The daily gazette., 1877-12-04

The facts of the case are these: The
defendant, Victor Dehare leased a farm
of l85 acres for 6 years to the plaintiff
under the agreement that it was to be
cleared and cultivated, and said clearing
was to pay for the rent. 1t is alleged by
the plaintiff that Mr.. Dehare made false
statements in regard to the property, say
ing That there was part of it cleared land,
and that it was well fenced, and that a
large six roomed dwelling house was
erected upon it. Under these statements
it appears that Mr.. Grier was induced to
go, leaving lucrative position at Du-
Points powder works.
On reaching Wisconsin he found that
he had been imposed upon. What had
been represented to him as being his
farm he found it to be next to a wilder
ness-wlld and rocky, overgrown with
thickets and not tfences-and above all,
upon looking for the six roomed man
sion, they in lieu thereof few timbers
that were evidently the remains of an
old log cabin.
Mr.. Grier and Mr.. Logue, with the
children-he had lost his wife few days
previous in Milwaukee, through death
as soon as possible started for Whining
ton.
This suit is an action to recover dam
ages for loss sustained.
Levi Bird is counsel for the plaintiff,
| and Messrs Whiteley and Pepper coun-
| sells for the defendant.
The hearing of the case commenced,
| with VIM. Logue as the first witness,
who testified at considerable length he
| went to Wisconsin in company with the
| plaintiff, and was cognizant of the facts
| as set forth in his complaint. His evil
dence not being concluded at the noon
recess, Court adjourned until three
o'clock.
AFTERNOON SESSION.
| Court reassembled at three clock,
and Wm.Logue was recalled and testified:
| Had conversation with Dehare this
morning, but nothing was said to me
| about what to say.
| Wilmer Palmer sworn-Was q freight
agent on the w. & W. railroad; this Is the
receipt signed for the goods, examining
| the paper.)
Frank Strickland sworn-I saw the lease
and saw 1t signed by the parties; this Tex
aminlug the lease,) is my signature.
| John Gibbinson Sworn-Testilted as to
| Grier being In the employ of DuPonts.
The counsel of plainJiH here rested the
| case.
Mr.. Whlteley, counsel for the defence,
applied for non suit, and brought forth
| numerous authorities to strengthen ms
plea. The foundation upon which the mo-
ton was based was that the defendant was
entirely ignorant of the state of the land as
| described.
The court could see no reason TO grant
the request and it was refused
| Mr.. Pepper, upon opening for the de-
| fence, said he would endeaVOr to prove
that there were no such inducements as
are said to have been held up; that he, the
defendant, never saw the land ana was
never there.
Con Dugan sworn-Work at the cooper
shops at DuPonts; have been on the land OF
Mr.. Dehan; never knew of him being
there. The property was heired TO MIN
from his father. was there in 1861. l
knew Grier had been TO Dehan In regard
to the property; ne (Grier,) came to me
and said that Dehan sent him, saying that
knew more about the land than he did;
told him there was house and stable on
il; didn't tell him what kind.
Cross.examined-Wen ent out TO see my un-
Gle: used to ride around to see what the
country looked like; knew Dehan and his
uncle correspondent; had heard Dehan say
that his uncle overlooked the lana ana
paid the taxes; the house was log house,
one story high and two rooms; no person
lived in it; it was not fit 10 live lnj there
were mountains on the edge OF the lana
and stream running through IL called
Bear creek.
John Dehan sworn-Am a son of the de-
fendant; live with my father at Front and
Van Buren streets in Wilminatoni know
Mr.. Grier; think this "a letter written III
the French language from the uncle OF De-
han to his neighborD is the letter heard
NV father read to MIR. Grier it was read
to him (Mr. Grier, IN Engilsh; there ls i, nc nc
special mark, but | know 1t by It's heading
and by its being written in red INK :,
Upon Mr.. Whiteley proposing to have II
/, Interpreted, Mr.. Bird objected.
MIR. Bird-com to give the rea-
son of his obiections-"I don't know whai
Judge Wootten-"Well, why don't you
read it then ?" Laughter. -.
IL was finally decided that the lettel
, should be read in order that it might be
identified by the boy.
Mr.. +. X. Jaquet coming forward was
interrogated by the court: oy
n Judge" Where were you born Z"
MIR, J.-''In France.
Judge-'' In what direction|
2 MR.. J.-"In the direction of The Rhine
Judge" When did you come, or how
, long have you been in this country
Mr.. J.-"Twenty years next April"
Judge-"Have you kept yourself inform
ed upon the language of your country
D Mr.. ii have" ,..... ,
Judge-"Swear him as an interpreter"
l nei"e '"0-A ~ January 1, 1876.
;. "Dear nephew and niece:"-
1 Mr.. Bird-"I object"
= The objection belnS oVerruieu iie ooe"'
: again: 49,, ,,so for Won 4,
a make q bargain with stranger Com
and see the place; perhaps ip,s II you nror nuIn
| osition for next summer. Will give yoi
S25 more than the stranger gives ana M WoII
=, on the place, grubbing anu MAKING FENCES ~
d Your father told me that could pay an
II sell To nav the taxes up to this month. !
YOU sell ii to q stranger ,.,,,o
Here the interpreter stopped, unable I
nroceed owing to his inability to conque
>, p donbtful specimen of orthography. IN
10 naner was handed to the court. IL was pc
10 rrnsed and Judge Wootten thought IL ne re
n sembled emery A ndIew," +" Laughter. IN
suogestion was pronounced good, put as
was Thought hardly applicable the lette
was handed down among the members ~
!. the Rar. who conned it over ana an pro
,r nounced it, in their judgment, fegula
- enioma-a fine specimen OF modern hieIe iI'
plyphics The court not seeing any my my
Of relief from the legal lights pronounce ,,e
il a 0Iasting reproach to New Castle CO. Gout
~ that there are none who are aoie
S30lve fhe problem all the learning al
eniiohtenment of Delaware is sara 70
centered in this part of the state. A hal n
DR. nv Thought, however, struck one OF u =,
P5emherS, and Mr.. GRAY immedlaGely sel
10 his office after French dictionary, Dl
Chile he was gone the court decided 10 az
ionrn upon the counsel for deIence say ~ ~
u he would have a correct transiatlon III u
Adiourned at $50 to meet at 10 o'cloc
1e tomorrow morning
81 Pan Ra,sed.-The pay Of Alex. II. M
"y t+o.. carrier of this city, has oee