Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1880-09-17

| yesterday JACOB MetZleF OrOukut sui IL
the Justice Court to recover the value of .
pumpkin which he alleged he had been de
franded of by Henry Sweeney.
THE PLAINTIFFS ALLEGATION.
The plaintiff set forth in his complaint
that on the 10th of June last he planted
some pumpkin seeds on his property in this
city, which he watered and cared for until
they came up in the form of vines and spread
all over the ground. One of the vines find
ing crack in the fence got through into
Henry Sweeney's ground. In due time it
blossomed, and few weeks later it produced
a pumpkin. When he first discovered the
fruit, however, it had become ripened and
yellow fruit about the size of peck measure.
| One day he was climbing over the fence to
| pick it when Sweeney ordered him off hi
property, alleging tresspass. He expostu-
lated with Sweeney over the matter, but the
man was unreasonable and obdurate, and
would neither pick the pumpkin nor allow him
to do it. Finally Sweeney picked the pump
| kin himself and converted it into pies. He
| wanted damages to the extent of one dollar
and costs.
THE OTHER sIrE.
The defendant in his answer alleged that
| the pumpkin grew on his ground and the vine
had come over there for the purpose OF getting
IN some sunlight, without which it never
would have reached maturity. 1t was mixed
up with his vines. There had never been any
legal demand OIL him for the pumpkin in IS
sue, and the plaintiff had always been at lib
erty to pull the vine through the crack Of the
fence and get his property, if it was his The
vines we're so twisted together that the pump
kin was as much his anvbodys
METzLER ON THE STAND.
Metzler took the stand and testified as fol-
lows
II raise pumpkins for the market. l
planted the seed, watered the ground and
the pumpkin grew on my vine. When l
called Mr.. Sweeney's attention to the fact |
that he had my pumpkin in bis yard, he go:
mad and yelled at me, why in - do you
put your - pumpkins in my yard ? got
over the fence to get it and he shook hoe at
me and said he would brain me if didn't get
back. "
Attorney-Could you not have pulled the
vine through the crack in the fence2
Witness-That would have skinned the
pumpkin off, as any fool could see.
The Court-Whose fence was it :
Witness-It was joint property; each paid
for half. That is, paid for my half and the
carpenter is whisting for the other.
Here Mr.. Sweeney gave the lie and rushed
coward the witness with his fist clenched.
The constable grabbed him and made him sit
Town. The witness was then excused.
swEENRy's STATEMENT.
II first saw the Internal pumpkin in my
,ard about a month ago. 1t was mixed up
With my vines The vine crawled through |
he fence to get some sun. There is no sun
n Metzler's yard and pumpkin can't grow
here any bigger than a cocoa nut. My yard .
3 the place for pumpkin heads. There was
general laugh at this which the Cou!t
rowned down and then the witness was tenn
orarily demoralized. One day found him
n my yard getting ready to steal the pumpkin
nd ordered him ont. l didn't know but '
hat he might 60 through my orchard or hen
COST. He was going to tear down the fence
nd get his old pumpkin and | told him if he
e did I'd lift him with hoe. Don't allow any c
Ian in my back yard. If he can pick the b
umpkin without gettin in my lot all right, r
ut he can't come in my lot As for making a
les of his old pumpkin didn't make pie of it,
lever eat pumpkin pies and l wouldn't have
ne in my house. The pumpkin is still on :.
he vine.
THE JURY ON THE GROUND.
Here it was suggested that the jury visit +,
lie ground. They did so, and a crowd from =,
10 court room went up also. The Jurors
awed over the vines and found that vine
slonging to Sweeney had twisted in with the m
[etzler vines in such complete ENHANCEMENT W
'at it was impossible to tell whether the G
'operty in litigation grew on one vine or the 81
her. They got into such dispute that it b
oked at one time as if a fight might be
united on. Some of the language used by @,
r. johnson toward a brother juryman was Ii
al calculated to provoke a breach of the
ace. The jury came back and stood six to
(. The case will be tried again and each II
an VOWS he will take the pumpkin to the ell
,preme Courk of the JJnited Statas If nee.