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The enterprise. [volume] (Wellington, Ohio) 188?-1899, April 02, 1890, Image 4

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn84028272/1890-04-02/ed-1/seq-4/

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J. B. Bmltli, Proprietor.
welinqton, OHIO.
Catered ai the? Ppst-efflie at Wefclngron as
Second Class matter, acoordlnx tb Statute.
OneTear $1 M
Sialoliths..., .., .78
Three Month....; .....: .. ')
Advertising live cents per line, each Insertion.
Spate and Column Rates made knows on appll
J took noTcniNS, of Cleveland, has de
cided that It Is necessary to keep barber
shops open on 8unday. All that Is nccfs.
ry to say Is, that another weah-mlncVd
idge bas been beard from and 'hut pub
dc opinion will soon reverse his decision-
Tub court of claims has decided that
Silcott, the abscoundlng cashier of the
Mrgeant-at-arms of the house, was a dis
bursing officer and not the agent of the
department. The members ol congress
who got left will go down Into the' public
arib aud haul out seventy-five thousand
dollars. It is said that favora go by kisses.
1 IsWalaWSBSBsJsWaWsMsMssMssBBWsMeslaB .,
A HRsOLUTTON has been passed by the
tower 'house "of congress 'o "extend' the
time for, holding .the. world's fair umll.
1893. It does not appear to be light to
ask the city of Chicago to guarantee the
sum of five million dollars in order to se
cuie the exhibition. The country at large
will be benefitted, and It is but justice that
tbe general government come to the res-'
gue by advancing half tbe amount re
quired, at least J. , , ,
A bill baa passed the House for the ad
missinu ot Wyoming as tbe fortv-thtrd
' State of the Uuion. II the bill passes ibe
8enate and la approved of by President
Harrison it will become a law. It la not
our purpose to do injustice to the people
of that Territory, but to do justice to them ;
and we are Inclined to think that In their
admission it will eventually prove to be
injustice instead of justice. The Territory
baa an area ot 97,800 square miles, and all
tbey claim la an estimated population of
110,000, which, being reduced to enumera
tion of actual settlers would foot up to
about 00,000. Our representatives should
move slow in admitting new Btatea. Ne
vada was admitted In a rush, and a major
ity of the reaidents there to-day would
gladly be placed under tbe territorial laws
If they could be. We claim we have too
many barren districts alteady admitted to
the Union ae States, and it la high time
that tbe people should Instruct tbeir rep
resentatives to that effect, v i
The States of Kentucky, Mississippi,
Louisiana, Missouri and Maryland have
had the, misfortune to have dishonest
tieasuyrs. Large accumulations of money
" " 'and bonda in tbe vaults lying idle are very
tempting to mankind, and there abould be
some plan devised to relieve that official
ot the temptation. We are inclined to
think that all of the surplus fundi accrued
in the treasury to meet certain demands,
should be divided up among the county
treasurers for safe keeping until tbe time
for disbursement, and that each county
treasurer be compelled lo file separate
bond for tbe aafe keeping of Jhls shaie of
the public lunds,a division to be made
according: to the population of each county ;
then the treasurer would be relieved of
this temptation, and in case he proved to
be a defaulter he would net have so much
boodle to squander. Then again, It would
greatly relieve tbe bondsmen of the Btste
treasurer of a great deal of anxiety for
the responsibility of tbe safe keepinr of
the funds, as it would be more equally
The Postoffice Department has been for
a number of years supplying the public
with stamped envelopes, and a business
card on the end will be printed upon thrra
if desired. Now, it Is not to be under
stood that the government of tho United
States attempta to interfere - In- any way
with private enterprises, except when the
proprietors attempt to evade the law; but
in this particular case the government has
established wholesale department for
profit In the way of selling envelopes, and
thus depriving tbe printing press of what
Justly belongs to it New If the Posw
office Department is permitted to Indulge
in the business of supplying the public,
why not have the Treasury Department
produce all klnda of merchandise, and ihe
Secretory of Agriculture furalsb farming
Implements T These art referred to merely
to show that tbe principle is net I' kee
ing with the American idea of doing bas
. ioees. Our readers, probably may mis
trust that this is written from a pecuniary
standpoint, but this is not the case,' What
belongs to ns we wsnt. Just the same
as other branches of trade, aod expect It,
and we do not propose to have It taken
from us In that way, The government of
the United Btates rss uu right to Interfere
with private enterprise in the manufacture
aod aale of merchandise, i
"JErsjry Spring," .....
