The daily gazette., 1880-09-10
"ca ptaIn Jinks" In Court.
THE NOVEL CASE OF THE HORSE
THAT IIVEs IN SKY-PARIop

THE NOVEL CASE OF THE HORSE
THAT LIVES IN A sKY-PARLoR.
The suit of Robert Taggart,
against, George X. Otis, which in
wolves the ownership of valuable
roadster, known as "Captain Jinks,"
came up for hearing yesterday, in
the Third District Court, New
York, before Civil Justice Parker.
Mr.. l.. B. Halsey appeared for Tag
gart and Mr.. John S. Bay represent
ed Mr.. OLis. AS it was expected
that the amusing experiences of City
Marshal Salmon, in trying to seize
the horse in the sixth story of a
building whose eleyator-the only
means Of getting him down to the
levol Of the streetAwas denied to
him, would form a part Of the Court
proceedings, the Court room was
fillen.
The case is a peculiar one. Mr..
Otis bought Captain Jinks two years
ago for 5000, and has since used him
for light work. He kept him in his
stable in Wooster street, his stall
being in the sixth story. This
stable, unlike any other in this
country, or any other 80 far as
known, has no runaways from story
to story for the ITO horses it shelters,
the animals being lowerer or raised
by means of a huge elevator. About
a month ago Mr.. Taggart laid claim
to Captain Jinks as a horse that had
been stolen from him, and obtained
writ Of replevin from Judge Par
ker. This writswas served by CITY
Marshal Salmon, who was forced to
desert his seizure, however, because
of Mr.. OTIS refusal to allow him to
use his elevator. 1t was held BY
Mr.. Otis counsel that, while he was
bound by law to offer no resistance
to the execution Of the writ, there
was nothing in the statutes which
would compel him to furnish the
means for removing his owned seized
property. Thus the horse remain ed
in his lofty eyrie, the Marshall see.
ing no means OF serving the writ
efectually, and it was not until re-
Gently that Mr.. Otis, having given
bonds as required by law, was allow
ed to use the horse pending the
court proceedings.
At the hearing of the case yester-
day Mr.. Ray asked for a long ad-
journment in order to ex mine Ed
win Lably, Of Boston. the person
from whom the horse was purchased
by Mr.. Otis. There being no oppo-
sition his motion was granted, and
Mr.. Baron G. Moulton was appoint
ed as commissioner to take the
testimony. Judge Parker adjourned
the further hearing until the 28th
inst. No bond was demanded from
or filed by the defendant, who asked
the adjournment, and it is now
question, in consequence of such
omission, whether the case is not en-
tirely out of court. When a cause
is brought in a district court, and
either party asks for an adjournment
of over eight days, the law pre-
scribes that a bond conditioned for
the payment of the amount of the
claim shall be given by the party OBJ
tanning the adjournment. Thus the
Court, it is held, has lost jurisdiction
in the cause. 1t may be, also, that
the proceedings in replevin may
have to be begun again, in which
event there may be another abortive
seizure of the quiet tenant of Mr..
OTIS six-story stable. Marshal
Salmon has been advised, should he
have the service of the new writ, to
procure a subpoena duces tecum,
which will perhaps have the effect
of compelling Mr.. Otis to produce
the horse in the courtroom. No
city courthouse, so far as known,
has an elevator for horses. Should
he be produced it would be neces-
sary to mark him as an exhibit and
put him on file.