Daily Republican., 1879-12-18
OUR COUNTY COURT.
The Session Yesterdsy-A Verdict
I'm the Case OF Wilson vs.. ktaats-
Other Issues.

In the Case OF Wilson vs.. Htaats-
other Issues.
Specially Reported for the Republican.
NEWCASTLE, Dec. 18th, '79.
The case OF John A. Wilson against
John +. Stats was taken up before the
Superior Court this morning, and John
+. Crosby called to the witness stand.
His evidence related to the engine it.
self, he having examined it, and was to
the effect that the instrument was only
four-horse power, not more than six
even when crowded TO its utmost with
steam. Charles A. Brant testified to same
effect. John A. Wilson identified GER
tain checks, which were offered in
evidence. Here the defendant rested
his case.
The plaintiff then called Edmund
Smith to prove that the engine had not
been properly handled by Stats. He
ran for half day in Stats place and
she threshed the wheat faster than il
could be fed to her; at that time Staats
said he was satisfied with the way she
ran. Stats afterwards told witness
that he thought these Clute engines
would take the place of all larger ones
for threshing purposes.
Robert Derrickson, Henry Cooper
and John 2. Collins testified that this
same engine had been used on their
farms in threshing, and had given sat
isfaction, threshing 500 bushels Of
wheat a day without trouble.
Joseph Hyde gave evidence to the ef'
feet that he had examined the engine
at the P, W. & B. freight depot, and
found upon her evidences of careless
ness and neglect; the hues were stop
ped up with SCOT, dirt and ashes, and
the smoke stack was also obstructed
with dirt, thus injuring the draft, sc
that it would be difficult to raise steam
under these circumstances there could
not be sufficient steam raised to exerl
the power of the engine; witness said
that from its build he took it for an
eight horse power engine.
Samuel S. Adams said the boiler ap-
peared not to have been cleaned nor
proper care thereof taken; ths boiler
was a good one, and had firstrate work.
msnship upon it.
Two immaterial witnesses wereexam-
iued, after which the case closed on
both sides, and court took recess un-
til 8 o'clock.
AFTERNOON SESSION.
Upon reassembling at 3 o'clock, the
Court granted continuances in the cases
Of Andrew Hance vs.. Benz jamin F. Wells
and Archibald Wilson vs. Bellevue
Quarry Co.
Mr.. Lore then addressed the Jury in
the case of Wilson VS.. Staats. Mr..
Oummins followed, after which Mr..
Lore closed. Chief Justice Comegy's
charged the Jury, in substance, as fol-
lows:
After stating the cause Of action, the
court said that the plaintiff claimed at
the hands of the jury a verdict for the
price OF the engine and balance of 30
cents. The defsncs set up consists Of
two matters. One is that the defendant
never bought the engine at all, but
that it was delivered to him to be used
until he could ascertain whether it
would suit him or not. Another is that
although the sale might have been
made in fact, yet this engine did not
answer the description given OF it at
the time of sale, and that therefore the
action was not binding. But,
after all the case comes down to
the plain question whether the
defendant returned the engine within
reasonable time after receiving it on
trial. Or, if man buys an article
which he finds not to be as represented, ,
he has no right to keep it as long as he
wants its use and then return it, but
must return 1t within a reasonable
time. What a reasonable time is, is a
question for the jury. If tho defend
ant returned the engine within such a
reasonable time he is entitled to the
verdict if he did not the plaintiff is
entitled to it, but in either event the
jury can bring in verdict in favor OF
the plaintiff for the balances of 30 cents
due.
The jury then, at 5.25 retired, but
Mr.. Cummins Immediately reques ted
that it be further charged upon the
point brought out in evidence, that the
engine had been given to defendant for
trial, it being stipulated at the time
that he could use it until the following
June, before which time it had been re-
turned. The court acceded to this re-
quest and the jury was recalled at
5.55, when the court further instructed
it on that point, saying: "If you be-
lievs tha: he had that time and return
ed the engine before June came
around, the defendant would not
be liable in that aspect OF the case
The jury then again retired, and
soon after brought in verdict for de-
fendant.
The Case of Douglass M. Mccoy VS..
the P. W. l. B. r. K. Co., was next
called and the jury sworn, after which
it was dismissed until tomorrow morn
ing.
The case Of William Ct. Clendenen
Va. Elizabeth P. Hicks was discontinued;
Nields for plaintiff, Bird for defendant.
A jury was empanelled in the case of
H. A. Sage & Co. VS.. William Lambson's
Bates & Harrington for
plaintiff, Rodney for defendant. Judg-
ment for plaintiff $22,977.
Frightful Death From Geld.
Two men of Crawford County, Iowa,
while riding home behind team, were