Bays one of the best housewives In New
England, "We feel the necessity of taking
a good medicine to purify tbe blood, sail
we an take Uooa s Bsrsaoartlla. M keeps
she children free Irom bumora. my hus
band ssys It elves him good appetite,
ana lor myeeii i am aure I couia never a
all my work it It was not lor this splendid
medicine. It makes me feel strung and
theerf at, and 1 am never troubled -with
headache ft that. tired feeling, aa I need
to be. 't , - ; - Si!...!
Hereout! Derineement pud Corla-
Ayotd ihe doctors bill btfor it Is to late
by keeping convenient Kalvatlon pil
which is tbe nreateat pain .destroyer ex
isat. JTka to cents. , . ii"
, , ,vJ ,).,.;...; -. '
News from the County Seat.
The court of Common Pleaa adjourned
for the term. J v
Verv little new business has been filed
la jcpmtnnhj fleaa' o 3tM judical Ing'tb
sctnU tokteat sW ..th 'Wire term wifl
not be crowded with new. business, ana
if as many cases' gb over as did' laut ' term
it will be exhort session.
In Probate. , ('irfl )$'
i Thomas King, guardian, 'flies petition
fororJar U).all land, . VJ'l '
Last Will of Paul Li mbach, deceased,
late of Brownhelm, admitted to probate.
Widow elects to take under the will.
Clayton C Chapman appointed admin,
lstrator ot estate of John Nohlfley, de
ceased, late o( Carlisle. 'M (J ! I '
Last will ot John W Ourcell, deceased,
late of Elyria. admitted to probate' and
widow elects to take under the will.
L II Wilcox appointed administrator
of estate of Z J Wilcox, deceased, late
of Russia. j . .
Ida M Bulcroft adjudged Insane and
ordeted conveyed to asylum foi Insane
at Toledo, O.. ,,,
New business In Common Plead.
C W Johnston vs Angelina Brown,
money only. vv - y ' . :. V ' ' V
W. Rlnlmrer vs R. J. Robinson et al,
money, foreclosure of mot tgage and. -equi .
table relief. . , . ... . w.
Marv L Kimball et al vs W.'fl- C Lvan
otaland,W 'C Alleq -administrator, de
bonis non, with the will annexed ol tbe
estate of L F? Ward, deceased, to quiet
O C' Biyant ya A Tnbteran, money
only. Appealed from J. P.
Thefumous Warren vs Warren eject
ment case occupied the attention of the
court, Jury and several attorneys, from
Tuesday morning of last week until
yesterday, when the Jury reported that
there was no probability that it could
agree, aod were discharged by the court.
The case will go over to next lerni for
trial unless settled bv the parties. The
matters of fact, of course, were submitted
to the jury as to who was entitled to
possession of the premises, but aside from
tbe lacta . there are several disputed
points of law, which lorm no small fac
tor in tbe settlement of the whole ques
tion. It Is doubtful if a final decision
and disposition It reached before It
reaches the supreme court
About the year 1852, Malachl Warrant
slave bolder from Alabama, settled lo
Oberlin, bringing with him a family of
slaves owned by him, consisting of
mother named Ellen, and several child
ren. Bis history, together with that of
tbe slave mother, forms. an Interesting
feature of tbe present controversy over
the rightful ownership of the two hun
dred and thirty-seven acres of - land situ
ated In Russia township, near Oberlin,
now In tbe possession of 8. B. D'idle),
who has had possession of most of the
premises by virtue of a lease for more
than twenty-one years, snd now claims
title by purchase irom Malachl Warren's
lawful heira.
The interest in Ibe history of this fam
ily who bore tbe relation of master and
slave so long as they lived lu the Bomb,
opens with the first meeting between
Malachl and Ellen, in 1884. At that time
Warren was a single men forty-two years
old, being born In Georgia In 1793. He
was not Ibe owner of a plantation, but
evidently a dealer la alaves, and bad a
father and brother residing in Lowndes
county, Alabama, who were planters.
Early In 1834 he went to Richmond, Vs.,
tor tbe purpose of purchasing slaves.
