Newspaper Page Text
8 THE ENTERPRISE, WEDNESDAY, NOVEMBER 19, 1890. WARREN-DUDLEY CASE. Too Warren-Dudley case which has at tracted so much attention throughout this section of the State, and which has bee considered by the lawyers to be the most complicated case ever handled in these courts, was brought up at the last sitting of the Common Pleas, as our readers are fully aware, and decided In favor of 8. B Dudley. All the litigation springs from the question of right of title to 220 acres ol land east of Oberlln, and owned by Malachl Warren at the time of his death which occurred in Lowndes county, Alai bama, in the year 1802. In 1852 Malachl Warren came to Oberlln from Alabama ' bringing with him Ella Warren and four children. The question at issue between thejpar tics was whether Ellen was the wife and these cbildren the legitimate .children of Mulaclii Warren. Upon this point the parties differed. Ellen testified that about ,1833 Malachl Warren purchased her with other slaves, of a woman named Martha Selden, in Richmond Virginia, lie' took her with tho other slaves to Lowndes county, Alu huma, where sho entered tho family of Lubun Warren to learn the art of cooking: that she stayed there one year and then removed with Wurren to Butler countyi where she remained two years, returning io Lowndes county and living with War ren iu an old house upon the plantation o' Laban Warren near a new house which he bd just before erected; that In tb sprin ol 1S37 she and Warren were mar ried by one Elisha Robiuson, in the pres ence of Frank Tollard, in this old house, and tliut from that time on she lived with him as bis wife. Ellen MifWd al euch of the three trial had In this case, and al each trial she grve a different account of who was pres ent al the marriage, and other facts con nected with the case. On the first trla she swore thtit Lalmn Warren was present but that his wife was away at her mother's. On Ihe second trial she swore that Laban Wurren' was not present, but thut his wife was present but In another room of the same house, and on the pres ent trial sht testified that Mrs. Warren cats npjubt as Warren and Pollard went atvsy. On the first trial she testified tha flie supposed Robinson was an Eplscopa minuter, on the second trial she denied having said that she thought him an Epis copal minister, but said he belonged to the rrrsbyteriun church, aud on the present trial she denied b'jth previous statements end said she Understood he belonged to the Episcopal church. On both trials she testified that Laban Warren's house, which was but a few hundred feet from the house where she lived, was a frame hoiiw. Cecrge Roblnscn, who lived be tm en the plantations of Laban and Mai &'.'lil Tor ninny years, testified that it was a double lug bouse, and that op to 1857 there never was a frame house upon such premises. On the second trial Ellen produced what was said to be a family record, which was a leaf such as it ordinarily found In the Bible wnere entrlts of marriages, births and deaths are made. She testified I . that Ihe BlMn waico, was then present was purchased in Mobile, Alabama, be fore they left Alabama for Ohio, and that the entries made therein of the births of tho several children were made by Mai arbl Wsrren at or about the time of the lili-th, tbe latent entry being few years previous to their coming to Ohio. Tb record contains co entry of the marriage of M al sch I ami El leu. On examination of the fly-leaf of the Bible it was shown thai It was not printed until after 1850. .Muiacui Warren made a will, May 4th IdOl, which plaintiffs Introduced io evi deoce as showing that they were the legitimate children ol Malachl. Home testimony was introduced by the plaintiffs to show that Malachl had at various times spoken of Ellen as his wife. The defendant Dudley claims tbe land by purchase from tbe Southern heirs of Mal achl Warren. , The defendant Dudley produced the depositions of Daniel T. McCall and other old residents of Lowndes county who knew Malachl Warren intimately, who testified that they were Intimately ac qualnted.iwith Malachl Warren from the time he brought Ellen to Lowndes county and that his 'relation to Ellen was that of master and slave; that he never was mar ried ; that such marriage would be Im possible in that State and would not be . tolerated in that community. Mrs. Tyson and Mrs. Robinson, both daughters of Laban Warren, and who ac cording to Ellen's story lived within a few hundred feel of the place where she said the marriage wai celebrated, testified that there was never any such marriage to their knowledge aad that Ellen was the slave and only the slave of Malachl Much other testimony to the tame effect was given. George Robinson, a brother of Elisba Robinson, who lived in the immediate vicinity and was acquainted with both Malachl and Laban Warren and wbo mar. rtcd the