The daily gazette., 1882-11-28
COURT PROCEEDINGS.
WHAT WAS DONE YESTERDAY
AFTERNOON.
THE SANDERS TREssPAss CASE.
Another Divorce Under Way-Henry l..
SANDERS W. sheriff Clark--An Interest
Ing Suit on Trial.

AT the afternoon session of court yester-.
DAY the suit OF Russell Ooe vs.. Thomas
English, William ID. Wllds, John I, Poor
and fetrick Poor was continued, on account
OF the absence of defendant's counsel,
Richard Harrington, Esq. The case was an
aciiou for seizlng and carrying away per-
sonal pro. erty.
Walter Hayes, ESD, was appointed a
commissioner before whom TO take testi-
monJ in the case of Mary A. Corter VS..
samuel ). Corter, In u suit for divorce.
The matter OF Henry L. Sanders VS.. Philip
8. Clark, an action OF Or, spass to recover
damages Tor alleged ill,gl seizure of
goods was called. A Jury was drawn and
by request OF defendants cou isel, james II.
Hofiecker, Esq, ali witne,s.s In the case
were excluded from the curt room until
wanted.
Benjamin Nlelds, ESQ.,, counsel for plain
TIL, opened with history OF the case. II
was claimed that the stock sold by Sheriff
Clark in Janury 1881, the store goods OF
Heury L. Sanders, in the store corner
Seventh and Market streets, were seized and
sold for debt contracted by James A.
aud rs some years befnre. James A. had
failed IA business and his stock had been
sold by Sheriff Pyle, being purchased by
Mary 4. Sanders, of St. Louis, who had
bought the goods in on Judgment given for
money loaned. The ore was then turned
into the hands Of Il. Bertha Sanders, who
conducted the business until August, 1851,
when she married and Henry L. Sanders
took possession. Then four creditors oi
James A. Sanders stepped In and had th,
goods sold by the Sheriff, Notwithstanding
the latter was foliiled that they were
not the properly of James A. Sanders.
Ex->herif Clark was first called to the
witness stand. lie Identified a number ol
papcis bearing upon the case and stated
that he had been informed both by Henry
l.. and James A. Sanders that the goods
seized and afterwards sold did not belong
to the latter, The occupants of the store
were invited TO leave tho place, tho door
was locked, an outside watchmau appointed
aud the Sheriff had complete possession Of
the place until after the sale. The good /,
were appraised at S6,455 6S, and sold al
auction for 81 i,4G0.77. Witness still had
that sum In his possession and also an in
demnity from the four creditors at whose
Instance the seizure was made for any loss
he, the Sheriff, might sustain by the act.
CroSs-examination James A. Sanders
and wife were In possession of the store
when the seizure was made. Mr.. VAIN
wright was appointed appraiser at the In
stance Of Mr.. Nields. although it was fist
intended to appoint Mr.. llibbs. Was first
to'u W NAs Api III PltECHNV W
Henry l. Sanders. Thought Messrs. Vain
wright aud Jeiirris were more suitable ap
prasers than Mr.. iiibbs.
William b. Jeiieris, Que of the appraisers,
said the goods were appraised at about %
per cent. less than their cost, and would
have brought, If sold over the counter In
the usual way, about $4,000.
John Wainwright, who, with Mr.. Jeheris,
made the appraisement, stated that the
goods were appraised at from 10 TO 20 per
cent below wholesale price and were worth
to the owners there in the store about SS 900
Thomas Given, deputy sheriff, identified
q number OF wrlts and other papers In the
case. Had been sheriff about % years.
Tho bill Of sale given Mary u. Sanders by
the Sheriff was not usual document, and
had Only known OF 1t in five or six In
staucos during n years in Office. A bill Is
always given when asked for
Robert I. Sanders OF st. Louis, husband
of Mary +. Sanders, identified his Tiie's
signature TO the bill of 50 . to her from the
Sheriff, and also Mrs. Sanders signature on
bill OF sale transferring goods from her to
Z. Bertha Sanders, daughter Of James A..
Sanders.
Henry l.. Sanders was called to identify
some signatures, and the circumstances at
tending the signing of certain documents.
Adjournment was taken while Mr.. Lore
WAS examining witness, until ~ O'Clock this
morning.