New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-06-25

tbing cithi. the fence fs5d sis 'impy bee the
Cour. had ruled ont such srdeneej .Sey wi nd 10
shO~ Pat the feuos sa1 gaze were i5ds 2u.sbly Jen-
kinss p-opr'y ant ther'f-e be oonniteduo offsoss
ID b-eskiDg do En the gate which vss his s0sollte
ii dispute. '''' - '-' ~
Col Young insistsd TIA. this would open the qsss-
ton Of the title to the lana inasnucn ,eoee
vss part and parcel Of the estate.
Mr.. Coe denied tbs, the fence vas psr Of ths claim
il had net been proved t1G. taey were q fl ure yet
The .cot OF making Improvements gave The person
msking them an absuiu'e s5d exclusive riglt 70 i.
Until the cs.e vas decided; therefore il jenkins built
the fer ce lie bsd perfect right 10 destroy IT, aud
committed no hespas4 10 80 dong.
Mr.. L piog sale If they forced into this INNS
tenal testimony they expected 20 shOH that Lane
boueh, these improvements from CoepmaG. lie de-
denied that the erectOr O. az lOpfoveneJ. ves ia
owner; ne had merely CAT 70 compensation for 1t
II the case WeLt aga al hIn. This fooce was line
fence, and whoever broke 10 d0gn aud ent=Tei the
others pcOsure WAS trespasser roter, in the eye
Of the la..
Mr.. Stanton advanced pric cple OF law the reverse
Of Mr.. E6iog's propo:itio1. IL wished % STOW how
far there TEs tsespsss-to STOW that there was no
trespass on the part o. JsLkrs Yet this woid
finally be minor confederation, f5r, evsn ii tue de-
csssed did commit tespsss, il gave Lsne no rislt
20 shed hs blood.
Mr.. Cos supported t'is view, sad sa!i that the
question of properly would not 10 cry Vsy affect the
title - the land
After some conversational cross fling between the
lawyers, the Court sustained the objection.
Q Who wss the owner OF the gate and fence
spoken OF in your teStigoDy
Otis elton urged aud su7' aimed.
Lane repeated the threat OF shooting jenkins oncs
or twice sfsr he came oct With the gun, seying:
"Js1hifs, III sbOst you Uac!e said, "N) mo,s OF
that" jenkins wa walking to Tsrd the well wien
sbot he had 10 arms With him. uncle fell ust 81 the
edge Of the po we'd ground; the gate blit before
the ground plowed; measured the distances this
morning; they viii be produced, accompanied BY
man rf no q
1dgneui) from the gaze 70 our house s h!ty rods;
round by the front g.te sbOu. forty rods further
By C6l Young-I first leaned tnat ancie was going
after water alb Mt noon; heard him sey 20; he SAID
his hired mans life had been threatened, and he Sa3
going 10 defend nm he said nothing further than toe
message be gave me 20 carry 70 LHne can't say posi-
lively that sald to Lane thst Jenkins wanted nun 20
be there or to wait; might have said 60, but Mr..
JenkiDs never did.
O. DID you say to Lsne immediately, before Mr.
Jets over, that your uncls I'd sent you
Ia tell General that he coming and that he wanted
him 10 be there A. ssy positively that did not
4" General, you'd better wait; bu, ny uncle never
ssd so-1or can sweer positively that said 81 my
telf Gen. Lane asked me il | vas going back; told
him wss going n Tie Republican office; Gen. Lsns
said TO me, Z" Go back and tsl your uncle for God
sake not to cCms-the only way they could get along
in peace was for each 70 live on his own preIises
were not ell armed on the d.y OF Jenkinss dest1.
Various questions were put, but no new eviience
was ELECTED
My uncle never sought qui ARIEL with Lsne; the
rifle was discharged az Lane, after jenkins fell, by
Dufur it was about week before urcs's death that
Lane locked up tire well. Adjourned.