Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1860-05-31
WHEELING, VA, THURsDAY. MORNTNC. MA

ut"u- 1he advertisements were nut VI
: after that day; it was some days after ht
was at my house'nnd took out his paper I,
write, that he marked heshecp. Mr.. Stew,
art resides, lsupposc,six or seven miles from
there. Don't know that he purchased lii,
o sheep for Buchanan. The sheep are still
. there; the sheep have been VIZ She: Il was h cd
0 them: don't keep the 20 that were soli sep
o arate-some of the marks arc on The sheep,
U W3uidnt know them to-day from tic utii-
tfs, unless there are marks on ihcm
: washed them because they were all tugcGh.
5 or and didn't intend TO give myself anv
tTouble about them. Stewart hms never
hecn there to see about them. nor any per-
son for him. Don't know whether there
nus been any understanding between
Stewart and Buchanan that they were to
remain the lattcr's. The sheep are in my
charge still: ] am to keep the sheep for
Buchanan and get part of the wool. I
nave no contract with any person else
about the 20 sheep. ] intend to shear the
sheep and tie the wool up with the rest,
Marquis cried the ten first put up several
minutes, but there were no bids. There
would be no difficultyin picking the 20
marked sheep from the rest, ut that time.
Az the McKibben sale Mr.. Marquis. said
| that he must have the railroad tax and if
it wasn't paid lie must SELL B. told Mar
he would prosecute him if he sold. After
the sale Mr. Marquis offered Buchanan
some money-thc balance over the taxes
and costs. Buchanan told him he wouldn't
take it; Mt the time of the payment of the
34 mills tax, Mr.. Buchanan was present.
DITtct TeSNmed-Didn't see the money
(the bHlance) counted; Marquis said that
that WAS tho amount, to two or three cents
either over or under the amount, don't
know which.
Thomas JicCorkle, SteOrn-Prescnt at the
sale of the sheep on Mr.. BIS farm. Don't
know anything that occurred till wc had
gone to the field. Mr.. NJ. offered 10 of
the sheep-cried them n while; got no |
bids; he then offered 90 sheep-stated they
were the 20 marked ones in that lot. He |
cried them for some time; got no bid; ask
ed II there was no one there would bid |
$50; then II any one would give $780,
After while there was bid of $50, and
when he had cried them awhile, knocked
them down. Worth at least 81 so.
Anare19 NcCarreH, Stcorn-Was at the
sale; saw the lot of sheep. Didn't see the
ones Marquis was selling; some few had
marks on; could have picked out 20 that
we're worth SIS 90. Have heard William
dcCoFkles testimony-it concurs With my
,wn.
Cross observation-disclosures were good ma
~ Mt tlie sale that could have bought the
heeP, it they had been disposed to do so.
Tue Plaintiff rested. Mr.. Murdoch
pened for the defence. He claimed that
hc constable had pursued the legitimate
teps pointed out by the Acts of Assembly
or the sale of property for taxes, aud that
c was not bound to look beyond the war
INT, which was his authority for doing rs
e had done.
1858, page 529. They thea offered IN"
plaintiff admitted that the
ntendnnt WAS deputy constable OF cross
reck township, for 1880, ana DIFiu
auIt Principal.
The defendant then offered in evidence
10 warrant issued to the constable; oo-
ctcd to by the counsel for the plalntlh; \
n the ground that no assessment n"u
cen shown. The court overruled tue oD-
,ction and allowed the warrant 10 Se
iyen in evidence. Ut appeared ny thc
,orront aud schedule attached that Thos.
buchanan was assessed with $50 62 coun-
: tnxl The defendant then offered the
wv endorsed on the warrant. II was
uted Feb. ., 1859.
Doria Robinson swom-Livo in Cross :
;rccls township. advertisement OF sale
hown to witncss.) have seen it before;
ook it from the side of my wagon s'iops
where it had been stuck up.
CroSs-eraminCd-Saw it when 1t was up
John Stescart, Sworn-Was at the saiei
J,rouis said. ..who will give $50 for the
hccp;' l said l would, and they Wert
,rorkcd down to me. No arrangement
made between Mr.. Buchanan and mysel'i
nv money paid for the sheep; sold them
,arIt to Buchanan for $780, sold them back
hat evening.
Defence closed al five p. m.
Plaintiff offers in evidence the act oil
1882, and to show that the railroad ia y WAS !
levied TO nav interest on bonds issued un- /
der the provisions of said act, and further
that the Hempfeld railroad is not yet com
rletcd and the company is hopeieSslY IN
solvent. .
Objected to on the ground of irrelev"ncy'
Objection sustained. ..
i. s. Wilson, ESQ.,, addressed the jury
on behalf Of the defendant. He claimed
that the warrant of the Treasurer protected
the constable in everything done in accOr-
dance therewith; that the jury could not
look Lac[, Of the warrant to determine
,yLctl,er the tax authorized to be collected
was legal or illegal. He cited cases deci-
ded in the Supreme Court to sustain these
positions. - .b,
Thomas Williams, Esq, closed tor tne
pluintilf' The case before the jury was ne
nrged, one of vast Importance, not on'y 10
the E plaintiff, but to the people whose rights
had been nssniled by an attempt to exact
an Illegal and iniquitous tax. Taxation
was one of the highest prerogatives OF
sovereignty. When such right is claim
ed to exist, every thing essential to its ex,
istence must be atirmNtively alleged ana
proved All questions touching. the ie-
rality of the exercise of this right-tne
| right itself being strictisstmf j"t1'-"re 10
be rigidly examined, and every lmPilcalao5i
here, he said, that the warrant OF the