The daily gazette., 1879-12-18
FIRST EDITION.
OUR COUNTY COURTS.
NEARING THE END OF THE
SESSION. : Z IS
THE sTAATs-wILsoN CASE GOES TO THE
JURY AND THE COURT RECHARoEs
THEM-McoY's DAMAGE CASE COM
AENCFn

iHEh-M GUY DAMAGE CASE CON-
MENcED.
Specially reported for the Gazette.
NEW CASTLE, Dec. 1.-THE exami-
nation of Joseph Hyde, in the suit of
John A. Wilson vs.. John f. Stats, was
continued for a short time, to-day, after
the report in the DAILY GAZETTE con-
cluded. Mr.. Lore asked tie witness IL
he thought the engine was IN eight
horse power enginep This was objected
to by Mr.. Cummins. The ground for
the objection, he said, that Mr.. Lore had
proved by Mr.. Wilson's books of the
original entry that IT was an eight-horse
power engine, and having proved it
once and rested bis case, he must coniine
his question in rebutting examination
to points brought out by the defendant
Mr.. Lore contended that IL the Court
ruled this testimony out 1t would be an
unheard of decision aud would greatly
interfere with the trial OF cases in which
books of original entry are put In as ev-
idence. 81 will cite an example," said
he. 81 bring into this Court books of
original entry, and having proved the
sale OF many little items, rest the case:
bus ohPPOoC thC IOul-Ct III tiC OLIlcI
side, Ia his defense, brings evidence to
show that certain one Of the items was
not what is said to be in the books, then
am to be refused the privilege of call
ing witnesses to show that the article Is
not what the defendants witness says il
is?' Mr.. Lore went on at great length
in arguing the objection, and said that If
the Court refused to allow him to make
the examination he was about entering
upon, all attorneys in this Court would
have TO call witnesses on every item in
cases IN which books If original entries
are put in evidence, In order to prepare
for whatever att ack the defense may see
tit to make, as they conld not anticipate
the character of the defense.
The Court finally allowed Mr.. Lore to
question the witness in reference to the
power of the engine, but the interrOga-
tories should be modified and apply to
the description given by John +. Cros-
ley and Charles A. Brant that II was a
81 or 0 horse power engine.
BY ingenious questioning MIR. Lore
proved that to the understanding of the
witness 1t was an eighthorse power o.
gine. He first questioned him about the
extent of the 1ue and furnace surface
in the engine, and was answered that II
,ad from 81 to 80 square feet. Subse-
quent questions showed that in Clute
Bros. englns eleven feet constituted al
horse power" and the jury were left al
liberty to infer that at that rate the
amount of hue and furnace surface was
sufficient TO constitute an S-horse power
engine exactly.
Samuel s. Adams testified that the
boiler of the engine appeared not to
have been cleansed,' and seemed a
though the last one who had it had not
cared for it properly.
Two other unimportant witnesses were
examined by Mr.. Lore, and Mr. Cum
mius then called David Stats to show
that the engine had been cared for prop
.rly, but Mr.. Lore objected, and the
|. Court wou d not allow him to be exam
med, and the taking Of testimony here
closed.
AFTERNOON SESSION.
Court reassembled at 3 O'Clock.
The case of Andrew Hance, Assignee
&c. vs. Benjamin r. Wells and wife wa.
continued.
The case of Archibald Wilson VS.. The
Bellevue Quarry Company was also
continued.
MIR. Lore then addressed the jury in the
case of Wilson against Stats. He was
followed by Mr.. Cummins, and aftel
that MI. Lore closed.
The court in charging the jury said
,fter stating the case, that the defense
cons sted of two grounds: one that tn
engine was never purchased, but taken
on trial j.; the other, that although in fact
a sale might have been made, the en-
gine did not answer the description, and
therefore that the sale was not binding.
There had been much proof in the case,
but after all, as the court viewed the
case, 1t came down to the question,
whether the defendant delivered the en-
gine within reasonable time. For il
It was delivered to the defendant for
trial or sale, it devolved upon him to
return it after reasonable trial and with
in reasonable time.
If a man buys an article which Is
warranted, and the engine In this case
may be considered so, the purchaser has
no right to use the engine as long as he
chooses and then throw it up on the
hands of the seller. Now you must de-
termine what reasonable time is, and,
in doing so, you must put yourselves in
the places of the two parties in the
cause, and decide upon the proof offered.
There has been much and varied testi-
mony in the trial in regard to the power
Of the engine. The power Of the en-
zine could not be judged as soon by
one who has not had experience among
| engines, as by one who has had that ex'
perience, and you must decide as tt
whether the defendant took more time
| i'm this case than was really necessary
| for him to judge in. 1t appears from
the testimony of one of the plaintiffs
witnesses, Joseyh Hyde, that the amount
of fiue and furnace surface was only
| sufficient tn constitute 6-horse power
engine. Notwithstanding this, 1t was
| he duty of the defendant to return the
engine as soon as he found that 1t was
not what it was represented to be, and
now the question arises, did he return il
in reasonable time? If you are satisfied
that he did, then you are to find youl
verdict for him; if not, then 1t should
be for the plaintiff.
The iury took the case at 5.25 o'clock
and soon after they retired Mr.. Cum
minis raised exception to the charge OF
the court, and said 1t had not charged
The Jury upon certain point as he hao
required. The jury was brought bach
into the court ro om and the court salC
that he counsel held that certain wit
meas had SAID that DIR. Stats was tt
have the engine on trial until the fol
lowing June, though be could not re