The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1878-12-09
THE BREW ERY WAR.
The District Court Reverses Judge
LOngwOrth's Order.

About O'Clock Saturday noon Sheriff Wallace
with a small toy pistol in his pocket Deputy Sher-
itf Joe Moses and posse came into the brewesy
and demanded admittance.
Mr.. Alex Long, after consulting with Briga
and Weber, advised that the property be turned
over to Starbuck & Pfau.
This, after little consultation, was DONE and
after Weber and Brigel left the brewery the prem.
ises were quietly taken possession OF by Messrx
Starbuck and Pfau.
The excitement at the time was great, about ons
thousand persons having congregated around tho
brewery. Nevertheless Starbuck & Pfau went
peaceably into the Office with the Sheriff, and ara
now holding the fort.
The Brigel party. after surrendering, Saturday
afternoon, transferred their case to the PrObats
Court and raised new question under statnts
which went into effect in September last-a statta
which authorizes the Probate Court, upol the ap-
plication of a majority in amount of the creditors
OF any assignor, to appoint an additional trustee
They had notified counsel for Messrs. Pau and
Starbuck that the application would be made, but
claimed that the notification was only given an
act of courtesy, claiming that nobody could ba
heard on the application except the majority ID
the creditors making it.
After some discussion as to the time of hearing
the application it was finally laid over until To-
day.
In the District Court this morning the case Of
Starbuck d Pfau VS.. Brigel was decided. The find
point decided was that the motion of Starbuek a
Pfau to dismiss the appeal should be granted.
1t was next held that the petition in error of
Avery said that where there was charge OF Disc
bedience to an order of Court an opportunity
must be given to the defendant to be heard. As
to both orders made in the common-the order OF
injunction against Brigel restraining him from
holding possession, and the order furnishing him
for contempt would be stayed-upon bond being
given i'll the sum of S., 600
Mr.. Ramsey inquired whether the decision re.
qured StaIbuck & Pfau to give up possession
now.
The Court-We do not so understand it.
Mr.. RamSey-lf it did so require it seems to Us
the bond is not sufficient 1t is claimed on behalf
OF Brigel that he is now to go into possession
again, and il order to avoid turmoil and proceed
ings that are not creditable to the county, we
should like to have the instructions OF the Court
as to the effect OF this order.
Court-The entry will be that so much of thu
order OF the Common Pleas as enioins Brigel from
| holding the possession of the brewery shall be
stayed Whatever may be the position of things
at present shall remain.
Mr.. job. ston said they had sufficient of armed
forces about the brewery, and on behalf OF Star
buck u Pau he would say that they wanted to
surrender everything that the Court orders
Mr.. Long and Mr.. Kramer said they did not pro
pose to demand possession for Brgel until tn en-
try was made, and they would then demand Stlr-
buck q Pau to surrender.
Later in the day Mr.. Ramsey on behalf of Star
buck y Pau, made application in the PrObato
Court for the appointment of master to taks
by them from the time of their appointment an
assgnees.
When the decision was given rumor reached
the Courthouse that there was some fighting
going Oh ut the brewery, and that posse of police
had been detached to the place,