New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-06-24

ard J,.rtvo o.i's Cf s..eg; :as sss b.. <eea sld
o'c( OK; sfttr dfeF ne Es'sr, a-t 80 va gong
out of the este, heard sore ors hal rnsi 80, down
the % is sad Ooksd around; saS =. "ss Gen l. M
he said II yea cone IN .lis yard sg.n II 81 o.
" YOU, ven I'D s.ouniTel;' sait, " I1e he yo1
HiD be Yepea tsd the sine yo.Gs ever sIsiai ! / ~
hin 20 shoo: 81 De damned: tiat Is 81 * conve:si
ton that pssssd bst =eea usi took t1e wser a2f
went TO ths house; slortiy sl<r that jenkins cane
were . u sE2 ssed VIA Lins sad 10 ue; DID
bin eli the. hae t-Gusp:rs5i re $40, s-:ena ,
" that, and when goa e. atieT wssr stai1 90 fHh
you sd prUteC. you " shortly After ths. Ms Jsr-
Iii came OFT SD ssh she vs. -u:oi !ost u! k-i
hitched II tie wagon and Jsnk rs vert T. :ovA SiA
ne; Re said ne did rot WALL ne - 3 TO TIE vel
for water sgsin ucless be vas vi nee ne SAL - e
lid ret wsn- 70 snoc. ne: that L're tzlEei gfei.
deal sb1 u shooting bit Ike most men % tbs. SOFT
did do much Of IL tie c1ndiion Of the spEag was
muddy-uif. fT TIE, II eorssqEsace Of me elril
washed i.t5it By tae TsiIs; j. Essgly clock
rhes We west a..eE water a. The tins jenkins WAS
killed; the use OF tie fpri9s TA.er tai caused 6.t
hsst1 in Mr. Jerh .n='s f4niy-espeeisly % lie ell
6fer-4t less 80 could not r0s any cher reas,n for
l.; Mrs. JENKINS asked 10 tie fjre1o3n 70 get
srotbe, pail Of vs.sr-thsYe WAS 70 war n the
house when Jerkics gss saot; II Was shs7in'eiy re-
cesssry for us 10 have water when we ven. asr 1t;
L1De Nas about twenty ~ thirty zee. ron d snkhs
exercise, but cannot say bow many 500 thsFe sre in
az ordinary load Of due zshct di 70. a. shot
but rould Ire place where jenkins :t''d
Mr. Gee desired 10 ask s)me qlessioas.
tbs. oIly one counsel shcud exsmine wines.
Mr.. Coe said there rule ba. the discretion Of
the Court, and waived the request.
The wine s--Ine spn Is sl;Iatsd ct the hC, II OF
rsvire so that .ae mud s. gays Sashs, ato !: every
tune l. rains; there four persons sick Of dsrrhes
in Jenkins house - that time; Mr.. Jenkins, when
shot first settled his side, sSd then pitched Jrsari
on bs elbows and kases as Re fell; don't thisk be
struck bis breast; be pu. his hand on hs bre,st sad
CO.. and gr jsned when ne fell the direction OF the
gate from the ho1ss where LsGe lived IS s0U,a west;
the direrticn from the well Is nearly we: or l:ile
aOu.h the gate ca tie day Of the de..a was nailed
dOvn-to tie top Of the ssteposts-ysEy securely; II
trok cOrpideraoe hammeIlng 20 knock mp the rail the
rail was fsstened 70 the gate, well Is TO the ,ss
the gate bal usually been hug ca leather hinges:
cut them Off the day efDFe nov the gate Tss rot only
nailed already stated but 10 the sides OF the posts
slso there other entrance - 90 into the yard
from that i1e OF The lot; this the front Of the ut;
the house fronts east; this the back gate but
have spoken OF the font Of the oa a. the back of the
hOuse.
@ Do yo1 know who made thst gate A. Yes.
Thos Eei.g j., objected 70 he question IS to who
made the gate. T. hiss no connection with the homi
ode or TIE motives of ether party.
Mr. Stanton said tina. the question Of the ownership
Of the properly bad COED deal to do With toe homi-
eide. He proposed 10 show ths. this property be-
longed to jenkins; ths. he built it AMI rented the
house. aud tina. Lsre So. into the premises through his
tspart
Mr.. Ewing insisted the. the Cou: had no right TO in
qu're into the tile.
Mr.. Coe said that the title as to the claim not in
question, but it wa pertinent. to know who Owned
these improvements as hsd very material bearing
on the case. lie not bringing into dispute the title
to the lard but to the property pus on ii by each
claimant to which, under the preJmp.ion lay, they
severaly-the one who msde the improvement snd he
b.J nd ~. mr. q
gs:ion was settled and then to rsconpense If he lost
his suit.
Mr. Ewing insisted that this question, If permitted,
would inevitably result in bringing the whole dispute
ofthe title TO the land ito this ninston for they
introduced evidence 10 show that jenkins built this
gate ard laid this fence he should introduce evidence
70 show tha. the farm was Lanes and consequently
the Improvements or il. The question Of possession
was the only one pertinent here. When man is in
possession of property, he is permitted by the Law to
use thrests and degree Of violence in its protection
which he would 1o. be justified in using elsewhere.
lie conten5ed that they could not go beyond the fact
OF possession. To do go would involve the right 70
title. Suppose Lane ives trespasser-got possession
Of this property fraudulent yno matter how he got II
still he was in possession and this. fact emitted him to
all the nights of legal pOssessor. Therefore jenkins
and his friends were ri0.ers-trespa' suse
they broke down the fence Of psr'y in possession.
L. made no difference in law who dug the well made
the fence or constructed tie gate.
Mr.. Stanton replied-Ihe prosecution did not pro
pose inquire into the title to TINS well or gaze in order
TO Justify jenkins if he acted wTopgfuy; but, be sr
gued everything that ten Is 10 exaperats the feelings
of a puty-eveythiug inmedisely connected x;,h tn"
issue a. for example, who bull. the fence or aug the
yeu-yas pertinent and legitimate and proper Snca
eyiderce would render the oIense of e.her or botn
parties more or less criminal according to the nature
of said testimony.
There was lorg discussion Of this Pon. by the coun-
SCI On both SIDES the Coar adjourned before deci-
iDgi..
There was one amusing and happy hit male BY Mr.
Coe in ths course Of the investigation.
Col Young insisted that, in law, the man slain Ii
supposei 10 be wrcDgfoly slain.
Mr.. Cee-rnat is EDslnh, no. American lsv.
COL Young-If there IS sDy book in Gods earth,
whether printed ia England or America taa, contains
sry other doctrine III sges to eat !, without greasins
Then. said Coe, you'll have more law 10 your
stomsch than YOU have in your tead.'
AFTERNOON SESSION.
TIE Court decided that the question relative to the
ownership of the gate sud fence need not be put.
q. HOG ioug hsi Mr.. jenkins been in the habit OF
uslug tat we'll for water y | don't rec1.lec, e1-
actly, BIZ. il was dsy or two sfter Lanes family
came 10 the hOu-e. Fac witness said he understood
the question the makip Oh Lae gate, Ont Jen ms
had oeen using ths well ever slrce ne cana 10 live
vita jenkins more sr Less o. the 95th Of Msy Fss
there, aDd Lane SAD mus, not come through ti1;
gate scsin. but come through the O:her gate tais
was the f,st time heard him ussks oSe~.irs OF any
kiF Lsne has been living there ebO1t two months
Mr.. Stanton sAii they now proposed 70 show why