Middletown transcript., 1872-11-30


williams. Only one wituess had bsss ssamiasd |
10 substantlaie ihess facts when tho Court ad- |
|ournsd until 10 o'cl0sk, 4. =. Tuesday.
The case Of Willians 70. CIsaves wss eontis- |
ued next morning.
TIE plaistIG produced ssidsscs esmslasive Of
that imported yssssrday, 10 show the rsnliag Of
this farm, BY Cieaver 10 wiiliaas, and bis sub
sequeat forcible eviction therefrem By delssdant,
on The 18th Of May last, also a. ctItctinx the
question of da,nagss claimed BY plaintiff. The
terms Of the agreement 10 rent aud what propor-
tiouate share Of the crops were agreed 10 be rem
dersd - rent, we're inquired into also what
WINS the wmoust ef such crop Sctuaily raised on
said farm that YEAR. and their respective market
values.
The defence continued, and endcavorcd 10
show by evidence produced, that 10 the FIRST
place there was no tenancy, but simply an agree
ment on the part Of Cleavsr 10 hire Williams 10
work the farm for the year, aud give him one
'tkird Of the crops raised ~ compcnsa,ien there.
Of; that secondly. u this was tenancy, the
plaintiff had not sufficiently proved an exclusive
rossessios o. the property, nos an eviction there
from.
The arguments In tho case were not completed
until after dinner, when the Court In its charge
to the jury read the frat two sections Of chapter
100 Of the Revised Code.
That this is u question merely Of fact aud the
jury must decide, whether the agreement WIS for
az rent or for Cleavcr 10 pay the plaintiff one
third Of the crop raised as compensation for his
services
Tha, IL they found II was a tenancy, md that
the plaintiff had bces cvic,cd from the possess
sion, his damages should bc what would have
been his profits for that year; aad that 1t would
be compcicn, for the jury 10 take into considcrn'
ton the aggrava,ion Of the eviction, in award
ing damages.
The jury retired at a o'clock, r. N. and up 10
the time or the adjournment Of the Courts had
not returned. Samuel n. Harrington, Esq for
plaintiff. George Gray, Esq. for defendant.
Delaware CITY Iss~s.
Sitting within the old Sanctun,, where one
year ago We wrote our Inst " iocsf' 10 tho Trans
cript; memory is busy In recalling past history
and the many changes that have taken place
since our pen las, chroniced the history Of tho
week. One year has passcd-political changes
have occurrcd-hopcs buricd-cxpected nntici-
pations realized, and amid tho turmoil Of ex-
ciicmcn, and the ruin Of cities VIC are now again
ready TO recall the past, and in the future and
present give your readers q few jo,iings Of our
town iha, may be interesting.
According to announcement, the boys had
their foot tournament on Saturday last. Sixteen
Knights contested for the several prizes, viz -
Firsi prize, fine Base Ball second, a handsome
Knife, and third Ring to the unsuccessful
knight. Rings, 3 In number; II inches in
diameter. distance s5 yards time seconds
The hrs, prize was taken by James Mulligan,
knight Of Damascus; second prize by Spencer
Richardson, Knight Of Ligh,foot; third prize,
the Ring, by Addison Hunter, knigh, Of Put
nam, he having con,cndcd well for H. taking
two rings only. The names OF some Of the
knights were quite original; these are some OF
,bcm, knight OF Brick,op, Ca,-,ails, Black Salve
and Five and Forty.
The Delaware and Pennsylvania Il. Il. have
contracted with Thomas 4 Son of this city, TO
build u water house eighty feet In circumference,
the tank 10 hold eight ihr,sand gallons OF water.
The water 10 be pumped up by three horse
power engine. The house Is to be built near the
Depot in this city, and the work to lie coninen-
cod as soon as the material can be gotten.
Mr.. Joseph Bruner Of this city lcft here last
week for New York, whence he will sail with the
coast survey for South America. We learn he
will be gone for two years.
On Tuesday last there was quite n number Of
hocks OF wild geese flying over tbs city. Their
course was southwark. We are told that this Is
n good sign of cold weather, aud II this bc true
We may expect IL soon.
A NOVEL SiGiir.--On Tuesday last, several
earringes passed through our city, With oxen at
iached TO them.
The horses afflicted with the rplzooiy arc get
ting better.
Mr.. John Patterson and family len here on
Tuesday last, for Pckin, Illinois. We learn
lhn, Mr. r. Intends to 20 ia,a the manufacturing
Of spakfs.
A LiyELy Fas,aar. One day last ~esk a
captain passed through the canal with about 20
mocking-bird. on his boat, he WAS on his way
to Philadelphia, where he hoped TO find ready
sale for ihem.
Signor Bli'z, the famous has been delight
Ing our citizens the pas, few days with his won
dcrfnl performances. From the crowded houses
aud the seeming nrprcciatye audiences, his sue
cess here has been complete. We lenrn that ho
will shortly risi, your town, and VIC bcspeak for
him csrdal reception.
Guilty sf lneompetc nee and Neglect.
The Coroner's jury summoned to investigate
he causes which led io the late fpariul nccidcn,
| on the " x u rnllrqad, after a most careful
| aud thorough axaininaiion OF witnesses, securing
the best evidence within their reach have rrnd-
| cred verdict that the accident and consequent
death and injury OF passengers, WAS owing 10 the
| culpable neglect and incompeicncy OF Alexander
Rue, the conductor Of the train that was run In
to, IN not having given the proper notice TO Inc
approaching train, aud q warraut was issued for
his arrest. The Railroad Company Is entirely
free from all blame; their rules and rcguA i. .,as
are amply sufficient, II obeyed, to prevent every
kind Of accident Of this character, aud that their
employee failed to act in accordance with those
rules was hi' fault, no, the Company's.
| The Weather.
On Sunday and Monday Of this week tho
weather was exceedingly pleasant. The mir wa,
mild, and the sun shone out bright and warm
This WAS ra,hsr contrary TO the predictions o.
"Old Probabilities" Ills Rocky Mountain
Wars !" that wns TO bring winter so early upon
ns didn't come, but instead OF II old Mr. Lo sem
US a few samples ofhis summer weather. Probs
missed II again on Tuesday. His probabilities
Of :. clear and clearing wan,hsr in the ai.ernoor
In the Middle States " were not quite correct,
| judging from the steady rain that fell all tina
day 10 this part OF the country.
The first snow Of tho season in this section fcl
on Thursday night, ard on Friday morning thu
ground was well covered with mantle Of white
Thanksgtvans nay.
Thanksgiving day was pretty generally observ.
| ed in Middlctown. The stores and shops vert
all closed, and business suspended. Divine Ser.
vice was celebrated At the Episcopal aud Prcsby.
terian churches. At the latter Rev. IN. Patton
delivered an excellent sermon from tho words
+" Righ,eousness exaitcih q nation" asserting
that Il religious principles and good morals arr
esseasial to the prosperity ofa nation" lie re-
ferssd 20 the present deplorabls coalition o
1 a..