The Baltimore County union., 1881-12-24
or Intsres. to Landlords ana Tenants


The Circuit Court was engaged for some days In
thetFiai Of the Of shumackcr vs.CTaig. Thedc-
iendant was the owner of W Oodiawn, a we'll. known
summer boarding house on Woodbourne avenue,
near the York road, having rented Il to . Mrs.
uorgas for one year. and prior 10 the expiration
Of the time a second lease was made TO Mrs. Cor.
gas and her husband. There was $3.50 Of rent In
Nrears under the first lease, and payments under
the second were appropriated by the defendant to
the arrears under the first, as contendcd by the
plaintiff; but the defendant insisted that an
agreement was made between them that payment
under the second lease should apply only TO the
debt due under the second lease. A distraint was
isued for the rent due under the first lease after
the expiration Of the second term under the second
lease, and this suit was brought by the plaintiff
against shumacker, whD lived In the house, for
3, 900 for damages In the seizure Of other goods
under the distraint. Two other suits were also
brought by Mr.. and Mrs. Gorgas forirregular dis
tfcss 10 recover $4,000. The questions were very
fully argued by the respective counsel. and tho
court granted the plaintiffs prayers. II decides
In effect that there could be no lawful distraint
after the lapse Of the first term, " there de-
wise 10 different tenants Of another term for rent
In under the FIRST term, and that the verdict
should be for double the value Of the goods claim
ed under the unlawful distress. The counsel for
the defendant submitted six prayers. eontending
that under the statute distress could be made law.
fully within the ELK months, and that though the
FIRST lease was 10 a married woman and invalid,
yet the assent Of the husband made u valid, and
tha, this joint occupancy with Mrs. Gorgas con-
stitu'ed him tenant under the FIRST lease, and
that this being united In the second did not alter
the Priviiy Of the estate, and that therefore the
distress was lawful. The court oyerruled all the
defendants prayers, and exceptions were taken TO
the rejection aud 10 the granting Of the plaintiffs
prayers. The jury. after hearing argument Of
counsel, returned sealed verdict In favor Of the
plaintiff for $50. The defendant then waived his
appeal 10 the Court Of Appeals. and plaintiffs
Ansei hied . motion for = new trial upon the
ground that the verde, was against the evidence
aud the Instructions Of the court In the other
cases suggestions were hed for their removal and
the court sent them 20 the Superior Court Of Bal
timore city. Messrs. Y. J. Brown aud W. W.
Robin,on for plaintiff Messrs John II. Keene
and W. ,. Wharton for the defendant.
Found Dead by tho Road Side.
About six o'clock on Sunday morning last the
dead body Of Henry IIeimbecker. . Getman shoe
maker. was found on the Maiiens Choice road. at
it, intersection with Wiikens avenue Ist district
The man Who made the discovery reported the
fact at the Frederick road station house aud jus
tice Goudy summoned jury and procec led 10 the
spet 60 hold an inquest. The body was In a si,.
ting posture and ast there marks of violence
upon IL the jury rendered a verdict Of death from
natural causes. At this juntture there was re-
ported 10 the Justice the finding Of a board 10 the
deecased's house with writing in German upon u,
and stick with knot OF Grape attached The
body was removed 10 the station house and the
Justice declared the previous verde, null 10 view
Of the nesly developed circumstances. The writ
ing was upon a iap-board used in deceased's busi-
ness. and .ead as follows IVORY and iroule and
the last blow Of my d-obeiient son are the cause
q this deed." There was NO date 10 a. nor
u addressed 10 any one. The children of the De
ceased we're notified oi the death of their father,
and were In attendance a; the second inquest.
They requested that post -mortem examination
be made, and DR.. J. q. Hoiyday was appointed.
lie afterwards testified iha; he had found no evi.
denee of poison in any part of the stomach giving
a. his opinion that death caused by eompii-
cation of diseases. The then given 10
the jury. who rendered a verdict "that ie ,cascd
came 60 his death from natural causes" Helm
becher owned 10; adjoining the new German
cemetery near ST. Agnes Hospital, upon which be
had erected tuo-story brick dwelling.