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Chapter 3, page19
The Family Moves West
Levi
also asked for another Justice to assist John Amstutz, and George
W. Goble was called.
The trial began at 3 o'clock the same
day and; I [i.e.,[John Amstutz] will have
said Goble as my assistant, in every respect, during the trial, stating
the reason such
that things appear to be ticklish and dubious and critical...
Levi pleaded "not guilty." when the
trial began. I. N. Mark was the first to
testify followed by three of the witnesses for him. After this
testimony, three
of Levi's witnesses testified.
Justices Amstutz and Coble retired to
another room, and after discussing
the testimony concluded that both men were equally at fault, that the
com-
plainant provoked the assault. Their judgment was to discharge the
defen-
dant and the complainant, and defendant would each pay their own costs.
The complainant wanted the defendant to confess he had done wrong, but
Levi refused. Justice Amstutz offered to withdraw the fees, but Levi
still re-
fused. The transcript continues;
Therefore, in the name of us both, I
discharge the defendant and
complainant shall pay the costs of the
action, and this was our final
judgment, and all what we could do
according to the law in that case.
But I, for my part will never consider
it a pure judgment according to
the whole transactions and circumstances
between the complainant
and defendant, as both parties
trespassed the civil action of reasonable
men, and the ought to pay for it alike
as lessons.
This transcript was given to the
complainant on his request. His in-
tention is to reverse the judgment of
this action, but the transcript it-
self will show that I was trying to act
in a way that might produce
more than this course.
There is no account of an appeal and the
article concluded with the histo-
rian's statement. The manner in which Justice Amstutz's good offices
were received
no doubt taught him that justice and philanthropy are not entirely
synonymous
The Move To Van Wert
County
Levi sold the Richland Township farm on
April 30,1861 for $2500, and in
that same year moved to Van Wert County, Ohio.43 A little more than a
year
later, on 1 May 1862, he purchased 160 acres in Willshire Township, Van
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