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mCOCIT Of\ r rdnaJim, OaUher SB, 1840^ aiarj I 8t*n or On* va. luu••d pi; fli that lbs autateefIChargedtbe highway, andwith leaving obstruction* in Lho rood.ITheof thinvnra, that•boot lbs jonr 1007. • rand *u oouetroclodloading from this city I* lb* town at Brookwhich rood it now part or wholly32tiperceded hr the Cincmnod Hnrriooodidnet apply hi th*Cm thoold md;thataffected, nod they tnTurnpike, hot of which wind thor* appearstoroeord to existence.lho. W-U—nmcd inV r m, I.improvingtoad, which moneyexpended under the direction«•»»1 \m taaioner. Inthe route of thin road3, « r , ,changed, and a plait filed «jm1 recordedsurveyed% *healing the road, theIjred waa not followed, hot wherebetter or more convenient foundation eon Idwaa there cooetmeted. Thisroadthoroaghfare untilthe rear 1832, or about that time, when ther * % ■ . • . , wCincinnati and Harrison Turnpike Companypplkmtkm, and hare thorn raaated—that ilt; it ehould bo (bund that theferredhod not boon altered materiallyfrom the survey, and had boan stapled a##. then itthatwaa left to the juryhad boon made accordinga •returned a verdict ef not gaittyPro* ecu ting Attorney Cm the State,Mom re. Morrii and Roll for defendant»rTaoMitt. Oct. 99Porter E. WKRekamm pleaded guilty• %conetructcd their turnpikej th one orme tracktwo exceptions where theyvialod from the old roadintermedim I* _ ■ *time, the road had been worked by the**■5*** •• ■ a » _ • .Supervisors, and waa the regular thorough* *■ “ ' . , .. * persons pawing between Brook villaand Cincinnati.•mult and battery, and was tenfin# ef |5 and costs ofeeutionAnnasw CmLarceny in stealing pocket-book,and a promissory note34• probably the onlyturnpike, from the i 12 o’clockGeorge Apgar.—On Lower Mattel,pocketline of the old road, is near the town ofMiami, upon the premise# of the defendant,*• * | * • 4 | 0. , , —road passes the Miami riror. The1ncorporation of the turnpike com paconstruct•* «from Cincinnati to tbo bridge orrr the Miami, at the town of Miami, and from the6Harrison(Rk ^ ' a ,company paidimprovementsmake the line shorterlt;» , • , . » , • . 4 • 7 , * • ' W,the deviation above alluded to uponnmiagreeingthat“a , • • e •compensation of damsg% aroad, as partFor the lastY•ftightrea or twenty months, the old road hasclosed by tbe defendantmoney and a promissorythe pocket-book next day at the Mayofficeatehrean) was onpassing alongprisoner getting oat of a mark at.4 ».wagon.others stood near by. and ttethree was taken ; but in going to the watch-bouse, the two broke loose, and escaped.Peter Early (watchmanwith Wj i « ,. - , . •-prisoner waa taken* %1.Holland keeps the keys of too seathouse. The morning after the prisoner woecaptured, witness found in th* call the prironer bod oreupi*d|during the night, afeoefcetfence acroesitat four different placcs,forwhiehthe present prosecution woe commencedthe offence laid in February last. Threepersons livo contiguous to the routs»Ithe old road, and are incommodedbeing claoedcertain seasons of the yearbook which Apgar had described beforeness hod ohown it to him. frirrf Fnmmmad.Pocket-book was stuck in bock-port of thecrackCannot pass any ikinganother. Witrtheriver is fordable, persons would trarcl the old rood to avoid paying toll, andwater their horses; and one witnoos,•'VMiami, tee tilled** i, »times, told personawero going the road, that it had beenhad the keyin his pocket all the time prisoner sms the cell, v Whenintook him out in thecell opeo,—than shortly a/toncame back and found the pocket book.Verdict, guilty, and value of property as§15,84.i'1Tbe Court sentenced tbo prisonerup. There is no toll-gate on the turnpiketbetween the points where the old road leavesthew, ,.WI'd'I t..VrProsecuting Attorney, for the State• ^ i % , f , . - . . ■ ^ •feted tbe plat of the road, and the recordevidence