Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1935-02-07
Court House News
COMMON PLEAS COURT
Thomas Pleads Not Guilty


Harley Thomas of GAINESVILLE,
who was indicted by the last grand
jury, charged with robbery (Love
& Bragg filling station), when ar
raigned last Thursday, pleaded not
guilty. Hearing of case is set for
today, Thursday, beginning at 8
o'clock a. m, to jury. The court
appointed Atty Robert L. Drury to
defend him.
| Raymond Keirns Found Guilty
The case of the State of Ohio VS..
Raymond Keirns, indicted on a
burglary and larceny charge
! (stealing cultivatcr and other
machinery from J. r. Best), was
heard Tuesday and part of Wednes-
day to jury in common pleas
court, with Judge Lyme on the
bench. Keirns was found guilty as
charged Arthur Perry who was
indicted on like charge, and
pleaded not guilty, is being tried.
the case having begun soon after
the verdict was returned against
Keirns. Different juries are hear
, ing the two cases.
Suit for Partition
Frank Montgomery files suit
against Taylor Montgomery and
others, and Lionel G. Roberts, treas
urer of Morgan county, in which
partition is asked of farm of
90.16 acres, situated in Wind
sor township. Plaintiff claims he
has a legal right to the undivided
2-3 part. Petition states that Inez
Montgomery died March /, 1881,
seized in fee simple of an undivided
one-half interest of said premises,
leaving the plaintiff as her widow
er and defendants Taylor Montgom-
cry, Ceree Lyons, frankie Adams,
Millard, Charles, William, Inez and
Scottie Montgomery her sole and
only heirs at law, and to whom
premises descends by law; that all
debts and claims against estate have
been paid. Plaintiff also claims
dover in estate, and the other heirs
an undivided 1-24 part. Lionel
Roberts as county treasurer has a
lien in the way of taxes against
said premises.
Sues on Note
H. B. Sharp, T. j. Bailey and
James j. Christie, as liquidating
committee for the Citizens Savings
bank, McConnelsville, file suit
against J. S. Newton and Edith G.
Newton, in which judgment is ask
ed on a promissory note, in the
sum of $99342, with interest. Said
note is secured by mortgage deed on
1898 acres. Marion township. Fore
closure of mortgage is asked
In the case of Lena Roberts, a
minor, by her next friend, Fred
Roberts, vs.. ], C,aHiekerson, ad-
ministrator of estate of Radford
Hickerson, defendant files motion
asking the court to strike 10 certain
allegations from their petition; al
SO to make more definite and Ger
tain three paragraphs of petition.
Fred Mills Files Answer
Fred Mills. defendant in the mon
ey case OF which Chas. F. Fox is
plaintiff, files answer in which he
states the plaintiff Charles Fox vol
UNFAIRLY came to his place of abode
during the month of April, 1892,
and asked permission to make his
home with him, stating he was sick
and was not able to care for him.
self; that within a few weeks, the
plaintiff on many occasions told de-
fendant that he was getting old and
had plenty of money, and further
stated that defendant had been SO
kind to him, etc, and he was going
to give defendant Fred Mills $4,-
600, and in pursuance to the plain
tiff's wish, he gave defendant the
key to his safety deposit box, with
instructions to get said box and re-
turn it to him, and defendant de-
livered him the box and plaintiff
took four ST 600 coupon bonds from
box and voluntarily delivered to de-
fendant, with instructions that
these bonds were his absolutely, and
he ordered that he should keep
them and use them as he needed |
them, and it was his intent to trans
fer to him those bonds, due to his |
kindness and due to the fact that
the plaintiff did not expect to live
long. Defendant says he accepted
bonds that had been voluntarily
given him and placed them in his
own possession. Defendant further
says that plaintiff divested himself
of all control and dominion over
said bonds. Defendant also states |
that when plaintiff had voluntarily |
delivered him the bonds, he return
ed the box TO the bank in that same |
condition as the plaintiff had pre-
sented it to him, and later returned |
the key to plaintiff. Defendant says
plaintiff continued to make his |
home with him until June 1, 1882,
when he voluntarily left and went |
to live at Ed Devore's. Defendant |
asks that plaintiffs petition be dis
missed
In the case of Chas. F. Fox VS. |
Carrie Newton ct al, motion is filed |