaman Asks for
a Divorce.
isc'a NJ. Beaver Denies the AIIcg-
'o''''o"watsf xtr. f Omve s''r
ations Contained in Her Husbands
Petition-Appraiscrs for the EIlcry
Stock are Named.

An unusual delay occurred I'm the
common pleas court proceedings Mon
DAY morning when the divorce case
Oh william Kanncl against Lulu
Kennel came up for trial. Twenty
witnesses subpoenacd from Agosta.
nad scarcely entered the court room
wnen they stood up and demanded
their witness fees in advance.
Inc demand had q shocking effect
Inc plaintiff had not deposited suni-
clent cost funds 10 cover an energen-
cy OF this nature. The Agosta wit
hesses however insisted and frankly
refused TO go on the witness stand
unless their fees together with mil
cage from Agosta, were advanced.
After consultation between the
attorneys. 1t was decided To go ahead
with the trial and use only such wit
nesses as were absolutely necessary
In theUcase. The trial proceeded very
slowly, Each witness, before he took
the stand was paid his fee which
amounted to 81. On accbunt of the
scheme devised by tho witnesses. less
than ono half of those subpoenaed
were placed on the stand.
Tho Agosta witnesses saw that tbev
felt sure that the costs of theh case
would never be paid 1--WE could not
AFFORD to pay our railroad fare over
here ana give opr time to this trial
for hnthipg." declared a witness.
The law allows that I'm civil suits
the witness can demand his fees In
advance. The attorneys for the plain
tiff believe that the witnesses were
urged to their action by the attorneys
for the defendant.
Attorneys Qulgley and Myers are
representing the plaintiff while Az
torney Moloney is acting as council
for the defense Judge William SEQ
field Is on the bench
In the divorce action of George O
Beaver against lscah NJ. Beaver i'm
the common pleas court. the defend
ant filed an answer and cross petition
through her attorneys, Eymon and !
Thompson, Monday.
In her answer, the defendant enters
a general denial of all the allega.
uons mentioned ia the plaintiffs |
petition. Tho defendant claims that
the plaintiff was guilty of extreme |
cruelty, that for the past two years
he has struck her and beat her about |
'''i hSio WHfIl nt klltW the uel- |
icate condition of her health. She |
says that he left her alone at nights
when she was sick, staying down
town until two o'clock in the morn
ing. The defendant declares that she
was compelled to leave home and go
to the home of her parents. She al
leges that the plaintiff failed to pro-
vide home and refused to furnish
proper food and clothing. Cross peti-
TONER asks that the court award her "a
divorce, restore her to her maiden
name, Iscah NJ Brady and TO grant
her unreasonable allmony.
In the receivershlp action of the
Tracy and Avery company against El-
lery Brothers and company In the
common pleas court. l.. NJ. Brandt,
recently appointed receiver of the
company, fled motion Monday ask
ing that appraisers be appointed. The
receiver moves that the court appoint
James b. Layton, ID. B. Goodsell and
Frank owen, appraisers TO make "A
complete inventory of the Ellery
stock.