Tombstone weekly epitaph., 1882-10-21
REILLY VS. 8AGG 4 co.
An interesting Case ia which Ihe FSiiIiuS" Judge is Plaintiff

An iutcressiH. Case ia which 1le
 FiSiiIin&" Judge is Plaintiff.
 rare treat WAS n store for the pleasure seekers who happened to pass Judge Eel. tcr's court ycslor.uy, ,s the case of Reilly vs. Bagg tl Co. was progressing.
 Judge Reilly is too well known to the public to need any formal introduction, having appeared before il in more instances than any other practicing attorney in the city of Tombstone, and in each case uGdcra different aspect Mcssrs. Bag. & Co. are of the well known auction house OH Allen street, and from the substance of Judge Reilly's action before Judge Felttr, it ap- pearcd, from the evidence produced, that Judge Reilly Was the trustee of certain creditors oi the Myers house or hotel at Contention and that after trial in the hands Of dsnterestcd party the house proved a losing business. Iuigc Reilly then concluded to shut the sh"nty and sell out the furniture and household utensils, and for which purpose he engaged the ser vices of Bagg & Co. IL is proper here to mention that AIessrs. Blgg N Co. are in a business sense, represented by Mr. Sam Barrow, the well-known auctionecr-Mr. Barrow being the business manager of Bagg & Co. Judge Reilly, according to the testimony, called upon Bagg & Co. 10 ascertain their terms of sale, and was in- formed that the business manager was not in, but when he came would be requested 10 call at Judge Reilly's office; which in due time Mr. Barrow did, and the terms of the sale were verbally agreed upon, with the understanding that Mr Barrow was to call at the hotel at Contention and examine the goods 10 be sold. That being done by Mr. Barrow, the auction house, as the testimony proved, went to work in busi- ness like manner 10 make financial sue cess of the sale which was 10 take place on the 9th of October.
 MT. Anderson was retained by Judge Reilly as associate counsel. Mir Ben Goodrich representing Messrs. Bagg & Co.,, introduced MT. Sam Barrow as associate counsel. From the attitude of the attor- neys the court saw proper to assert. that its dignity must and should be main- tained. The only rcplyto which was sharp glance from Mr. Barrow to Judge Reilly and knowing wlnk and formal nod from the latter to the jury.
 Judge Reilly, being duly sworn, testi- fied--in substance-that he had employed Messrs. Bagg & Co. to conduct the sale of lot household furniture at Meyers hotel, Contention, at the specific rates of 10 per cent on all sold and travelling expenses, Bagg & Co. to pay out of their commission the advertising and incidental expenses; that Messrs. Bagg x Co. had employed one Brown 10 bid in certain goods which he could prove had gone to the store of Bagg < Co.,; that the said Brown was not Brown but a brother of Mr. Barrow, who was there in the interest of Messrs. Bagg x Co. to purchase ;ss chcap!y as possible for said firm; there being the same rate of con- mission charged on Browns purchases as the balance of the sales.
 Mr. Reilly was frequently interrupted by MT. Barrow with complex questions, proposed in an of-hand style, which "set thc.witncss back not little to the amusc- mpnt of inc con,+ and iury
 Judge Reilly, at the conclusion of his testimony being undauntcd and showing an irIepressiDle spirit firmly alleged that he was damaged in the sum of $2O0, as he preceded to prove hy Mir. Freeman, the second witness.
 Nlr Freeman, who appealed to be about twenty-five years of age, stated that he had been in the auction business for seventeen years, was thoroughly acquainted with the customs of the business, and would not take back seat for any man upon auction routine.
 Mr. Barro S-Sevcnteen years?.
 MT. Frcemau-Ies, sir.
 -'ll' lftIl IlON-l Nitl llpl lHIhh NbU Nclt that old.
 The Court-Please keep order, gentle men.
 Mir Barrow-Of course we will.
 MT. Goodrich Oo Mr. Barrsw)--Let the witness give his evidence.
 Mir Barrow-Go ahead, Mr, Witness.
 Wilncss-When Mr. Burro--
 Mr. Burrow-Excuse me; MT. Barrow, if you please, sir.
 Witness-Well, MT. Barrow, I've nothing against you
 Mr. Barrow-You better not have
 The Cou!t-Order, gentlemen.
 MT. Barrow-I beg your pardon, your honor and gentlemen of the jury. I'll try not to do it again.
 Judge 4eilly-I move, your honor, that the gentleman be fined for contempt of court.
 The Court will---
 Mr, Barrow-Fine Judge Reilly should he interrupt the witness again. (Laugh- tcr)