Daily Republican., 1882-11-28
SUPERIOR COURT.
,u,r0F HENRY l.. SANDERS
III onINST EX,BHERIFF
puILIP IL. CLARK.

PHI NAF Ae' ~AA@~-
s,ornoon session of Suprem
Tne ,on ,vened at 8 o'clock. Upon th
uart uar,,ction ctn,f Of Levi @. Bird, Esq,
pPliCsIalEny a aayes, EsQ,, was appointed
sls.'ioner sl'ei L to take testimony In th
Enu,''iy,e n. case Of Mary A. Porter VS.
ga0' T,,a case j, . Of Henry L. Sanders VS.
Iho .I, p Clark, was called for trial
4 7Dl,IP \, % and Spruance for plaintiff aut
ieIug e. ,,ar Sr and Lore for defendant. ThiI
cns'hUli s"it for trespass, instituted BY
si.rs ~ an against ex-sherift Clark, t,
nuerI lousr for an alleged illegal seizure Of
4 goods o.,,od that all w,t,as
~ y tSs case be excluded from the
Il, IL ,oorn oo until they were called upon
uis sa st tSsIr evidence. There being nc
I.otiOn by the counsel for the
iUt;Si. sU It was SO ordered.
~ Nields opened for the plaintiff by
An tjUo to the Court the nature of ho
y. claimed that the goods at the time
y, s.irure we're OF the property of
.us' su~ 4, Sanders, against whom the
aoUtIon @ was directed, but the proper
Y TT Henry &. Sanders the plaintiff in
SA;iiO Si R. Clark, sworn and testified
st IN tJnuary, 1881, he was Sheriff of
\ Soruty. On the 26th of'the month
tsiu Wits were placed in his hands,
I'M levied on the goods in the store
osv,rth aud Market streets. On the
Ina made the levy he received a
sS,l notice that James A. Sanders
4 NOT the owner. He correspondent
N the creditors, who gave him an
sempity bond and he proceeded with
ssiEure On the Goth of the month
received a written protest from Hen
4 /. Sanders, which stated that James
Sanders had no part or lot in the
snNr,hiu Of the goods, and that he was
4 ala owner and would hold him re-
61dbls for damages. The sale took
Ce on the 7th of March, 1881; first
Bred the goods at wholesale, but as
IN did not bring near the appraise-
I'M, sold them at retail.
ibs amount realized was a 406 and |
1 appraissment was $6,455. The
bpsy Is yet il his hands, and he also
hds q SOnd Of indemnity against the
'dltors, On cross-examinati0n he
|dths appraisement was made by
.gHS. Wainwright and Jefferies :;
Hen he made the levy found James
Sanders and his wife in the store
/ certain 1t was Mrs. James A. San.
X in the store when he entered. Sc
bed Nj. Wainwright as an appraiser
he suggestion of Mr.. Nields, and be-
hVe be thought him a good man.
Filliam B. Jetferis sworn and teSti-
! that be has been in the dry goods
illness for twelve years !; his place of
liness is now on Market Street
i've Fifth recolleCt making the APP
llSement: was asked to assist with
appraiSement by the sheriff and Mr..
Becker appraised the goods at
but Is per cent less than their cost !;
nk they would have brought $40, 900
Ietail witness was at the sale for u
minutes.
leColleCt about the goods being put
in lump, and OF their being with
lEn; told the Sheriff that he should {
Pset them 60 at the price offered I
I2O), as he did not think they would |
ng any more under the circum- a
bees by which they were to be sold.
ohm Wainwright sworn and testified +
! he is engaged in the dry goods o
mess; was one Of the appraisers of
stocK Of dry goods in tho store at
!enth and Market streets; made the .
lrIalseRent at percentage below the :
eleSale price; considered the goods !
90.
nomas GiVens testified that he ia a v
NY Sheriff. The witnesa was shown 2
Judgments under which the goods y
sold, which he recognized. These
: were then offered in evidence. g,
10 opJeCT was to show by this wit. Y
'nsS me goods were sold on the h
90 OF Nay 1879, by John Pyle,
IN, 70 Mary Saunders for $1,000. 70
CCtOsS-examination the witness tes- -
that be had been Deputy Sheriff IL
le past tWenty-seveh years il is
"aat unusual for a Sheriff to give
VI sale like the one given in that q
! not M recollect who drew up that So
q q sale; it is very seldom that a W
= : gives hlll of sale for personal b
IVY Redirect examination; al pr
:. saw ths Sheriff give such a bill if na
" required, Robert T. Sanders, W
, anu testified that he lives in St. W,
snow MIS-. Mary e. Sanders and ey
,,VoSalze her signature. The bill tic
y 70 rom Mary e. Sanders to e. wi
nGauuefs ~. was offered in eviden co. he
s''nesS !, @ testified that he was not W.
y ~ when the bill of sale was exc a
ureS. 'N0" '"o w w
y L. Sanders was sworn and frt
y mat the bond for $5, 900 was ed
~ ,oNN wilmington on the 10th day
: 100 1t was signed In his faith wi
,Ole which was at that time on ha %a
IVY street above Second. The sec. wi WI
Spu Il y was signed in st. Louis on Ro
y, y Ol August 1877. Witnessed an Do
sulog y, Of the bond; it was done 'S,
Un u,Cles house; was in st. Louis
y purpose o OF studying law. Be- VIC
y G0na examination of this witness poI
rning. ''A AOo olocN Su
ynrFent ..a,' OF Public opinion.
~ SUn says; "If you don't know I
:, i,n' moiSt q sail, and drift the tha
auowS . nos' the way, if you don't" tor
onsini a1 with pains in his back, CHI
IIpotcaI Iipotc limbs, or other ailments bed
4;s ,ns !. kldney troubles, is trou- the
'utl II, but doean't knS a, ,rL"t wit