that the road had boon established according to law, which were objectedsunt ths eon taeasen t in the eeuatydail, at hardlabor, under the direction of too countymi mi oners, and to pey costs of persecutionProsecuting attorney for the atMt Mr linn for defendant.rOnto wt Ban*. F. Pownna xnoJoan Eckkst—Riot, and assault andthe oouneel for the dofondant, on then ground that they did not show the differentnecessary measures in the establishmentfirst rood, or its vacancy when changedtand under the doeiotoo of the coarttha 8pringfieldwas held, thatlast act of vacating the old road, therewaaThe ooart permitted then j plait and record to go to tbo jary.hm V K V*v . »On the part of the proeocution, it waathat tbe road obstructed by the defen* daat waa a lawful one, and within the meanrthe statute under which be wasAdieted—that theuthe Legislaturepreprinting money to be expendedprovenient wasthat they conoidered it a regularly eatablishod road; andtecy upon tha 1st of October,A. - • v •*■1George Ronds bad been called opoaassist the watch on the night of the run raniioa. Followedindtridaals up Malastreet, end ftt corner ef Mnla andabout 10 or 11 o’cloek at night, board Pawon my he bad bean shot at twies, sad tedknocked down three. Powers ted a hickory club in bis hand, and a dasaoe bisWitness took Powers, and In going to the•ted he had lest has bat—While on too way, Eckert earn* up, and told Powers ho bad his bat.Eckart was thenalong. Witnen understood toot Powers was ooe of the party whe had teen onThird street, in the fracas, and was recounting his exploits. Witores knew Eckert fromwhere a road had been in twentydyears use, been laiditevidenoc that a roadithe defendant, counsel offered a transitheript of proceedings, before a J urtiee of thecounty, wherein lho defendanta boy. Had always been steady; nod tea questionX_ttemspdfcsaid ho was the a lesrniog the butcher’s trade,sad had bean induced te take a part in thefracas. .The jury returned a verdictwithout leaving the boxhad bocn sued in a civil action f6r the same ob-Jstruct ions complained of in the indictment,which was rulod out by tho court. Couneelclaimed that by tho staute of liteitstioae.prooecutkms of the nature of the presentmoat be oommnneed within six months» ' V ' — . ■ . i i * 1 ‘ •ter the offenoe, which had not bom dons• # ttho proosnt cam—that tho contracttheturn pike oompeny with the defendant vaca-*»ted the old road—that by law, any persondefrauding the oompeny by avoiding tbepnymrat of toil, was liable to bo ponlaiied;Iand that tbe old road, as it had bom oatahliahod area not located as surveyed, and cmtoequentlp wan not a fearful read.rThe court ehargad tha jnry that the pramcutoramho out that there eras a mad.As»T*««a Dmjmmw.-Ou Friday morning w. noticed a dmfeim of n ram ;n r.forse!to toe Bonk Mdlingt*. notes, glam byMr. J ustice Walsh, in whtoh Justfo# given ngninst tho riofsndnnt. Chi th* s day. os aro loom from tho American, a ehni-Ur case came before Mr. Joetico Joow ▲fedy raejived a Millington kankZo inchange from a dry good* morefcant. The not* remained In the pmssseim ef tbe Indytwo or ttem dnpa. during which time toe^pn-per of the bank had feet all value. Upon discovgeing this, the tody canted the note baek to the merchant and mke.1 him to exchange it, which be refused to do. and the tsitwM H, ought. The above foots her* mg been established, the tostimouy of njgjjy- eurrsnt13th Tik onth#ateut th? P ^ U ***• Wtl1 R*’mode by few of the State, laid oat, Improved f2 ^ %ndpublic road by praaerlptlm, it lying ingsant—»nd rafon te private rights—that tha la-m mwffmgri si mgu m-miimf i* lugd.d nottofio**An Irpr.ee ofMTbfe is tha faU of my
Newspaper Details
Spirit of the Times
Cincinnati, Ohio, US
Fri, Oct 30, 1840
Page 2
Full Page
Clipped by
Cincinnati A.
OH, USA 07 Aug 2021
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