The Marion daily mirror. (Marion, Ohio) 1892-1912, 1911-06-12

lUN lnitlfhlllE tdht OF fIdnk NJ
Smith against Hoke w. Donithen
camc to an abrubt end about two
o'clock this afternoon, when Judge
W. H. Sconeld took the matter in
hand and summarily directed the jury
to return verdict for the defendant.
At nine o'cloc kthis morning a mo-
tion 10y attorneys for the plaintiff 10
arrest the testimony from the jury
was ovcrruled after long argument.
Tho court wanted further light on the
matter involving the sale Of the
Greenwood street lumber company.
The deal was made queer from the
beginning Tho testimony disclosed
that +. NJ. Smith received 500 from
Osward Wolenweber for coming to
Marion and bidding in the property
at $500. The return of the bill of
sale was made out in the name of
Smith Subsequently HolSc w. Doni-
then appeared before Sheriff Stark
and said that he represented the real
purchaser q. Wollcnweber and had
the name OF Smith stricken from the
bin of sale. and his own name insert
ed. thereby coming into possession Of
the property
Later Smith filed a motion To have
the sale set aside, alleging that he had
purchased the property for himself
and was not acting rs Wollcnwcb-
cr's agent. This motion was over
rulod by the court. Smith then sued
Douithcn for $4,000 damages
The testimony showed that Smith
had no money when he hid the prop
H.. 4. L. 80
with anyone at that time to furnish
the money TO scttle for the proncrtv
.au1 that Wollcnweher so Simth
claimed, had paid the first $500 on tho
sale.
Z Attorneys Mouser and Moloncy,
George B Scoield and J. W. Jaroby
represented The defendant and Char
les r. Pelcher Of Columbus, and Fred
WI Warner Of this city. thr plaintiff.
About two o'clock this afternoon
Judge Sconcld stoppcd che proceed
ings and dlrectcd q verdict FOR the de
fendant.nu lilo then, delivered one Of
the mOStsGlthine speeches ever heurd
from the Eocahibench Smith and VOL
lenvobrr iwcrb' both sevcIbdy censured
and Mr.. Donithen came iu for some
caustir consideration. The court de-
clared that the whole deal was per-
mcated with fraud ana that had ne
known. at the time the motion 10 set
the deed aside was overruled what he
iln1Ns now, he would have sustained
thc.motlon.
Ir Had the originM deal gone through
and Mr.. WollcnWeber been able TO
swing it instead Of Donlthcu, who
sold the property TO Joseph Slans"r
IN, Greenwood Street Lumber COM
pauy would have become a part of
the WollcuWcber company as IL cX
istcd at that time.
When Dr. w. A. Charter was rc-
leased from Jail last week ON $1,000
bond signed by Mrs. Charter and the
doctors sou-iu-law, j. T.. Shettcrly, of
Marysvllle Clerk of Courts Klinercl-
ter compelled Mr.. Shettcrly to qualify
by swearing that he owned property
of the value Of $1,000 over and above
Indebtedness.
This morning II was learned by
Prosecutor Justice that through %
misunderstanding, Shetterly had APP
parently made misstatoments and that
he could not be accepted as "A respon-
sible bondsman.
For this reason the bond was can
celled and Dr Charter was rearrestcd
and committed to jail. II Is thought
he will succeed in securing the pro-
per bond within a short time and his
Incarceration now Is merely a formal
with the law.