Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1860-05-31
THE HEMPFIE1D BONDS.
Washington c ounty sustains the Tax

THE HEMPFIELD BONDS.
Washington c County sustatns the tn,
THE CROSS CREEK FORCED SALE OF suEE
SUSTAINED by JUDGE GILMORE.
From tho Washington (ra.) Examiner of yesterday
1@o1aus buchanan as. IVTiliaAa c. Ma,
9ws.-This was an action for damage,
brought by tie plnintilf against Marquis
the acting constable of Cross Greek town
ship. before Justice Hughes, of Noun
Pleasant township, who gave iudgmen
for the plaintiff, of $50, from which iudg
ment the defendant appealed TO the Cour
Of Common Pleas The main facts in tn,
case are briefly as follows: MARQUIS. az
constable, levied upon, and sold, n mum.
Der OF sheep belonging to Buchanan. un-
der authority of the warrant of the Couu.
ty Treasurer, for taxes. Buchanan had
previously paid all of his taxes, excepting
SO much rs was equal to the extra amount
levied by the county commissioners for
the payment of interest due on the bonds
OF the Hempfcld Railroad Company.
Ihe case cnmc up on Thursday last be-
fore Samuel a. Gilmore, President, and
Hons. James G. Hart and Jacob Sagle, AS
sociatcs.
Messrs. Gibson and Thomas Williams
appeared for the plaintiff Alexander MUIR
doch and David S. Wilson, for the defcn-
( dant
Mr. Gibson opened to the jury, in a for
/ chile speech, claiming that it would be
shown that the sale was illegal from the
fact that greater number of sheen were
sold than were necessary; and that the tax
for which the sheep were sold was an lille
gal one, and consequently the sale also.
FRANCIS BaTneS, S'c0yn-Atarquis came to
my house in the latter part of January;
81 I0n NT-0C
buchanan's place; was under obligations
top, to pay the taxes. Marquis said he. he sup;
rcrard to eases of the kind, and that he
couldn't collect it Off me unless MIR. bn-
chnnan had no property on the farm lie
then asked me if Mr.. B. hadn't sheep on
the farm. told him he had. Told me nc
would separate the tax, and would sell N,F'
B's sheen for the four mill tax; that ne
had no right to take it from me. He said
he had come from home with the intention
of leyviug that day, but didn't know
whether he woud do it or not. told
him to 20 to see MIR. b.; he said he had no
right to 90 out of the township to see any
man. | told him wonld see Mr.. B. my
! self and get Kim to come to Mr.. NJ klb-
| bcn's sale, and they met there. | then
] paid Marquis three ard one hall mills o.
I The tax; the right county tax Mhen |
/ had paid him the money and taken Ihe
| recent Mr. Buchanan asked MN IL an ""C
the railroad tax had been paid. nc salo
! # was. Some time after that sale, Mar
o,,is came to nv house and said he had
cone TO lew on Buchannn's sheep, and
asked ME to show them to him. TOOK
him 10 where the sheep were. ana hr sain
he would take twenty of them. he S"'d
lie vouId have to take them away, unless
gave Il bond for their delivery Mt the day and
n,ncc of sale. Told him ! wouldn't sign
any bond. Told him they would ne s"Ic
here. He said he would leave the sheep
and would sell in fifteen days. lie then
came back in few days-m"y oe not
more than three days-brouGht three per
sons with him, and said he wou'o nave !"
take the sheep away. Said he had learn
cd that if he had taken the bond it would
not have been legal aud that he had nc
other way than to take them. Said was
hound To Mr. B. for the delivery OF tue
sheep in the spring and lie shouldn't taxi
chem away. He then sent for Mr.. Bdchan'
an who came. He stated to Bnchana'
; when he came, that he had come to tax
the sheen away. B. stated he didn
think there was any use in taking IN
sheen away Said he would have to 1'
so unless B. would give a bond Tor IN
delivery of the sheep when called b. .oi
Marquis tie UiNu HO "W'''''''
lhori, but ir he would have one ne woui
Z Give it to him. He then signed 1t, an
myself also, for the delivery of the Shee
at that place. Marquis went ON ana pU
:. nm his advertisements to sell the sheeP o
the nth day of February. On that do
Mr.. NJ. camc--he asked me il the shee
hadn't better be picked out, tod MI !,
I wouldn't pick them out. that he coN1
sell the sheen there well as any plac
He declined picking them out and sara l
d would trv to sell them in the hel
where he had levied on them. we We
tn tho field and surrounded the sheeP.-
He rave up the bond. He then offered t!
= of the sheep first. Called that offer wnl
and got no bid; then offered 20, and ask
I, vino would give $40. Think he got bid al
~ ~ thn sheen were sold. Great many peor
ke there Think it was Mr.. John Stewart,
he Canton township, who bought them
Tss didn'ttake them away: paid the money !
hc sheen were not separated from the rest I,
nd the Hock-ust 100 in tue hocK'
sheen were worth, in my opinion, 80
head They were wethcrs, good-wool
sheen. When Marquis first came SAID
would lew on 20 sheep, and took out !
paper aud began to wrlte-NCSui"se' ..i',os e., :"
read schedule by Marquis setting TO-
=. the amount of tue thX, costs OF S"'e, :,
4" to be S24.l8.) Marquis cried the Sn. s
-, after he got the bid of $50. 1 was Ie' ,
inn it, the Justice when the case was trle"; ne'
,fa MARQUIS say it was for railroad tax; Ie ;
"a the sheep ithis factwAs admitted ny
the dctcnce.l .;,,,o gRucbO,