Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1873-11-28

The Circuit Court

ing present-was tried the case of the State
VS.. VIM. Brooks, colored, for an assault on
Mary r. Sheirburn, white. Tried before
the Court-guilty; to be confined in coun-
ty Jail for six weeks, pay fine of SO and
costs, and stand committed until payment
Digges for State; Edelen for defence.
On Saturday was tried the civil case of
the Adm'rs of Ann Sinclair VS.. Adm'rs of
Hayden-Replevin. In this case it was
alleged that Mrs. Sinclair, during her life
time had given to Charles Hayden certain
property to use during her life and to be-
come his after her death. The Court ruled
that if the jury found the gift as alleged,
they must find for plaintiff, because to sus-
tain such gift would be allowing parties
to make verbal wills, which was contrary
to the whole policy of the law. Verdict
for plaintiff. J. W. Mitchell and Gardi-
ner for plaintiff; Matthews for defendant.
Monday was most inclement day, and
but few persons were in attendance.
''It rained and the wind was never weary"
Mr.. Widdicome, the newly elected Clerk
of Prince Georges county, fled petition
praying for a mandamus to compel Mr..
Hy. Brooke, the late Clerk, who is contest
ing the election, to give up possession OF
the Office. The Court fixed Friday, the
18th of December, for the hearing of the
application at Marlboro. Stone & Digges
for petitioner. We will state by way OF
episode, for the information of the curious,
that the Constitution of 1867 provides that
contested elections of this kind shall be
settled by the Legislature, and if the party
holding the Governors commission is de-
feated then new election shall be order
ed in thirty days.
On Tuesday the case of Thos. I. Gardi-
ner VS.. Jere T. Mudd was taken up. 1t
seems that one Ben Wade rented the farm
of Mr.. Mudd in 1872, for the sum of $3.50;
that on the 3Oth day of December of that
year, and just two days before the rent be-
came due, he executed bill of sale for the
tobacco made on the farm to Mr.. Gardiner.
The tobacco remained in the barn until
sometime in April, when Ben moved a
portion of it off the place. Mr.. Mudd i'm
mediately destrained the tobacco on the
place and also that which had been re-
moved, and Mr.. Gardiner replevied and
insisted upon it at the trial that the to-
bacco was his-he being bona tide pur-
chaser without notice, but if not entitled
to the whole tobacco he was certainly en-
titled to that portion which had been re-
moved off of the farm of Mudd, inasmuch
as the Code only allowed a following dis
traint within sixty days after the rent be-
came due But the Court decided that
the law relating to bona tide purchasers
without notice did not apply in this case;
that the property of a tenant remained Ii
able for the rent as long as it remained on
the premises for the purpose of being pro-
perly secured; and that with regard to the
removed tobacco the statute of 9Th Anne,
landlord was entitled to pursue removed
property within five days after the remov-
al. Verdict for defendant. Hawkins and
Gardiner for plaintiff; Brent and J. W.
Mitchell for defendant.
On Wednesday was tried the case OF
State VS.. Bernard Key and Humphrey
Miller, colored-indicted for stealing from
the warehouse at La Plata Station one
dozen bottles of ale, the property of Norris
& HUNT. The cases were tried separately
and that of Key attracted quite crowd OF
sympathising friends, as he is ga young
blood" of aristocratic associations II
seems that Mr.. Key and Mr.. Miller in COM
pany with two gay and festive lasses, with
the romantic names of Florence and Eve
line, returning from camp-meeting stop
ped at the station for the purpose of TAX
ing the evening train down the road. But
inasmuch as the train did not stop they
had possession of the station all to them
selves. Two young gentlemen, coming out
of the store of Mr.. Farrall, hearing voices
at the station, went down there quietly and
hid themselves under the warehouse, which
is elevated above ground some distance
whilst thus listening intently--
They heard a sound, they thought twas rain,
| They paused and heard that sound again,
| When 10 their ears. not apt at missing,
Found out it was old ale Kissing,
And not the niggers kissing.
The ingenious counsel for defense en-
deavored to prove to the Court that it was
not "the corkisal accidents" which father
Tom SO clearly illustrated to the Pope
when the latter caught him kissing hil
housekeeper, which these two adventur
Gus young men heard whilst under thu
house, but more natural sound, notwith
standing the two ladies swore they were
doing nothing all the time, being therein
assisted by the gentlemen. Somebody hal
said when woman doubts OF hesitates
she is lost, but in this instance his Honor
doubted, and Bernard was saved, and dis
charged to the intense qualification of hi
admiring friends. We think he will de
better in the future, as he has evenly bal
aneed his head by parting his hair in the
middle.
Mr.. Millar was not so fortunate, as one
of the witnesses saw him hide bottle Of
tale under the staDa Counael COMMANDED