Vol. VIII,NO.38– March 2, 1905.
COURT NOTES
A marriage license was issued Wednesday to Obidiah Bringham of Cleveland and Miss Annie McArthur of Vermilion.
Fred Behnke was sentenced to two years in the penitentiary Friday for non-support of an illegitimate child. He is [the] second man from Erie County to receive a sentence under the non-support law.
Myrtle B. Goodsite is the plaintiff in a $10,000 damage suit instituted in the court of common pleas Monday against Fred Link by Attorney John Ray. Plaintiff avers that on or about the 1st of May, 1904,Link chose her for his wife and that all arrangements were made for a marriage ceremony, the date for which was Sept, 20th of the same year. When the alleged wedding day arrived, plaintiff further avers, the ceremony was postponed until the following December. Meantime, plaintiff further avers, Link married one Lillian Welter. In consequence, plaintiff adds she lost the said marriage, was injured in feelings and health and was damaged to the extent of $10,000 for which she asks judgement.
In the case of Mahlon Scott vs. the N.Y.C. & St. L. Ry. was dismissed on account of lack of evidence. Scott claimed to have been struck by one of the company’s trains or something projecting from one of them.
Lott W. Nichols has instituted suit in the court of common pleas to break the will of the late Curtis Nichols. The defendants to the suit are Myrtie, Susie, Charles R., Maria C. and Arthur J. Nichols as executor. John ray is plaintiff’s attorney. Plaintiff avers that on or about the 1st of August, 1903, the said Curtis Nichols died, leaving Arthur J. Myrtie, Susie and Charles Nichols his only heirs at law. The defendant Maria C. Nichols is the widow of the said decedent. It is further averred that on or about the 14th of August, 1902, a certain paper writing, bearing date of Apr 9th, 1903, was presented to the probate court and that letters testamentary were issued to the said defendant, Arthur J. Nichols, in accordance with its provisions. All of the defendants, plaintiff says, were named as legatees, plaintiff included. Plaintiff, continuing, avers that the said paper was not the will of the said decedent, and that Curtis Nichols, on the day it was signed, was not of sound mind and memory and that, by reason of extreme age, protracted pain and sickness, he was incapacitated from making a will. Plaintiff further avers that, by undue influence, decedent was induced to execute the instrument purporting as alleged, to be a will and that he was harassed and annoyed until he condescended to favor the said defendant legatees. Plaintiff asks that an issue be made as to whether the document in litigation is the will of Curtis Nichols, decease, and asks that the same be set aside.
[VV Ed. Note: This appears to be a vey interesting case. I hope we get to find out what happens. Was the will coerced or not? Stay tuned.]
CHRISTINA SCIENCE CASE
A decision which will be of interest the world over was handed down by the supreme court of Ohio at Columbus Tuesday in a case elevated from the courts of Erie County It pertains to Christian Science and Christian Scientists and is in effect, that if the latter administer to the sick and injured, they must have a physician’s license.
The decision was rendered in the case of the state of Ohio vs. Oliver W. Marble, a local Christian Scientist who was arrested on complaint of Dr. Schoefle, at the time coroner of Erie County, after he had unsuccessfully treated a boy named Lockwood for typhoid fever. Prosecutor Williams received the complaint of Dr. Schoefle and information based thereon was filed by him in the probate court. A warrant was issued and Marble was arrested. His trial before a jury in the probate court, over which Judge Curran presided, consumed nine days and attracted wide spread attention. After all testimony had been introduced for and against Marble, the jury returned a verdict of guilty and Judge Curran imposed a fine of $20 and costs.
John Ray attorney for Marble carried the case to the court of common pleas, where the decision of Judge Curran was reversed. The case was then taken to the Supreme Court on the exceptions of Prosecutor Williams, who was desirous of testing the principle of law involved for his own benefit and information a s well as for the benefit and information of the legal fraternity of Sandusky as well as of the state. There was no compensation at stake for him and even now that the case has been decided against Marble he will not be compelled to pay the fine imposed together with the costs of the case in view of the fact the judgement of the probate court was decided in favor of Marble in the court of common pleas. Thus it may be seen that it was a principle of law and this alone was involved in the case when it reached the subreme [sic] court.
The decision is particularly pleasing t Judge Curran and Prosecutor Williams, who from the very fist have been firm in the belief that Christian Scientists who administer to the sick or injured for compensation should conform to the same law that governs physicians and under which they are required to secure licenses to practice from the secretary of the state board of medical examiners. The decision is further pleasing because numerous noted Christian Scientists who were in the city as attendants upon the Marble trial, were firm in the belief that Marble would win out in the higher courts and so stated on several occasions after the verdict of the jury in the probate court became known.
