The daily gazette., 1879-12-03
FIFTH EDITION
OUR COUNTY COURTS,
LAND LITIGATION.

THE slow LENorH OF THE RECT
AENr sUIr-THE DEFENsE eErrIN No
IN HIS BEST BLows-rHE LINE, the
FENCE AND LOCAL ATTRACTION Er-
TEcriNo THE COMPASS.
specially reported for the GAZETTE.
NEW CASTLE, Dec. 3.--Court met st
lo O'Clock this morning with q full beilcb
and the 'jectnent case OF the Delaware
Western Railroad VS., the Harris family
was resumed, with the calling of Charles
e. Sparks to the witness stand. MIR.
Sparks tnew nothing IN ref renee 10
the case aud his KAN nation was brief.
William 7. Griflinburg, Jr, was
next called, bu' Mr.. Spruance objected
TO the admission Of thu witness eyi.
dence on tie ground, That being the son
Of VIM. T. 0rifienburg one Of thu de-
PENDANTS, and h-nce an inerested part,
he Was ~ incompetent witness. An ar
gumeut was entered into and In the end
the Court uve,ruled the objection,
Judges Comesys and Wootten being in
favor OF the somi sion Of the testi,n u ony
and Judge Houston opposed.
Mr.. Grifi nburg testified to the run.
Mig Of the line by Mr.. Farra At tile
instance Of WIN. Bush witness was prp
sent but took no part in the WORK the
line Iun by MIR. Farra extended fro ln
he bla ksmith shop on the Plunkett line
down past the spar shed.
George w. Bush, swoi oin-Soon after
the death of Mrs. Leonard, Mr.. Harms
presented bill 10 me Tor $ls, which
was for putting up half of q fence be-
tween the Two properties; the fence " d,
put up on wi at MIR. liarris said &as the
true line betw. en- Harris and The lot nov
owned by the Railroad Company. (Ths
teuce, thus paid ior by Mr.. Bush, is d,
the line run by MIR. Farrs, and is still
standing on the line, which the plaintiff.
now claim Is . ,nsiderable distance loe
far over OH the'D.-Rtp.) oar. Busl
further testified At he did not object tc
paying the bill, as lie did not think liz
would be warranted ir dol, < so.
| William Bush was called and provct
two letters as being written by him
which were put In evidence by MIR
Cummins. The letters are both 10 Jollr
A. Harrs; the first dated Nov. 10, 1874
Is TO The effect that Nj. Bush thinks thA
MIR. Harris has moved the fence severA
feet o er upon his property, AID in ord.
to decide the mattei Daniel Farra ha
been sci, cted to run line on Nov. ~
and invited Mr.. Harris to be present
The o her letter, dated Nov. II, 1871
informs Mr.. Harris that Mr.. Murph,
(who occupied piece II the land IN di.
pute,) would hereafter pay rent to him
(Harris).
DAn,-i Farra testified to the runnin
Of the line at the instance of Mr.. Bush
the line ran down along the fence by III
dock some time after this witness agai
made a survey vf the lot under an orde
f,om the Court Of Cbancery, aud the lin
dividing the two properties, thus ra
was, 10 the witness best knowledge, III
same as the form one, and ale the lin
on Which the fence now stood witne,
could not testify that this vas the tru
line mentioned in the ancient deed
AS the railroad iron may have at'racte
the compass, and thus made the need
unreliable by local influence.
James Murphy tes' ii, TO the runnii
of the line by Mr.. Farra, TO which
was u spectator, and stated that Messr
William Bush and George w. Bush we
both apparently satIst, d with the su
vey and admitted that the fence was
the line.
Seymour Thomas, assistant city eng
neer of Wilmington, was called, but /
testimony was objected to by plaintiff
cou sci objection sustained.
Abraham Murray, negro, was calle
and Is at this writing testify ing to uniI
portant facts.