Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-10-27

ANOTHER LAWSUIT
sMontlay forenoon, there came off before
Police Judge Hubbard, in thiseity, another
la vsuit. the particulars Of which are as
fbllOws: l 20 e OH cE ag.eo1r
Reinhardt Hendricks, on the 18th of Sep
.tember, ,broughtsuit against Brick Pome-
roy, to recover pay for two roOsters shot
by the defendant with a revolver, the
chickens belonging to the plaintiff, to the
value of fifty cents each. Through the
Kindness of the Judge, the case has been
adjourned from week to week till the re-
turn of the defendant from an electioneer-
ing tour of Indiana. This morning the
case came off, ex-Mayor Hon. James L.
Lynds being the counsel for the prosecu-
tion, the defendant appearing in his own
defense.
The courtroom was crowded, for the
idea of trying an editor for stealing or
shooting chickens, was a novelty. The
plaintiff brought in his bill, swore to its
correctness, testified that he owned the
chickens, that they were raised by a hen
belonging to him, that he saw the Defend
ant shoot them, that he had repeatedly
asked the defendant to settle for them, and
falling to get pay or satisfaction he was
compelled to bring suit and asked for
judgment ofone dollar and costs.
The defendant admitted shooting the
chickens, aud proved by four reliable wit
nesses che following facts:
In April, 1866, the defendant owned a
fast running trick mare, "Kitty," which
animal was kept in a stable hired by him,
and cared for by one of his employees.
Through little hole in the barn or stable
the. plaintiffs hens would fly in and eat
oats intended for the mare "Kitty," and on
the approach of any one would fly out. In
an old. barrel in the stable, one OF the hens,
black one, made her nest, laid thirteen
eggs therein, aud proceeded to raise fam
lily. When the hen got ready to set, the de-
fendant instructed the boy who took care OF
his mare to 90 down town, purchase thir-
teen eggs OF j. w. Robinson & Co., gro
GERS, and put them in the nest, first remov-
ing the other eggs. The boy did so, as was
proved. He then personally drove the hen
out OF the stable dozen times or more
he tried to make her leave-she would not,
but proceeded to incubate his eggs, duly
bought and paid for, without his consent,
leave or license, after repeated efforts on
his part and by his agents to have her va
cate his premises. And further, when the
hen had hatched his eggs, she ran away
with his chickens. eleven in number, two
eggs not producing chickens. To her
services he brought an Offset, the use OF
stable and board bill in the shape Of oats
he charged her withthetwo eggs she spoil
ed, and demanded judgment for the balance
of the flock, nine in number, at fifty cents
each. And besides, he proved that the
chickens did not belong to that hen, as she
was black, while the chickens were red. or
speckledl Hendricks has sued all his
neighbors for some little trifling matter,
half dozen times each during the past two
years. After patient hearing, the Judge
decided that there was no cause of action,
and that the defendant was entitled to the
other nine chickens, and the plaintiff must
pay the costs of the suit, amounting TO
$l7:S711ss. '