Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1883-12-06

leased the farm in January 1882, from John
H. wilson, and had q written lease, frhe
lease was produced, and admitted az evil
qepce The witness always understood that
John Wilson WAS the owner of all the
stock on the farm.
Mrs, Charles p. Wilson was sworn, and
oorroborated the testimony given by her
husband.
Robert d. Hoffecker was placed on the
stand to prove a notice inserted in the
smyrna 1snes November 18th, 1873 by Rus
sell Coe forbidding all persons to trust John
Il. Wilson on his account.
Two other witnesses were examined when
court at l O'Clock adjourced until o'clock
In the afternoon.
O'Clock III the afternoon with Judges
Wootten and Houston on the bench.
The witness that Mr.. Harrington expected
from Kent county did not come, and he
announced that the defendants in the
Coe English suit would rest their case.
An offer was made by Mr., Fulton, to
show by the sheriif's deed that the real
estate belonged to Russell Coz, and that
lie had purchased the personal property
At oopstGble's sale, it having been seized
and sold as the property of John R.
Wilson.
Objection WAS made to this offer by
Messrs. Bates and Harrington, who
claimed that this record should have
heen produced at an earlier stage OF the
trial, and thft as 1t had not been offered
then, it could not be admitted now in re-
bdttal. Mr.. Fulton claimed that he had
offered it at the commencement OF the
trial, but withdrew it then upon OBJ
lection being made.
Judge Houston remarked that the offer
had been made at the very CONNIE &C.
ment OF the case by the attorneys for the
plaintiff, but when counsel on the other
aide had objected, he thought it would
he better to leave 1t until later. The
lime had now come, and he thought the
plaintiffs were clearly entitled to SHOW
that the property belonged to Russell Coe,
and how he became possessed Of it.
This was opposed by Messrs. Bates and
Harrington, both of whom disolaimed any
knowledge OF this record having been
offered. A heated discussion ensued,
during which Mr.. Harrington remarked
that he wanted 1t understood that
"neither counsel or any one else, could
tie the hands of his client while he could
wag his tongue" After the discussion
mad lasted some time, Mr.. Gray poured
viii on the troubled waters, and said he
could not see the use or necessity OF this
heated argument, and explained matters
in such manner that Tor q while every
thing moved along smoothly, and Judge
Houston said that while he rnled that
the bill of sale could be offered, it would
not bs received as evidence unless it was
proved.
Mr.. Fulton then called John R. Wilson
to the stand, and hs testified that none of
the cattle in dispute belonged to him, and
all that he had to do with it was rs the
agent of Russell Coe.
Mrs. John R. Wilson was recalled, and
said that all the cattle seized by the
defendant, Thomas English, belonged to
Russell Coe. This closed the evidence on
the part of the plaintiff, and MIR. Hsr-
rington called James Mcdowell in sur
tebuttal he was shown poster of a
public sale advertised By Russell Coe, at
which Mr.. Harrington claimed, he had
sold all the personal property which the
counsel on the other side had shown he
had purchased at the constabla'b sale of
the property of John r. Wilson.
The witness identified the poster, aud
said the property was sold on the farm of
Russell Coe; he had gone there to pur-
chase colt, but it was Withdrawn; he
saw a number of cattle sold, but could
not remember what they were he under
stood that the property belonged to Mr..
Coe.
Mr.. Harrington then said that he
would call witnesses to show that John
R. Wilson was not worthy of belief.
William Hutchinson, director in the
Smyrna bank, WAS sworn, and testified
tina. the general reputation of John R.
Wilson, in and around Smyrna, is bad,
ami he would not behave him under
oath.
William T. Collins testified that he re-
sides in Kent county and practices medi-
cine; he is acquainted with John R
Wilson, and knowa that his reputation
for truth aud veraoity is very bad, and
he would not believe him on oath.
John Vsngsskin, Daniel f. Wiles,
cashier OF the Smyrna bank, Benjamin V.
Weldin, q tax collector of Kent county,
John H. Hotf4cker, James p. Hoffecker,
James Mcdowell and Joseph Booth, ali
teattied under oath that they knew John
Z. Wilson, and knew that his reputation
in and around Smyrna and Renton was
bad, and they would not believe him
under oath.
After Mr.. Harrington had finished with
these witnesses, Mr.. Faltou called several
witnesses in ur.rebuttsl.
Captain Mustard testified that he has
resided in Smyrna So years, hut was not
very we'll acquainted with the reputation
OF John R Wilson, but would take his
word under oath.
Wesley Spruanee was acquainted with
Mr.. Wilson, and had heard that his
reputation Tor truth aud veracity was not
good, but he would believe him under
oath.
Horace Mustard, John Il. Bewley, john
II Voshell, William H Thompson james
W. Spruance and John G, Lewis, al
testified that some people spoke we'll o
John K. Wilson, aud others spoke
disTespsctfally of him, but they would al
believe him under oath.
Mr.. Fulton announced that hs had ut
more witnesses to call and said that as i
was SO late, and several of the juror
would like to go home on the O'CLOCK
train, he would not begin in his arguiosn
until the next morning. The court, afte
soma little hesitation, adjourned until II
,'clonk Wednesday morning.
Immediately after court opened yesterda,
Mr.. Fulton began his argument in thu
traspass case of Russell Coe VS.. Thomas Eng
lish He said the property taken, and which HI
had shown belonged to Russell Coe, was yaluet
at sl95, which with interest to date amounte.
| to about 52i5. He intended not only to asl
| this amount ut the hands Of the jury, but h
| would also ask exemplary damages to pa.
| Mr.. Coe for his loss of time and expenses ii
defending his rights. Mr.. Fulton continued
| until IL 80 O'Clock.
When he closed, Mr.. Harrington made thu
| opening argument for the defense. He re
| viewed the testimony offered by the plaintiff
and claimed that even that tended to shoS
that the property in dispute belonged t
| John X. Wilson, and no one else He sal
| that he had contested this case with all thu
vigor at his command, because while h
knew the Judgment was only for -
| the costs would amount to over 200. II
| knew this constable, and he knew that if h
| lost the suit il meant that he and his littl
ones would be turned out in the world home
less and that was why he appealed to tn
/ Jury in this earnest manner.
He concluded his able argument at 1874
o'clock, when Mr.. Bates began the closin
argument for the defense aud continue
| until court adjourned.