daughter of Laban Warren, was placed upon the stand and he thoroughly contradicted Ellen upon almost every point where she had attempted to des cribe tbe premises and house of Laban. Mr. Btarttoa and Mr. Tollerton, two old gentleman who had lived neighbors to Warren at Salem, Ohio, testified that War ren bad declared to them that he was never married, and that the reputation of Mai achl and Ellen in that community was that they were not married. Frofessori Fairchlld and Ellis and a large number of other witnesses from Oberlln testified that their reputation In that community was that they were not married and It was shown that in 1800 both Warren and Ellen were Indicted in tho Com of Common Fleas of this county, charging them with living and cohabiting together n a state of fornication for the year previous; that a trial was had lasting several days, in which the issue was whether they did live together or not. Warren by his counsel made the defense that he was not married to Ellen, but that be did not live with ber. The same de fense was made for Ellen. They were convicted. Warren was sentenced to Im prisonment and to pay a fine. Just about this time there was a move, ment maihj in Oberlln to compel Warren to marry the woman Ellen, but be declar. ed to Mrs. Wack and to many other wit nesses that he would hang between heaven and earth before be would do lj. One of the Warren children at about the time of tbe brcakli.g out of tbe wad bought a rope and threatened to hang. Warren. Another of the children mis treated him and it was shown that Warren said that If things went on io that way he would fix it so tnitt his property would eventually go to his heirs at the South Evidence was intiodoced showing that Warren, admitting tbe parentage of these children, said that he would, take them to the North and set them free, for be was determined that after bis death they should be free people and not slaves. On the first trial the case terminated by the plaintiffs withdrawing a juror. On the second trial the jury disagreed, and the present trial the jury -after abi consultation decided the case In favor of the defendant. A motion was made for new trial ana me case will probably go to higher courts. N. L. Johnson, C. T. John son, and J. H. Dicksoa were j attorneys lo the phintiffs, and Judge jJHale, W. 1! Bedortha, and E. Q. JohnBOn appcuredjfor . .1 I .1 . T-v . .1 1 1"' vueueienuani uuuiey. Warren was a slave holder and a Slav dealer, but he, contrary to the usual prac tice of those days, would not sell his own offspring. So he brought them North, set them free and provided for them during their lives, and If they -had legitimate children the property would be theirs; but In case of failure of legitimate children he provided most ol the property should go to his Southern heirs who received him in bis old aee after he 'had been driven fiom his home by the boys who bore his name. JSlyrta Kepnuliuan. Steel Kanoes Be careful in making a selection of a Steel Range, as many of them will stand a good deal of pounding and knocking around and but little heat without warping and twisting out of shape. A word to the wise is sufficient." You can buy good ones, which are fully warranted at prices from $35.00 to $55.00 of "WILBUR & COLLINS, WELLINGTON, OHIO. ! U)t most indent anil mr n ftviloiM VI .Ui diseases. Scarcely a family Is entirely (res ,, uiuukwui everywnere are its suffering slaves. Hood's Barsaparllla has bid remnrkable success In curing every form ot scrofula. The most severe and painful running sores, swellings In the beck or goitre, humor In tbe eyes, causing partial or total blindness, yield to the powerful ef ecu of tills medicine. It thoroughly re moves every trace of Impurity from the lu "u uunui Up ma weakened system. "My little daughter's life was saved, as we believe, by Hood's Barsaparllla. Before she wu six months old she had T running scrofula sores. One physician advised the amputation of on of her n ,i.u we refused assent When we began giving ber Hood's Barsaparllla, a marked Improve ment was noticed and v, her recovery was complete. And she Is now, nnu 7san mil, strong and healthy. B. C, Joxis, Alna, Lincoln County, Me. w to get Hood s. ih;. MM ll;!!ir (Mill! 