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Story
April 5, 1855
Carroll Free Press
Carrollton, Carroll County, Ohio
What is this article about?
Due to Judge Tripp's illness, no Probate Court was held last Monday, potentially releasing defendant McGilvery from a charge of selling intoxicating liquor in violation of Ohio law, due to a legislative oversight in the court's regulations.
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PROBATE COURT:—Owing to the indisposition of Judge Tripp, there was no Probate Court held on last Monday. There was but one case on the Criminal Docket—Ohio vs. McGilvery for selling intoxicating liquor in violation of law.
The Legislature in framing the law regulating Probate Courts in such cases made no provision for Probate Judges falling sick, and in default of the Court being in session on last Monday it is claimed that the defendant is released from all obligations as a culprit. Whether this be true or not, we are not prepared to say, but it shows a want of foresight on the part of the Legislature in not making provision for such contingencies.
The Legislature in framing the law regulating Probate Courts in such cases made no provision for Probate Judges falling sick, and in default of the Court being in session on last Monday it is claimed that the defendant is released from all obligations as a culprit. Whether this be true or not, we are not prepared to say, but it shows a want of foresight on the part of the Legislature in not making provision for such contingencies.
What sub-type of article is it?
Crime Story
Historical Event
What themes does it cover?
Crime Punishment
Justice
What keywords are associated?
Probate Court
Judge Illness
Liquor Violation
Legal Loophole
Legislative Oversight
What entities or persons were involved?
Judge Tripp
Mcgilvery
Story Details
Key Persons
Judge Tripp
Mcgilvery
Event Date
Last Monday
Story Details
Probate Court session canceled due to Judge Tripp's illness, leaving one criminal case (Ohio vs. McGilvery for selling intoxicating liquor) unresolved; legislative gap may release defendant from charges.