The daily gazette., 1882-12-30
REPalMrEo FaoM vEsrEaoAy
n LURY pRAWN.
The gsybold Case Getting Under Way
After Many Wears.
tContinued from fIrst pase.l

Ksq., asked Anthony Reyboid, the plaintiff, a
if he couldn't keep them there that gentle II
iuan good-naturedly exclaimed; "No can't a
keep the run of them-in fact can't keep II
.he run of myself"
The work Of drawing the jury was com-
menced and after three challenges by the J
plaintiff and one by the defendant, the fol- q
lowing were selected:
William II. Flynn, Sr., William I. Rob q
iuson, Daniel uearu, Henry g. Murphy, {
Cyrus d. Gears, John g. Phillips, William {
NJ Morgan, George Z. Hickman, Milton l
Lackey, Nehemiah Z. Downs, William ID. '
Ford, John P. Springer.
An adjournment was then taken at 1880
for half an hour.
TINS AFTERNOONS SESSION.
Court convened at / 10 aud upon the roll
ui jurors being called two OF them were
found 10 be absent. They, however, were
sent for aud put ia an appearance at l.5oi
both explaining that they had made n mis-
take as TO the hour to which the court nad
adjourned.
Levi G. Bird, Esq, opened the case, lie
stated that the case arose under foreign
attachment, issued June, 1877. II was
suit for recovery of damages upon breach
of contract. II was divided into two courts,
six breaches of contract being specified III
each court.
The court, he said, was familiar with the |
contract and then stated the various |
breaches of the contract as agreed to by the |
defendant eompuuy. The defendant had |
cent boats 20 the Elk, Susquehanns aud
Sassafras rivers, had chartered boats, inter
fered with the plaintiffs business, did not
agree Ia mutual rates, etc.
Mr.. Bird then read number Of pleas to
which the defendant had made answer.
Mr. Bird apologized for the loose way In
which he might make the opening address,
as he had not been aware until within TWO
hours that 1t wits TO devolve upon him. Mr.
pat tVhn Ia haze made the opening
address, was i'll
Turning 70 the Jury he briefly stated what
the case was, and said there was never
case brought before jury which showed
that n contract had been so UNANIMOUSLY
violated by the defendant company, who
had malciously violated every agreement.
In the early sos. he said, Anthony Rey-
bold had largely invested in lands in Cecil
county, Nd, on which he had planted
peach orchards, one OF which came 10 DC
known as the famous Cassidy peach farm
In %, '54, 80, SO and - he had grown
large crops Of peaches. Then there were
no railroads, and all shipments were made
by boat to New York, Philadelphia aud
Baltimore.
The defendent company then ran what is
known a. the Erricson line and had no OPP
nositinp. The company told Reybold he
Inust guarantee them 500 freight, II not ne
must make up that amount, hut II inc
freight amounted 10 $3.50 the company now
kpuT. IN lhOt anu bo'f' WI. AN1 bDAi
ran a boat to carry his fruit and that ol
others In the last year he resolved TO run
:, line in Opposition to the Erricson line. TIC
p,,i the boat. the Wcldin, at the yards oi inc
Harlan n Hollingsworth Company TO have
her fitted to carry passengers.
When the Ericsson Line heard what ht
was doing they did all they could to buy
him of. Finally he went 10 their office il
Philadelphia where IL contract was drawn
Reyhoid signed contract 10y which, II ne
Reybold would not run or operate a tnrougi
line of boats between Baltimore and Phila
dclphia, tho defendant company would giv'
him the right to run mis- boats from the Elk
SAssafras and Susquehanna rivers to Phila
dciphia.
Ks 20 tie defendant company they hav
done all in their power TO rid themselves o
the contract, which had now come before
jurv TO have its validity established.
The speaker said they would show beyon
a doubt by clear and complete proof, tina
Anthony Reybuld from the 18th day {
December, 1858, down TO the presen
minute, had not violated or broken an
Of the agreements of the contract. III
defendant company, however, had, With
100 hours begun TO break the agrecmen
Up to 1861 they indirectly violated the col
tract and from thence ON 10 1863 direct
broke their agreement by running boats {
the Elk, Sassairas and Susquehanr
rivers.
Anthony Reybod, on the other hand, HI
run mis- boat, the Weldin, at sacrifice al
Il loss TO himself, and was just getting l
line on paying basis when the deiehda
came in aud snatched his business fro
him. 1t woul, he proven that he ran l
river in pursuance Of his contract.
On April 20, 1851, the beginning OF
war, Reybold's boat Was seized By the &c
ernmeut in Philadelphia and taken FRI
him, when Just about starting on tr
From then on he had no boat to run his II
IL would be shown a. matter OF fact u
in 1861 and lS62 it was Il human imPo
bility to charter boat. Notwthstand
that, in his eudeavor to keep his asroemc
he tried hard to get II boat.
That condition continued i'll '63. b4
'65, and whenever he had chai.ce TO pu
boat on the river TO get what little pr
there was In his line be was met by the
fendcnt company with their large frei
boats. Whenever the peaches We're re-
the defendant company would bring ia t
hig boats and take up all the peach
ness.
in 1866 Anthony ReybolJ showing
he still had his line, put his boat on "
the season opened and ram her day IN
day out. But Just as soon rs the pc
season came the defendant company We
run in and cut him out and take the or
of his rade.
Afterwards he formed a company ku
as the Union Line, when the defendant
the freight on peaches from 10 to ceT
basket with the intention of driving him
Reybod often went to the defendant c
pany and asked them TO take of their b.
That was refused.
The company. after breaking faith,
when Reybold was broken down iinanci
refused to relieve him.
\ contract was also made by Rcy
with the philadelphia and New York II
portation Company, who had the
officers as the company defendant
while they were not liable TO dam
directly they were indirectly, by allo
zhe boats of defendant TO go into the I
mentioned
Mr. Bird then specified some special
l,y which the contract was broken. Rey
enleavored TO keep his contract until
whenever he could beg or borrow mon
hire a boat he did SO.
Mr.. Bird said lie could tell the an
Of damages claimed if he ceuld &c
t,rhper books, which were necessary
the sum. They would ask for every
and every cent which had been kept
the plaintiff
" > ~ Mr.. Bird finished speaking.
Mr. Bates read some points from tht