The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1874-02-26
Able Speeches of Counsel.
Powerful Argument Of Hon.
R. A. Harrison Against the
AP IBiuncti0n.


Ie. A. Harrison Against the
nP IniunctiOn.
The Injunction Dissolved!
The Defendants Appeal TO the
District Court.
Our account of the great Injunc-
ton case, in last weeks paper, closed
with the first days proceedings, and
was necessarily brief, owing to the
want of time to prepare fuller re-
port.
The great interest which the ma
jority of our readers feel in the case;
and ats importance, both in itself and
In its bearing on the Woman's Tenn
perance Movement in other places,
induce us to devote large space
this week to as full a report of the
arguments on both sides as we have
been able to obtain. $50
Other duties necessarily prevent
edus from hearing all the arguments
of counsel, and we therefore copy
largely from the very accurate and
ableIreport of our friend. Capt. B. F.
Hathaway, of Lynchburg, who was
in attendance during the trial as a
special correspondent of the Cincin-
natl Times and New York Times.
The closing argument of Hon. r.
A Harrison, of London, Ohio, on be
half of the ladies, and in favor of dis
solving the injunction against them,
we had the pleasure of hearing
throughout, and only regret that we
are unable to give our readers a GER
6atina report of it. We have at
tempted however, to present such an
outline as will convey some idea of
its profound legal learning, its cogent
and powerful reasoning, and its COM
plete humiliation of the grounds on
which the injunction was granted.
For our report we are indebted to
DIR. H. S. Fullerton, the able CORES
pondent of the Cincinnati Gazette.
Correspondence of the Gin. Daily Times.
HILLsBoRo, O., February1S.
This, one of the causes cele6re OF
this county, was called yesterday.
The forenoon was consumed by in
consequential skirmishing. The final
order of the Court was that questions
of law be argued first Under thisrule
counsel for defense moved for dis
solution of the injunction heretofore
granted.
NJ. J. Williams, ofFayette County,
began the argument. He argued,
first, that there was misjoinder of
parties, because no injuries were al
: legged in the petition to the estate
of said David johnson. That it does
not diminish the value of property in
fee, and there was no unity of inter
est or injury whatever with the plain
tiff Dunn. That said singing and
praying did not appreciate or depre
ciate the value of real estate.
AS to Dunn there are four alleged
grounds for the granting of an in
junction: 1. Repeated trespass. 2.
Nuisance, because of the obstruction
of the public highway. 8. Nuisance,
because of noise injurious to his per-
sonal repose and quiet. f. The oc-
cupying of a certain plank and can
vas structure or shanty, and the sing
ing and praying therein, to the de-
struction of his bodily peace and COM
fort.
Under the first head Dunn claims
to have been doing profitable bust
ness; that certain of these defend
ants have conspired and combined to
break up his lawful business of a
retail druggist, and that against his
wishes and protests they have held
what they called temperance pray
er-meetings, in and in front of
his store, thus preventing the en-
trance of customers. He held that
they had no grounds for injunction,
because it was a trespass, for which
they had adequate remedy at law.
Sundry cases were cited in support
of this argument.
The ground for the issuance of an
injunction must not be the fanciful
or fastidious tastes of Mr.. Dunn.
Never before has such an extraor-
binary injunction been granted, and
though they have been granted for
many things, it was left for Mr..
Dunn to find out that singing and
praying were nuisance that ought
to be enjoined. The only incident,
in fact or fiction, counsel could recall
GDrOpos to this was @ character in
Dickens HTale of Two Cities" to-
wit: one Jerry Cruncher. Jerry was a
resrrrectionist, or body-snatcher, by |
trade, and often when he came home
from an unsuccessful '.raid' his wife
INDUCED in praying, or "foppin, as
he called it. This to Jerry was an
intolerable nuisance. Different per
sons are differently affected by this
kind of '.foppin." While to Jerry
afoppin" might be an intolerable
nuisance that ought to be abated, to
my learned friend Stafford it might
be the quintessence of happiness.