Daily Republican., 1882-12-11
cO11RT PROCEEDINGS.
..o.Y AFTEKNOON'S SEs'
MeCARTY VS LOCK-
leN vROMIRSORY NOTE.

,nsusd at 8 o'clock Saturday
our u,0 " and resumed the McCsrty
sfpSOn S'o;Ue Esttestine was recalled
" uId uISsd that be was present when
tssVn ,U"s transferred from Sipperly
spOs sipperly was indebted 70
.cssty o Sbcut $500 and he transferred req
tlAlS far S22G. .66 as part payment tor
Do,onnt. He told McCarty that
sH ss- ot the note was q responsible
nSnS nS able TO meet his obligations
y, l.DUrred ~" o few days before the note
sO.Sns On ross-examination the
'noS aid that when Sipperly offered
me-. ~ he assured McCarty that the
pU'V, w. as good as wheat the note
- ,.S,"o,fsrred We" about the 1st OF August
,SSre was no understanding that
Wv 'rV' received the note under an
% ..'%sut that sipperly should see that
y. HcCarty is engaged in . general
s,,Dce \, M business At Rhinebeck' N
\. tore opened for the plaintiff, and
Y ,.l.ra had not been the slightesC
~. % %produced 10 show that Nc
sS 10 In any way connected with
l ma circumstances uuder which
.~was given. He took the note
y faith, before maturity, for a
u n consideration, and whom he
INA did not know what 1t was
=, ,outended that 1t did not matter
.sSfiCulty there was between Sip.
and Lockwood, Mr.. MoCarty had
n tbe note In good faith, and given
liable consideration for 1t, and the
IA that in all such cases the in
~ party should net suffer. Mr..
,.sdted q number Of authorities to
" ,hat where fraud was commit.
M 4 note obtained through fraud
nader could not recover 1t.
4, Riggs then addressed the jury
i ,tter stating the facts of the case
slhat every man who had ever lived
NM Peninsula knew the annoyances
Sople were subject to from just
n men as Slpperly had been proved
N There will come one man with
,stsut fan, who will assure the farm.
gAat II he will put twenty-five bush
N wheat into it there will be thirty
.rai'Out; or they will come with q
SpDiup rod that they will make the
M, unsuspeCtiDR farmer believe
n kssp the lightning from striking
ghIu ten miles OF any building it
be placed upon, and in this man
an kinds of schemes were concocted
Nstrsud the honest tilleT of the soil
bh.d been clearly shown that there
\ no consideration whatever given
I'M, pote; this man Sipperly, whose
ns we're now resting In the grave,
SleCted Middletown, the then Gen.
d the peach growing district, as
atsd of operations. He had q patent
ming knife or shears, and after be
4 sold all he could TO the peach
pEgs In tho vicinity, he sold the
IN tor New Castle county TO- the de-
siant, including q number of knives.
thh we're in the hands Of a party In
Iulsnd, for S256. SO, at the tine tell
4 lockwood that he could sell the
yss and realize more than the note
Id for, long before it fell due. and
b have his county right free; under
he cOnditionB the note was given, but
hen his client went to the men who
hlA Asknives at CeciltOn, Maryland,
k Reused to give them up, unless he
hlA MOrdSr from Slpperly, but that
CtaG river came, and consequently
Nj. LGkEoOd refused TO pay the note
when Il kcame due.
Hs Sksd a verdict at the hands of
thsjay that would teach these Yankee
ahNpsB lesson.
Hse0ntended that MoCarty' should
hare come here himself to prosecute
ihisclaim, instead of sending Mr.. Es.
lStBs and asked that all that part
dhb evidence which related to what
Hearty had said to him in reference
hVhat had passed between him and
SiRSrly, shodld be stricken out as
ihnay testimony.
ltWaDtsd but a few minutes of .
o'clock when Mr.. Biggs finished his
Ermsnt, and the Chief Justice said
alt as he understood the jurors would
Rbe able to reach their homes If they
lee detained any longer, he would ad
yum the Court until 10 o'clock this
lHning when Mr.. Lore will make the
ming argument,