'I tit 0(mli$0 mu, 't0j ff II: i ' if mmm rtkffiwmm It r: If 1 1 p:x : : ' - 0mm I UC (JmnibUH and Trftnsfflr T.l'nn n,invAvu Pna:onrrara on I V. SO Collects Bnd dlBtl'ibtltes emreRR. (ioinir a ffnArsl AinrnBuinir atl noolronahnsinaaii Tiina nrilan or telephone American House. PriceflCc. to auy part of the city. II. S. SMITH, Manager. Specimen Copies and Beautiful Calendar sent Free. Comes every Week Read in fl 1000 Travel AND iadventure SCIENCE 1 Ayr. IflffniRil HISTORY Charming Ckildrensi Page Weekiy PPUMEN1 " Xo other Weekly Taper pint to great a Yaritti) ef Entertaining and hittwtivt Iteadina at to lov a price." THIS SLIP FREE TO JAN. I. 1891. To y KFW HT'nscaiBKR wli will eat mm w.d this all with aid ddrrM nnd .I.TS Poetal or fcprM Mont Order or BeoUtertd Utter at our riiM, wo will mi U'.E 1 ",'.T,,.'H '"'"'' Flir.Kl. Juii-.ry. 1801. mma tor m Poll Yrmr from that Date. Thl.sirrr iDrl.dr. tba VIVK Dvl'Iil.E HOLIDAY RI'MBBRH far Tkaakwlvlaa, thrlatmaa, Kew loar-a. Eaalrr and Paanh-aflalf, mm all iba Illaatrated Weekly Happleneata. JMK-J0Tyt COMPANION, 41 Templa Place, Boston, Mass. AMrru, WITH $1.75 food's Sarsaoarilla IOO Doses One Dollar I IOO Doses One Dollar For WEAK and DEBILITATED MEN. A NEW DISCOVERY 1 BY DR. ALBERT. TESTICURA EXTERNOSUM AFTER year or experience In Ihe leading Hoapltals or Ihe World, and aa a Private Npeclallal la the treatment of Hexaal Weak! AHK Uaally bees Induced tm placa before the alillcted at a nominal ua. ihi :WONDERFUL REMEDY!: . TESTICURA EXTERNOSUM For the Can ef Seminal Weakness, lm- poteacy, Nooturaal Etnliilins. Varicocele, and Lack of V Development 3 ' TESTICURA N EXTERNOSUM Appllad direct t tha parts. Ne Nauseous Drugs that Rain tho Siomaoh. Guaranteed Curs, or . Money Refunded. WA PERFECT RESTORATION CUARANTEED.- tent to any part of Ihe it. S t ocnrolr packed, fro from ebaer ration, upon receipt of ii.Ot. For full Inrormallon, addreaa encloalna 4 eenla poet age. Tha ALBERT MEDICAL DISPENSARY, Cleveland, O. gesHgufl rftvffnaxrra'wnif' n BEZaSZEeSJ FRESH E.E0BIK SON'S ffHEItllll t tiEE m SilLECiS. ARB Cleveland St Marietta E. R. From and sfterDne.T, lHM.tralDPWlllpaei Wei iDgtoDae follows t OOIMO BAST. . StsndardTlme. no. i s.rza.m. No. 5 lO.S.ta.m. No. T 4.1i;p.m. No.i S OS pm. No. 17 (Local) i.iim.m. OOIHO WEST. Ho. 4.30.m. No. i lO.BNi.m. No. S.IHp.m, Ko. S lli:20p.m No. 16 (Local) 2.'4p.m. evTraln No. 9 will leara Talerin nna hnnr late. Dime ST. and run one hour lata from all stations to urrrille. Hot. I.SandSdsllr! other, dllj ex. Snndnr. Furtberturormttlonlnrerirdta thli Una adl pernnnunn nnrv. Facts tbe People are Learning MRS. DR. RIMEL, AKRON, O, ,. Botanic -:- Doctor, Makes a sueclaltf of chronic diseases, such at CHturrli, Liver and Kldner trouble, and all lilnrtsof ohronlfl dlteases, sunli as Rheum, tlmn, Asthma, Throat Trouble of aur kind. ill prtes are from :i to 110 a monthi I make a specialty ot women's and children's all meut. I describe diseases without Mklna lucstlnns. and I make this proponltlon: II In 4 weeks thetarssatlsAi'd Iher are no bet ter, I will rrfui i one-half. Mr mode of treat ment Is strictly llotanlc roots and herbs. L'onaultatlnn free. Will be at the American ilouao tli 3d and 4th days of each mouth. 147 When competitors in trade hare more l ny of the methods athers are pursuing than of their own, customers are liable to H'iflM'Ct thrttsomHliioff Is not quite right, Win n dealers talk hIniui Lottery Schemes, Luna I'rnfltaand tjliorl Goods, Zf!.n An ns lomlslt-ad bu vers. Gum III in u l)vlv now you tee It and now v, u dou't, Hi y Typi , astonishingly Low Pricra in mhers, the people have a pi-rlfti rmlit to think that those who talk alxiiu sucb methods Unv.' been there. Now I do uot wisli to corrupt tbe Virgin Purity or Immaculate Sensibility ol those I am In competition with, but can say without boasting that 1 am getting my share of the trade by atteuding lo my own Business in mv own wav I keen a general Hue of GROCERIES . &5D MIS!!, which I purchase often and that will bu lound PltESiJ and Just ns represented at all times. I expect ly tftricl ntctriy and Siraivht Forward Dralltitf with my customers in merit aud obtain a liberal fhsrH of patronage. Uoods Delivered Promptly any where In the Corporation. rae' m nliiaBi ra7aaiaaaaMaiaHiJ Crosier Block, Wellinoton, 0- Do Yon Cough r Don't dolsr. Teke Keinu'a Bsluin. the bout comb cure. It will cure your cougbi and cold,, It will enre sore uiroet or a licniing in in, tiimei. It will cure Dln, In the cheat. It will cum lnltu- (nil sud tmmchltla and all di,ea,es purlaluiug to he lanin becoe It In a pure Mum. Hold II to Ihe llitlit aud no how clear and thick It Is. You will aoo tbe eirellent enact after taking lha flnt doae. Largo bottlo, 60o. sud 1. HOSIERY! I Vtraoi Mm.. Jta meet a long felt want fors F1USMLA88 BLACK 8TOCK1NI1 tn an absolutely fast color I have bought a stock of tha eeiebrated Cloonfast - Hosiery. I have these goods In Children's, Mlsaes'. La dles', loutha and Mem', kizoh, a ml will war rant them strictly faat In r.'L.r. This line of goods will be handled In connection with my work at the Benedict Khoe Co's store. Call and see them, one door wnst of the hiirdware si ore. FRANCES A. BENEDICT. w WHEN IN CLEVELAND FOR CALL 0 C J. FULLER HO., 108 Euclid ATonue. ( Thsy are large manufacturers of Seal Skin Garments, v Fur Capes, Of all kinds, and every tfnacrlptiou of Fa tioods. (0) BTOCK t ARGE, PRICES ilODKRATB. To leel blight ami chi-rl'iil nttend to your stomach. ; Tak'i ; bimuions Liver ltcgulator. i