The Marion daily mirror. (Marion, Ohio) 1892-1912, 1912-03-04
ARMSTRONG IS
A FREE MAN
Indictment Against Him
Nollied on Motion of
Prosecutor.
WITNESS REFUSE TO TESTIFY
Foreclosure Suit Brought
Against l.. G. Hatcher and
Others.
Court of Common Pleas is a Busy
Place This Morning-Attorney G. L..
Justice Files Motion I'm Suit Against
County Officials and Others.

Because the prosecuting witness re-
fused to come to Marion and testify
i'm the case OF the state OF Ohio
against Harry Armstrong, Prosecuting
Attorney G. L. Justice filed n motion
IN the common pleas court, this morn
ing TO have the indictment nollled.
The motion was granted by Judge w.
r. Sconeld and Armstrong was releas-
ed from the county jail.
In March, 1911, n charge of stealing
S5 pair of shoes fro man Erie car was
placed against Armstrong and he was
later arrested after an investigation
conducted by Erie Detective Ellis
worth and the local police. They
strong sold the shoes at 50 per pair.
Later It was learned that the shoes
had been consigned 20 Crown Point,
Indiana, by the NJ. 4. Packard COM
pany. Brockton, Mass. The case was
assigned to be heard March l. and B.
A. Marvill, a representative of the
shoe company was unable to come to
Marion to testify in the case. The
case was then continued until March
10.
Today. Attorney Justice received a
telegram stating that Marvill posi-
lively declines to come to Marion be-
cause It is impossible FOR him to be
absent from his wife and children and
considers his presence with them of
more Importance than his testimony in
the case.
Armstrong was arrested when he
was dismissed from the Dayton work
house last fall and has been languish-
irg in the county Iss; since that time.
In the partition suit of William o.
Martin against Orthia II. Martin and
others, the court this morning ordered
the sale of the premises set aside and
vacated. The election to take the
property by Walter b. Whitehead was
approved and confirmed. The court
| ordered the property awarded to him
at the appraisement and the sheriff
to execute a deed and distribute the
proceeds.
A motion for a new trial i'm the
case OF 5. n. Abel and others against
Ill. N. Oberlander, of Bucyrus, was
overruled by the court today. A mo-
tion for new trial was also over
ruled in the case of the International
| Harvester company against George
Parish and others.
Judgment to the amount of about
$3.50 was given the plaintiff in the
case of Carey II. Wiant against John
w. Clark and others. In making this
declslon, the court sustained the de-
cision Of Former Justice Conley.
from whose court the case was ap-
pealed
In the matter OF Ned II. Thatcher
against Francis E. Crosby and others,
the court ordered the plaintiff to Sc
cure the costs by March Ia, 1912.
| "A demurrer to petition filed by
Mary H. Courtney against James B.
Bolander was oyeTuied and the de-
fendant was given leave to answer
by March 2s, 1912.
| A demurrer was oVerruled In the
case of James II. Bolander against
ICharles H. Conley The defendant
was given leave to file an answer 10y
March 10, 1912.
In the case of Sarah A. Tongue
against Michael Tonguet the cour
overrnled a demurrer to the reply o.
IDaniel Brady to the cross-petitioi
OF Christian Houck, this morning
Brady WAS given leave to file al
amended answer and cross petition to
Christian Houck by March 23, 1912.