Mr. Marble was interviewed by the Register Tuesday night after the decision of the supreme court had been made known to him and said that the case would be carried to the United States supreme court if there was any possible way of getting it there. The adverse decision of the Ohio supreme court it is said, is the first on record against Christian Science and Christian Scientists.
Now that the highest court in the state has held that Christian Scientists attending the sick in the capacity of physicians shall have licenses, all violators of the law in Erie county will be vigorously prosecuted. Although he has not said that he will do it, Prosecutor Williams may cause several more arrests to be made. He has the necessary information and could, it is said, do so if he desired. – Sandusky Register.
The German Reformed Church will serve their annual supper at the Town Hall tomorrow (Friday) evening beginning at 5 o’clock. The G.A.R. Band will furnish music. Tickets, 25c.
BROWNHELM.
Mr. and Mrs. Newton Holstein entertained the former’s cousin Mrs. Griffeth [sic] Friday.
Chas Baumhardt has rented the Quigley farm in N. Amherst and will take possession April 1.
Mr. and Mrs. C. Jay of Vermilion spent sevral days with L. Marsh and family.
James Leidheiser has bought 50 acres of the Kishman farm and will take possession April 1.
Misses Krapp and Delker of Vermilion were the guests of the former’s sister Ms. J.H. Baumhardt.
The Brownhelm Grangers received another carload of bran this week.
John Goodrich is some better at this writing.
BIRMINGHAM.
Mrs. Miller has bought the Washburn place and she and her son will soon take possession.
Mrs. Warner is some better.
A number have had trouble about hearing, a new feature of the Grippe.
The funeral of Mr. Weiderman was held at the Swiss church east of town Feb. 22.
Mrs. Geo. Andress is quite sick, and Mr. Andress is lightly under the weather. There is scarcely a family but what some member has been sick this month.
Mr. Crandall is threatened with pneumonia.
ASHMONT
The friends of Miss Effie Slocum surprised her by gathering at her home Friday evening in honor of her natal day. Music and games wee the features of the evening. An elegant lunch was served by Mrs. Slocum and Miss Grace. As the small hours began to arrive the crowd left for their homes wishing their fair hostess many happy returns of the day. Those present were: The Misses Grace, Effie and Clair Slocum, Kathryn Kishman, Vehdah Lee, Verda and Ethel Smith, Lena Knott, Vora and Callie Barnes, and Bertha Smith; Messrs.’ Arthur Smith, Will Crum, Elgie and Walter Lee, Raymond Gibson, Louis and Loyd Nickols, Ellsworth Lee, Vernie Kishman and Clarence Denman, and Mr. and Mrs. Slocum.
James Corbin and son Charles attended to funeral of his mother at Wakeman Thursday.
Herbert Hill will assist Robert Humm, Sr., of Berlin Hts. with his farm work this season.
Frank Barnes, Jr. is entertaining the mumps.
[VV Ed. Note: Hey! I had the mumps when I was a kid, and I most certainly did not find the malady entertaining.]
Mrs. C. Roscoe of Milan is spending the week here.
C. Schwensen is building a fine 15 ft. boat at Foster’s boathouse.
A. Parsons and E. Porter who have had charge of a Ceylon-Sandusky car on the L.S.E. for sometime past have been transferred to the Norwalk division.
Miss Charlotte Goodell, who has made her home with her brother at Lorain for several months past, left for Berea, Ky. the first of the week.
Mrs. C.F. Decker is still very ill.
Walter Abell has purchased W. W. McCreary’s horse.
G.H. Blattner is attending the Ohio Hardware convention at Dayton this week.
Mr. and Mrs. E.T. Bottomley and little granddaughter returned to their home in Toledo Tuesday.
A gasoline engine has been placed in the blacksmith shop of M.S. Stevenson and will furnish power for drills, etc.
Edward Ackerman, the little son of Mr. and Mrs. Martin Ackerman is reported quite ill. It is thought to be the result of a fall several days ago.
Wir verkauffen noch immer unsre. Fosten zu shr villigen Preissen auch unsre shinglen und, lumber, turren, und fenster sind spott billig wir sprechen deutch. – Estate of Valentine Fries, Huron, O.
J.B. Fuller, a prominent citizen of Berlin Hts. died at his home there Saturday.
