The Republican. [volume] (Oakland, Md.) 1877-current, 1937-05-27
Jury AWARDS One CENT
DAMAGES AGAINST SPEAR
Sheriff Must Pay Costs of $3.50
In Suit for $4,000, Brought
By Deer Park Woman
CASE TRIED IN ALLEGANY

A Circuit Court jury in Allegany
county, to which county the trial of the
case was removed from Garrett coun-
ty. after three and one-half hours de-
liberation last Friday awarded dam
ages of one cent to Mrs. Elsie M. Wal
ter, of Deer Park, in her $4,000 suit
instituted against Clarence Spear,
sheriff of Garrett county. The jury ex-
onerated Bruce Lohr, the other defen-
dant. Costs to be borne by Spear ap-
proximate $3.50.
The defense presented its case with
Sheriff Spear and Lohr both testify
ing, denying any force was used in
eiecting Mrs. Walter from a gasoline
station at Deer Park on October 10,
1888, at which time Sheriff Spear was
a deputy sheriff under Sheriff Walter
Haenftling.
Denies Use of Force
Sheriff Spear said that he may have
taken the plaintiff, who is in her late
fifties, by the arm to escort her from
the gas station, but denied that his
action could be termed as committing
an assault. He explained that he had
consulted an attorney before taking
action in the matter and believed he
was doing the right thing, asserting
that there was no i'll will in his act.
Defense counsel used the testimony
of DR.. Thomas W. Koon, mayor of
Cumberland, to offset physicians testi-
mony given by the plaintiff last Thurs
day regarding Mrs. Walters health.
DR.. Koon said that a paralysis of the
left side of the face could have been
brought about by high blood pressure,
with which the plaintiff is afflicted, ac-
centuated by the death of her husband
in the fall of 1888.
A physicians testimony offered by
the plaintiff stated that the paralysis
might have been caused by external in
jury. The plaintiff alleged she received
severe bruises on the upper arm as
the result of Spear pushing her from
the gas station.
The place from which Mrs. Walter
was removed was a room containing
stock which had been appraised and
held for sale after the death of James
Walter, the plaintiffs husband, under
order of the Orphans Court of this
county. This stock of goods was claim
ed by both Mrs. Walter and by Mrs.
Bertha Lohr, daughter Of James Wal
ter by former marriage.
Removed as Defendants from Suit
A prayer of the defense counsel to
remove former Sheriff Walter H.
Haenftling and Mrs. Bertha Lohr, as
defendants in the case, was granted
prior to the trial of the case, Sheriff
Spear and Bruce Lohr then being the
only defendants in the action.
The defense counsel had on the stand
Charles A. Ashby, Elmer limbaugh,
Alonzo Warwick and Cheston Brown
ing to refute the testimony of Mrs.
Walter that she had suffered ill health
since her dispute with Sheriff Spear.
All these witnesses said that in the
past few years after Mrs. Walter took
over the premises that she waited on
the trade daily, in the restaurant and
also sold gas and oil. They said they
passed by the place frequently and
also saw her working in her garden.
Spear was defended by E. R. Jones,
and William R. Offutt, of Oakland, and
Albert A. Doub, Jr., Of Cumberland.
Mrs. Walters counsel was Charles G..
Watson, of Ffostburg.