Daily Republican., 1882-12-08
SUPERIOR COURT.
sHERIFF MARTINS ELECTION
TO BE UORTERTED-THE sam.
DERS' JURY DIACHARaED,

l
Yesterdays session of Court was
notable for surprises one of the greatest
of which was Charles B. Lore, ESQ 8
petition that the election of James
Martin as Sheriff of this county should
be set aside and declared null and void ,
by reason Of fraud and illegal votes.
The petition is very voluminous, and
sets forth that at least 85 illegal votes
were polled for James Martin, to the
detriment OF Purnal Lynch.
The Court appointed Monday aext
to hear argument, and set day for the
bearing of the case.
Mr.. Lynch is represented by Charles
B. Lore, Esq, and George M. Bates,
Esq. and Mr.. Martin is represented by
Anthony Higgins, Esq, and e. G.
Bradford, Esq.
The trespass case of Russell Coe vs.
Thomas English, William D. Wilds,
John T. Poor and Patrick Mellon was
proceeded with, and over one hour con-
sumed by counsel in argument on
points of law.
The facts of this case are as follows:
John r. Wilson, residing at Kenton,
was indebted to several parties who
had execution entered, with the inten-
tion cf levying on certain goods, be-
longing to him. The defendants cor
tend that between the time execution
was entered, and before q levy could
be made, the property which consisted
of cattle and hogs were transferred to
Richard Coe. The execution was
issued Ey Squire Hawkins, and the
goods levied on by Constable English
and by him sold.
Richard Coe brought suit in the Kent
county Court to recover for these goods.
The case was decided against him and
this suit is brought on appeal. The
ground of the suit occurred previous to
the passage of the act by the Legisla.
ture which permits parties in a civil
suit to testify in their own behalf, con-
sequently none of these defendants were
allowed to take the stand. Mr.. Har-
riDgton exhausted every effort to have
their disability removed, as it was
highly important TO his case tha5 they
should be allowed to testify. He asked
first for non suit for all the defendants
except the constable, and when after a
long argument that was denied, he put
the matter in another manner, but with
the same end in view, by asking the
Court to instruct the jury to render a
verdict Of not guilty in regard to these
three.
The whole of the afternoon session
was consumed in argument, aud the
opinion Of those present were that
Messrs. Gray and Fulton had found a
foeman worthy of their steel, VINO con.
tended every inch of ground in the most
stubborn manner.
At 4 55 o'clock tie jury in the San
ders case had another note handed to
the Court, and the Chief Justice or
dered thai they should be brought in.
Upon b5ing questioned by the Chief
Justice the foreman laid there was not
the slightest probability of their agree
ing, and Mr., Spruance said that he
Thought it would be cruel to keep them
out any longer, and after consideration
with his ol,eagua said that they we're
willing they should be discharged, pro
vided it was understood thar it wOuld
not work to their prejudice in the event
OF their making application for new
trial.
Mr.. Lore expressed himself as being
satisfied with the arrangement, and
the Court ordered their discharge.
Conversation with juror revealed
the fact that there was considerable
dissatisfaction with the colored man,
William N. Ellis, who was on the jury.
1t is charged that although he, the
same as the others, heard all the eVi-
dence, he did not understand anything
about tho case.
it is said by several of the jurors that
when he was asked about the cause of
action, he said that all he tnew, was
that MIR. Clark had sued Mr.. Sanders
but he did not know what il was for,
He invariably voted the way another
member of the jury voted and always
agreed with him on every point. The
vote at first stood in favor Of allowing
Sanders the full amount claimed by his
attorneys, and + in favor of giving a
verdict for CLARK,
These offered to compromise, by
awarding Sanders the proceeds OF the
sale now in the hands of the Sheriff,
when the others would not agree to this
the note was sent in to the Court that
they could noS agree.
After the Sanders i1ry was discharg-
ed, Mr.. Harrington offered in evidence
a copy of the Smyrna Times, containing
an advertisement signed by Russell
Coe, but which the attorney offered to
prove was inserted by John r. Wilson.
This was objected to, and the discussion
which ensued was continued until d |
o'clock wheu Court adjourned until |
his morning.