Mrs. Charles Clark of Elyria, died very suddenly Sunday night at the home of her daughter, Mrs. Wellfare at Birmingham. She retired feeling perfectly well but later arose and told her daughter she was dying. Dr. Boss was called but death came before his arrival. Mrs. Clark was sixty-seven years of age and was the wife of the late Chas Clark, the veteran candy man of Elyria. The funeral was held from the Episcopal Church at Elyria, March 1st, just four months after that of her husband. The deceased was an aunt of Mrs. Geo Harris of this place.
Mrs. Pawsons Dead.
Mrs. Geo. Pawsons was found dead in her bed Wednesday morning. She was 50 years old and leaves an invalid husband and two sisters, Mrs. John Hepp of Grover Hill and Mrs. W.H. Custer of Harrod, O.
Funeral services Friday at 1 o’clock.
The Bill is Passed.
The river and Harbor bill passed the Senate yesterday. The people of this congressional district may well congratulate themselves in the outcome. Sandusky, Huron and Vermilion will receive nearly a million dollars of the appropriation of $38,350,899.Of this Vermilion will receive $15,000 cash.
98 Per Cent. Pure.
Although the city water for the past day or so has been amber tinged it is 98 per cent pure so says Chemist Patton of the Lorain water works. It is supposed the coloring is caused by the moss banks in the river being carried out into the lake. The current probably flowing around the intake. Although the filters take out the impurities in the water it fails to take out the coloring.
The officials of the L.S.E. are taking measures to have their cars in a sanitary condition. The latest is prohibiting spitting on the floors of the cars. The cities that have no anti-spit ordinance are asked to co-operate with the company. The smoking apartments of the cars are provided with cuspidors and the filthy habit of spitting on the floors if possible will be done away with.
[VV Ed. Note: An anti-spitting law could have saved one Vermilion fellow a trip to the hospital a few years previous. In any case, it’s hard to imagine having to tell anyone that spitting on the floor is not only unsanitary – it’s crude and rude. I wonder if these guys spit on the floors of their homes.]
Saturday is inauguration day.
Sandusky is to have a new candy factory – The Catawba Candy Company.
Wm. Whitridge, a Lima prophet predicts the coming of the end of the world next month.
[VV Ed. Note: I guess he was wrong.]
What will be the largest sugar mill in the world will soon be erected in Cuba.
O.L. Babcock of Lorain discovered his wife and the man with whom she eloped at Detroit Monday.
Lorain County is considering the question of establishing a work house at Elyria.
Mrs. Hannah Upperman of Huron died at 7 o’clock Tuesday morning. She was born in Berlin Township 78 years ago.
Wm. Roderick, night-yard master, and A. Windross, fireman were badly scalded Monday night by the blowing out of an arch flue in engine No. 781.
The safe in the post office at Dalton, O. was blown to pieces by burglars early Monday morning and $200 in stamps and $150 in cash taken.
Marconi, of wireless telegraphy fame, is to be married the second week in March to the Hon. Beatrice O’Brien, fifth daughter of Lord Inchiquin.
Burglars entered the general store of E.E. Parker at Huron Saturday night and made way with about $100 worth of fur. They gained entrance by prying a rear door. There is no clue.
The Grand Opera House at Akron the second oldest and largest theatre in the city was completely destroyed by fire Sunday morning. The plant of the Commercial Printing Co. was also badly damaged.
Charles Thompson who is employed at Lorain, reports himself married. To whom we are unable to learn.
Will be Returned
Tuesday the President signed the joint resolution providing for the return of battle flags captured during the Civil War.
Messrs. McIninch and Huggings of Savannah, Mo., Secretary and stockholders respectively of the Howard Stove & Mfg. Co., spent two days in Vermilion during the past week. The gentlemen gave out the information that the company had been unfortunate in its sales during the past season owing to several reasons and as they had a large stock of stoves on hand did not think it advisable to manufacture more stoves until the others were disposed of.
The company is as willing and anxious to start the factory as the people are to have them. From now until fall stove men are booking orders for next season’s trade and it is hoped that the sales will warrant resumption.
[VV Ed. Note: This article is history relevant to the history of Vermilion. A good number of local citizens wanted the stove plant to locate in town – and had a vested interest in seeing the project succeed. As we will learn in the future it did not. But to this day the area on the west side of Vermilion (i.e. the area containing Adams and Jackson streets) is often referred to as the “Stove Plant Allotment”. We’ll see how this project played out in future editions of The News.]