The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1915-10-26
Case In COmon Pleas Court
By Decision
Of Judge Blair On Saturday
"A Prolonged Litigation
Other Items OF Interest From
The Court House

Judge Blair Of the court OF common
pleas gave q written opinion Satur-
day in an important case and one
that has been prolonged in the local
courts. The style Of the case was
Columbus Ewalt, administrator OF the
estate Of Elizabeth Delano. vs. Ben
Ames. The decision of the court Is
in favor Of the defendant, Ben Ames.
In the opinion the court found that
the appointment Of Columbus Ewalt
by the common pleas court was illeg.
al and the plaintiff had no legal ca
pacity to sue.
Secondly, the court held II the ap-
pointment was legal. Elizabeth De-
lano had in fact elected to take un.
der the will of her husband, Colum.
bus Delano, although she made no
formal election in probate court.
Therefore the plaintiff would have no
interest in the assets Of the estate
Of Columbus Delano.
In the third place, the court found
no concealed assets of the Columbus
Delano estate, as alleged in the plain.
tiff's petition.
The last will and testament of
Samuel Gassaway, late of Clinton
township, has been 6led in probate.
BY the terms of the will the testator
gives all his property to Joe Hooker
Post No. 81, Grand Army Of the Re-
public, of Mt. Vernon. L. Tate Crom-
ley is named as the executor of the
will, which was signed June %, 1915,
in the presence Of G. e. McMannis
and Angie e. McMannis.
o.
License Granted
A minister's license to perform
marriages has been issued by the pro-
bate court of Knox county to Rev. A.
s. Winslow of the Episcopal church
of Gambler.
Seymour Arrested
William F. Seymour, for the past
several years the well-known man.
ager Of the Rosenbach shoe store in
the Union block in North Fourth
street, was arrested late yesterday
afternoon by Constable Chas. Moore,
m On oARdoui< c,,hsor;had 70 hx ~
Germain in Justice F. s. Scott's
court, and which charged the en-
bezzlement of 1877 pairs Of shoes val
ued at $417.50 and s35 in cash.
Mr.. Seymour was taken before JUS
tice Scott and after consultation with
the Rosenbach legal representative,
Hon. Harlow Burns, U. 8. district at
torney and an old classmate Of JUS
tice Scott at the Ohio Northern uni
versity, agreed to sign statement
admitting to the shortage claimed by
the shoe company.
Justice Scott named $500 AZ the
amount of the bail and Mr.. Seymour,
being unable to give It at that time,
was remanded to jail. Mr.. Seymour
made the statement that he had used
the money fully intending to make It
good at later date.
Mr.. Germain, Of the Rosenbarch
company, is in charge Of the local
store and will remain for the pres
ent. He stated that II Mr.. Seymour
could repay the amount OF the short
age there probably would be no pros
ecution.--Newark Advocate.
Account Filed
D. B. Kirk. executor of George Rog-
ers, has fled in the probate court Of
Knox county a second partial &C.
count, which shows the following:
Received $123,635.31, paid out $117,-
199.09, leaving a balance of $6,436.2z.
viii Admitted
The last will and testament of
James Temple has been admitted to
probate.
Deeds Filed
S. L. Blubaugh to Mary G. Blu
baugh, lot in Danville, $4,000.
Mabel s. Welch to H. M. Burkepile,
lot in Lawncrest, $500.
City of Mt. Vernon to Silas Parr.
lot in Mound View cemetery, 81.
John M. Lewis to |. G. Parsons, lot
in North Liberty, 81.
Charles d. Hayden, trustee, to w.
o. Clawson, lot in Centerburg, 1925.