At the hotel where he stopped, be first
met Ellen, who was then .sixteen years
old, and tbe servant of a young mistress
named Jackson, who wu also a guest
at- the hotel. Ellen wu a handsome
quadroon, and Warren Immediately , ne.
gotiated fi her purchase. The aula trees
firmly refused to part with hot slave on
any other condition than that abe waa to
be made a house, servant , by her purr
chaser, aaylng before she would allow her
lo be sold In tbe market she' Would take
her to Canada, where she would ,be free
The negotiations were .conducted in the
presence ot Ellen, but she does not nams
the price paid lor her. : " ' ; '
After tbe purchase Ellen was teat by
Warren across the street, to the Esgle
tavern, to remain until he was ready to
go Houtb, when they started lor. Alabama
In a covered ' if agon) 'with other slaves
habadtMfrChaaelL nntt arrived It hla
brother! la Lowndes cqutoty, sW; limsj
In April. ,They Jived one , year, oo be
plantation of lla brother Lsbaoi then ; two
years at his ..father's,! and alter thai she
kept house for Malachl. 8he'i now
seveaty-tbree years old, nd did; not ft
meurtxfr jnaqy ..dates, ol. evsnts flbjwbkh,
aha wa .questioned,, but Judged, thereof
nytneages or ner cnnaren, or wnom
four were Vifn "Jif ''AlabstuV a da 7 duns
North Willi tWn JiaryVta)Vlet,;yaS
born .May, 1.0th,, 1887 James, '.MsyJBd
1838 Atooeer -June let, --l&W ad As-
druwV (n ,'. teV&n)Osi;18l4.D0;'Wivio.
cbUdMndied inlalancy. ,..,..v;
. Tfie fhostlmdTtSnrptrr of hr"jstl.
moiny rcJatsd t4 a,fom,of arnagvbfth'
she states tookplace,;W Alabama Hbe
aays 4bat , after Mary was 6ern she ild
Warren that she' did noilike to live lo
that way, and be put bef off for a time
with a promise to 'marry her." Io July
following Mary's birth two tne'a 'named
Elieba Robinson -at-.d , ' Fraht 'jTMlard
came with Malachl to thp bouse), aud
while she stood up by bis side Robinson
ssked each l thev agreed to live together
aa n usoanu aouxw i e, to w u ten uioras,
sented. ,'Btf .'testitoony at tbe last Ovid
ber termi.at wblcbj tbase'W'itt f infnlly
trled;',anrbat tvetfbB this tiiul. i;Tered
as to who tJdes'the' Ifree" "men ,'were
presetrti She aleo lnn"""5!OT?X.wP
ofthe blrlb&f "her 'children which had
been torn from the family Bible, which
she Identified is llie only one they ever
had, laying (he taw Warren write the
jrecorda therein about three monthi alter
the birlb of each child. . It appeared lj
cross-examination that the Bible waa not
printed until I860, as Its title page showed
being thirteen yeara after Mary's birth,
and foorjears after the birth ot Andicw.
It appeared from (be testimony that
Warren sold bis plantation and removed
to Madison, Ind., about the year 1847 nr
1848, and lived there about three years,
and then removed to Oberlin In 1851 or
1853, where tbey lived for a year or more
and then removed to Columbiana, county,
Ohio, but returned to Oberlin the next
year, where the family lived until Mai
achi left tor the South when the war
opened in 18(11, and never returned. A
number of witnesses were called on both
sides, to show the relations thut existed
between Warren and Ellen, while tbey
lived in Oberlin. They lived most of
the time in the same bouse, but occupied
different rooms; they sat at the same
tale when the family were alone, but
Warren ate in a aeperate room when
strangers or visitors were present; neither
In conversation nor In bis letters to her
or the cbldren, did be call her hla wife,
but simply El'en, while be fully recogniz
ed the children as his sons and daugh
ters, all the evidence bore testimony to
bis affection and kindly regnrd for the
welfare and moral training of all excepting
one, James his eldest sua, whom he
heartily disliked when bis troubles with
the Oberlin people began in 1860 and
1801. He speit about half of his time
each year in Alabama, always including
the winter months, and left abundant
means in the bands of bis agents to pro
vide Inr his family In all respects during
his absence. His letters to Ellen and the
children while absent, all show hla in
terest io tbeir welfare. The testimony
shows that by bis relations to Ellen la the
South, be lost his social standing with
his brothers and neighbors, and that he
came North to educate his children and
prevent them from becoming the alaves
ol his brothers and sisters In the event of
his death.
It furtbur appears that while the citi
zens ot Oberlin were not satisfied with
bis relations to Ellen, no attempt was
made to disturb them until 1880, wen
the two were indicted for living In
a state of fornication. Tbey were tried
In the court of Common Pleas and con
victed. Warren alone suffered the pen
alty of fine and brief Imprisonment, re
fusing to admit that Ellen was Id any
legal sense bis wife.
