Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1869-06-24
rHE YERaER TRIAL.


During the progress Of the Yerger triai
at jackson, Miss, last Monday, the ninth
day of the trial. the defense introduced
the following testimony. ks
TESTIMONY OF W. s. FREEMAN.
/ was city marshal on the 4th day OF
June: 1 had q distress warrant against
q. M. Yerger, for taxes due and unpaid
To the CITY of jackson. Col. Crane, act
ing Mayor, directed me to levy on the
piano. and bring it away from the house.
/ asked officer Isler to go and get some
male relative of the family to 60 along
with us he asked James Yerger, who re-
fused |; he then asked John Il. Yerger,
who said he would be engaged TIL three
O clock pm, and could not 60; told IS
Ter that we would 60 ahead and do the
business alone; James Yerger overlook
us as we were going up; went along with
ms. Mr.. James Yerger knocked at the
door. was admitted, and the door
was locked without our admission.
Mr.. Yerger came out after. lew
minutes and demanded the writ re.
fused to give il to him. He then asked
for copy and we went into the library
and he wrote the copy himself. MRS.
Yerper told me that the piano was her
property-had belonged to her previous
10 her marriage with Mr.. YerRer and re-
fused to let me levy upon it. then dis
m;ssed the team and hands l had en-
Moved TO assist in removing it. Mr..
James Yerger then went to the parior
and showed me the piano. l went from
there to my dinner, and afterwards called
upon Colonel Crane, and informed him
OF nv action. He told me that II was
afraid to do my duty he would get o
Marshal that would do his duty. l told
him that / was not afraid to do my law
ful duty. and if he so ordered, ] would
take the piano from the house. de re-
plied to 20 and get the piano" ask no
questions and answer none" then
went and got the necessary assistance,
and called upon Mrs. Yerger for the
piano. She locked the doors after l had
gotten inside. / asked her. to unlock
them. as had orders to break down the
doors, if necessary, to get the instru-
meut out of the house. She then I'M
locked the doors and the instrument was
removed. The writ of restitution was
served on me on Monday, the 7th OF
Jane. and l returned j. to the residence
of Z. M. Yerger on Friday, the 18th Of
Juue / had no instructions from any
one to return it except the instructions
contained in the writ
| By Judge Advocate-I levied upon
the properly by authority of warrant Of
Distress issued by Mayor Crane. Miss
Yerger remarked as l left the house thai
there would be one Yankee Mayor badly
whipped when M. Yesger returned.
BIZ the Court-I stated to Colone
Crane that the piano was the property o.
Mrs. Yerger, and desired to wait unit
the return of Mr.. Yerger, before making
the levy; had to let one writ die on my
hand waiting for the return OF Mr.. Yer
Ger. The first writ expired about thu
9th of May; that writ was issued for thu
anne delinquent taxes. My reason fcl
permitting It to expire was that ! desired
| Mr.. Yerger to be at home, for ] sntici
mated some difficulty in the matter iron
what the citizens had told me of him, ant
wanted him to be there when the lew
would be made and the property takeI
away.
Judge Yerger desired to introduce
telegram from defendant to his wife, In
s,ructing her to seek legal advice in rel
ereuce to the seizure. Judge Advocat
objected, objection overruled and tele
gram received, together with two letter
| from Y. N. Yerger to Hon. Joseph =
Crane, Mayor, etc; which are as follows
JACKSON. April u. 1ees.
Hon. Jos. g. Crane, Mayor Of the City 0
Jackson
SIR: Your communication Of the 81
inst. was received during my sbsenc
from home, otherwise it would have n
ceiyed prompt attention. During tn
administration of the city government b
Hon. d. N. Barrows, declined to pa
the taxes assessed on account of damage
TO the property caused by the act OF th
corporate authorities The elevation {
the street 10 front Of my residence an
! the incapacity Of the eRlyerts built
carry of the drainage during hssV
rains, has injured the property yer
seriously. / protested against ,this !
; person, and told Mr.. B,rrows that u
: overflow had not only injured the wall
. and valuable shrubbery in the yard, br
had introduced the cocoa grass from th
neigbborhood, which be bad caused to
D dug I'D and placed loosely in tho stree
1 The coutinued overflow undermined ii
foundation Of the brick wall in front
nv residence, and dunng recent hesy
rain one hundred feet of the wa
Q washed away. together With the iroa raj
4 ing which had been erected at cost
: over twelve hundred dollars. The r
naming two hundred feet are subject
J the same danger, and earnestly protes
= ing, as have done and now do, again
# the shameful destruction of this valuab
n property, By neglect Of the city author
ties, respectfully depiins nov, as ha'
J. done in the past, to settle any claim
d the city for taxes. II is my purpose
4 ask of the atty indemnity for past mi
. ries, and security for The future. ~
damages are far greater than yill spps
- to earsory observer, and ! invite 20
r. special attention 10 the condition Of I
o property now seriously Injured as it b
4 been by the recent rains. Failing
" adjust the nstter Of damages satisfi
q torily With the city asthorities, shall
10 con PEELED to seek the redress afforded
e the Law. ] en-, sir,
n Very respectfully, your obi serv't,
: M. YERGER
10 JACKSON. May !. 1889.