Smyrna times., 1882-12-13
The COe-WiIsOn Trespass Case.

The trespass case of Russell COe VS..
Constable III o.. English, VIM. Denney
Wilds, John Il. Poore and Patrick
Mellon for which the witnesses We're
called to Wilmington on Tuesday, was
taken up on Wednesday afternoon and
not concluded until noon of Saturday.
| The case elected great deal Of
interest in this section because of the
number of persons interested in its
outcome who have been caught in the
fast and loose" combination of Coe
and Wilson. The facts in the case are
briefly as follows: the farm in Kenton
hundred originally belonged to John
Il. Wilson but was bought by Russell
COe to cover a debt for phosphate
which Wilson had sold as agent. The
property remained in Mr.. Wilson's
hands and was managed apparently in
all respects as before the change. A
labortr engaged by Wilson, in lieu OF
the money which he could not get,
took an obligation for $40 which was
transferred to w. Denney Wilds who
after exhausting all other methods
ordered an execution and sale which
was made. In view that II claim of
ownership was set up by COe, Constable
English before proceeding demanded
security, which was given by the
parties above named, against whom
the suit was brought. Except the
constable the other defendents were
buyers, and the stock was sold as the
property of John r. Wilson, who is
claimed to have been the agent of COe
and not the owner of the cattle, which
consisted of an Alderney bull valued
at $40, Durham heifer valued at $40
an Alderney heifer worth $2j, a Ches
) ter white SOW and six shOats valued al
: $50 and barn shovel worth 81. The
| total amount sought to he recovered BY
5 Coe was $19l. The latter contendet
that between the time execution wa
entered and made, the property wa
! transferred to him. The ground of tn,
, suit occurred previous to the passage
!, of the act by the Legislature whicl
r permits parties in a civil suit to testif,
S in their own behalf, consequently nom
/ of these defendants were allowed {,
/ take the stand. Mr.. Harrington ex
hausted every effort to have their dis;l
bility removed, as it was highly impor
j tant to his case that they should b
g allowed to testify and other proof in
!, trOduced. He asked first for non sui
o for all the defendants except the con
n stable, and when after long argumen
n that was denied, he put the matter i
l. another manner, but with the sam
l. end in view, by asking the Court to il
l. struct the jury in regard to these three
IS The whole of the afternoon sessiO
$, was consumed in argument. Harrins
o ton assisted by Bates greatly interes
'r ing the numerous lawyers present h
n. his adrOitness of putting law oint
n which Gray and his colleague Fulto
d who seemed to have a strong suppU
y in Judge WOtten, were ready to NEE
As Judge COmegy's, because COe ha
k formerly been client of his, passed
20 over to Judge Houston to hear, wi
Or said the defence in his Judgment had
perfect right to bring witnesses
prove the property as Wilson's, bl
= Judge Wotten vehemently opposed. {
RS a technicality, the defence bringiI
ed any witnesses except to estimate Il
ne value of the stock taken. They wou
IS. not let proof be made that Mr.. c,
to had published a notice in this pap
d, that Wilson was not his agent.
e, After another spirited discussion (
ct Friday morning and upon Mr. Ha
n rington taking exceptions to Il
es rulings of the court, Houston deferril
IL to Wootten because of his seniority
We intimating that all the rulings seem
ey to be in the plaintiffs favor, Jud
he Wotten said he would not suffer SUI
of imputations by the counsel and th
'se he intended to preserve the dignity
in the court" which amused the bar We
We much as the whole difficulty "
pt OccasiOned by his arbitrary ruli
to through the presiding judge. 1t "
)O- better than a circus to the lawye
in. who were out in full force. The arg
lr- ment occupied the whole aftprnoC
on 1t was opened by Mr.. Fulton follow
bt. by Harrington and Bates, closing by
zee forcible statement of his side, by CIR,
ed Mr.. Harrington spoke for about T.
hours, in which he managed TO get
by one plea or another much of I
DIV statements he was debarred In getti
re- in through witnesses going to sh
for that Russell Coe had no claim to
ice property, and that John r. Wilson v
rk- and always had been the owner.
rly Bates said that not only had IL
er. failed to prove that II was Goes pl,
hit, erty, but had proved conclusively Il
ers it. was the property of some one el
the He said it was John Il. Wilson fir
ore the beginning of this contest to the e
ny. slipping in at every point of conts
lay he was the agent for Coe for the sale
I'M phosphates, but outside of that he |
ins no connection with him. They |
mas subpened Mr.. Wilson, and brouI
'ut. him into the court room, and then
J is fused to put him on the stand or all
or him to be examined. Why was il d
The they failed to prove by him who
1ne owner of the property really wasp
-- II was nearly six o'clock when
on argument was finished, and the co
hus adjourned until next morning wi
lew Judge Houston charged the jury
ok said there was but one plea-thal
low the general issue, which had b
lell entered by the defendants. The pls
,re- tiff was not called upon to show I
ush thing further than the fact, that