In May, 1861, he executed his will,
conveying to "Ellen, commonly called
Ellen Warren, and her children, Alonzo,
Andrew and Virginia," the use of all bis
real estate In this county, until Alonzo
became of age. At that time Alonzo ' was
to have two hundred and thirty-seven
acres of lsnd during bis life. II Alonzo
left any legitimate child or children at
bla death, then the two hundred and
thirty-seven acres of land waa to vest In
bis children In fee simple. If be left no
legitimate child, "then at bis death the
said real estate shall vest In and descend
to my lawful heirs." He provided thitt
after Alonzo attained his majority, said
Ellen, Andrew, and Virginia abould have
the use of the remainder of bis real es
tate consisting of one hundred and three
acres, until Virginia shall marry or be
come twenty-one years of age, when her
Interest In sa'd land ahall terminate, and
Ellen and Andrew shall have the Joint use
of said property during the life of Ellen.
At Ellen's decease Andrew sbsll have the
entire use during bis life, and It shall vest
In tee simple in his children. If be
lesvesno legitimate children the estate
ahall vest In iee simple in Ibe lawful heirs
of the testator. He gave his executors,
Joseph N. and James M. Ball, all bis pet.
sonal property In Ohio, in Oust far the
support of Ellen, Andrew and Virginia,
under named conditions.
This will wss executed before his real
troubles commenced, but evidently with
the Intention of returning to Alabama,
among his pro-slavery associates, leaving
his family provided for infreedom. There
was some evidence to show that the rep
utation be had of living la an illicit man
ner with Ellen, was confined to the per
iod immediately proceeding the turbu
lent limes of 1860-41, but many prom
inent citizens testified Ibat such waa bis
reputation for a much ' longer period. It
will be sufficient to say that such were his
opinions concerning the war that he be.
eame very obnoxious to the loyal citizens
of Oberlin and to escape any serious con
sequences, h left In 1861, for Lowndes
county, Alabama; and there ta no evidence
thatnenoinmunlcated with his family by
letter alterwards.
: After he arrived la Alabama be execut
ed another will, in 1863, in which be dis
posed Of all bla property In that Bute,
which consisted of seventeen slaves and a
large amount of money represented In ob
ligation, mostly held by his attorney In
St Louis, .Missouri, and In a formal man
ner revoked all other wills and teataments
below made by him. This will gave no title
to property in Ohio.tond as never sent here
for probate. ' It was offered In evidence
and ruled out . He died In 1863. The
reader can now discover the main point
In dispute over the title to the two hun.
dred end .thirty-wren acres In Rusila, now
In possession of Mr. Dudley. The title,
bylbe Ohio will; waa to vest In Malachl
Warren' lawful heirs In case Alonzo died
leaving no legitimate children. lie mar
ried, and. waa killed io a railroad wreck,
near Wheeling in J887, leaylng no child
rea.VFbe question now is who .are the
lawful heirs' of r.i'ftchl Warren? The
" v 1 i :i i i : . '-! ' ' r I i ; r
plaintiff claims that hla children by Ellen
are bis lawful heira, and o sustain that
claim Elln appeared and testified to tho
Alabama marriage, as before stated.
Other evidence waa offered to sustain tbis
allegation by showing the relations for
bis family, the generous support he gave
thorn, etc
The defendant, Dudley, denied the Ala
bama marrlxge, and Introduced testimony
by depositions from Lowndes county, and
witnesses trom Oberlin, tending to show
that no such marriage or agreement took
pluce, and claimed that the brothers and
sisters ol Malachl Warren and their child
ren were his lawful heirs. At the time of
Alonoz's death, and his Interest in the
land had ceaaed to exist, Mr, Dudley bad
paid him the rent, which amounted to
$430 per anuum, lor mere than two years
in advance, the lease expiring April 1st,
1800. To protect his interest lu the p.em
Ises he sought the heirs of Malachl In ibe
South and purchased the Interests of
eleven of them in the lands. Rev. Wra.
W. Foote testified that In 1887, he with
Mr. Dudley called on Ella Warren, and
during the interview abe told Mr. Dudley
she was never married' to Warren, and
that they never agreed to live together aa
man and wife. Mr. Dudley testified to
substantially the same thing, and aald at
that time he had not purchased the in
terest of ar.y of the heirs. This whs four
or five days a'ter Alonzo' death. The
jury stood ten lor plaintiff and two for
List of grand and petit jurors for the
April term:
grand jrjnoits
J. Christy, Sr., Penfleld; Alfred C. Phlpps.
Elyrla, 4th ward; 8. K. Warner, Wellington;
l. M. Worcester. Russia; C. W. Hastings, La
Granee; Hubbard Uinllh, Sheffield: G, II. Cra
gln.drftlton: B O. French, Bmwnnelm; Wil
liam Peck. Brownhnlm: find. Douirlaaa. Wel
lington; ihomns (lawn, Black Hlver; O. V.
Curler, Russia: II. I Mills, Hldcevl lie: H. C.
Sheffield, Camden; David t. Van Pusen,
Rny ITarrls, Bmwnnelm; Wallace Smart,
Ivrla. 2d ward: James llulbert. Klvrla. 4th
ward: Charles Chllnnn. Black Hlver; Edward
lllldebrand. Black Klver; N. N.Cole, Colum
bia; Lewis Howell. Camdeu; James Allen,
Kiyna, mt wara; innries urmn, Amnersts
Ellas Baumhart. Black Kiver; H II. Fltoh.
Columbia; A. H. Wltbeck, Pentleldi George
uay. bneraeia; u M. uuiioks, Elna. ad ward;
Andrew J, Lee, Camden; 8, II, Dewey, Wel
lington, Apiiearance of grand jury required
April 14, 1890, and of Ibe petit jury May
"We Point With Pride"
To the "Good name at home," won by
Hood's Barsapaiilla. In Lowell, Mass,
where It Is prepared, there is more of
Hood's Sarsaparilla sold than of all other
medicines, and it bas given the best of
satisfaction since Its Introduction ten
years ago. This could not be It the mHi
cine did not possess merit. It you suffer
irom Impure blood, try Hood s sarsapa
rilla and realize its pecullarcurative power.
Program of Stab Races
September 24, 25 and 26, '90.
No. 1. Two-year-olds. Foals ot 1NH8: Mile
heata, best J In 3. (Subscription, $10; $.1 ol
which must accompany each nomination on or
belor April l, lttM, S-l jwynhle July 1, balance.
4, payable September 21, IH added.
No. i.-Three-year-olls Foals of 1W7: Mile
heats, best three la tit. Hubscrtptloa. 10i
3 of which must accompany each nomination
on or before April 19, Ixnui S payable July 1;
balance, 4, payable Beptember 24. JS added.
Ne. J. Four-year-olds Foals of 1886: Bame
conditions, payments and added money as
Stake No, i
-Prof ram of other races published later.
Entries lo be made with 0. ROOT, See'y.
U Klyrla. Ohio.
New Stock!
From lOq. up per Dou
bio Roll
. 4UI.1 it.
MTU )i.
Good Goods, on the first
Floor--don't have to
climb' stairs to :
see them. .
Work neatly and thoroughly done.
Carpets do not need fe be taken up, I
furnish canvass to cover the floor.
The Latest Styles
Mrs. F. D. Felt's,
Ladies are Invited to
1 Call snd Examine.'
.": r i
Have just received a very large stock, consisting of
oil tTOviflllAa f V Q f AHA ir 4-in MfiMl-ni ' ' TTa..a m lnnjwn 4- tr- f
Hartfords, Lowellsy Ingrains, Cotton Chains, Tapestry
Body Brussells. All of the above we will sell at less than
Cleveland prices. Buying from the manufacturers, we get
all the discounts.
Extra Super Lowells, Ingrain, 65 cents per yard.
" " Hartfords, " 65 "
" Higgins C. C. " 55
" " Brumleys, " 50 "
" " Philadelphia 40 "
it - U U 3Q l
it 25 "
" Three-ply " . 95
a a iQo u u
Body Brussells 100 "
" 1.25 "
Extra Quality Tapestry 65 " "
n a 80 " "
Bns.Bnge Bugs
Our stock is now complete;
very liottom Trices.
"Will guarantee both Carpets
! J -A I
prices, anu ac a less price man uie same quaiuy
can be bought for in Cleveland.
Laundon, Windecker & Go
3ut always outdoing our neigh
bors in liberality to custo
mers. We have or
ganized a most
Terrific Slaughter Sale
In all branches of our clothing
department, and until further
notice will see, or rather
...... . j . ... . ... ..... .. .. ... . .
In quantity we have more than
all . of the other storjes in Welling
ton put together, and in variety
we also excel, while in price there
can be no comparison, for
And don't make boy's work of it, either.
We know that others sell cheap, but we
will sell still cheaper. Come and see us
while you have a chance to look at goods
cheap. It will cost you nothing to look
through anyhow. Remember we are on
Public Square, next ilobr to P. O.
have all kinds, and at the
and Wall Paper against any
- il il I'J
'..I . ".!

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