The daily gazette., 1883-12-05
THAT anal HEIFER
STILL HOLDING THE ATTEN-
TIoN OF COURT.
OPPOSING COUNCIL IN A sEARL.
Session Yesterday AfternOOn-Exciting
Scene Between Lawyers and the Bench
Over the COe-EngIish Case.

Upon the openingof court yesterday after
noon the defense IN the Coe- -Engliah case
rested. Counsel for the plaintiff then
offered to produce In rebutta1 certain docu-
ments. This was the cause of an exciting
scene. Mr.. Fulton claimed that the docu-
ment bad been offered during the direct ex-
animation and objected TO by. Mr. BITES.
That gentleman denied the assertion. Mr..
Fulton reiterated his assertion.
Mr.. Bates then arose and with all the dig
nifty, feeling and force at his command, de
MED the allegations of the opposing counsel
IN toto, and declared that they had thrown
out remarks which would seem to indicate
that he and his colleague (Mr. Harrington)
had violated their oaths. He said he had
always endeaEored t0ftry eases tairly and
hOnDrably,t 2gssh sR f4tt tt -~
Mr.. Fulton then began to explain the ma
ture of the paper he held In his hand. Dur
ing his remarks M. Harrington stepped for
ward TO receive the paper, putting out his
hand 70 receive IL, but Mr.. Fulton declined
to give II up, telling the gentleman that he
should have it "presently." When Mr.
Fulton concluded he handed the pap rto
Mr.. Harrington with, Snow, you can take
itn
Mr.. Harrington, who plainly showed that
he WAS not In the mos angelic mood, seized
the document, held 1t for an Instant, and
then impetiIou-ly threw it upon the tab!s ia
front OF the jn;y, saying: Take two
don't want It'll He then began to vtndi-
cate his character as Rn attorney, stating
that he had always eudeavored to act open
aud above board. Fe spoke very feellncly
OF the time when, as baFefo3ted boy, be
had pressed hts face against the railing of
the old court house at Kent. His voice
filled every portion Of the court room, aud,
quoting an old authority, declared that he
WOIlld ttrathar hn riotbf fhoV
At last, turning upon Mr.. Fulton, he ex-
| claimed, almost In the voice of thunder;
1--WE know ourselves to he honorable men.
We never saw the paper and you meyer
offered 1t. Counsel or no one else can tie
my clients hands so long as / my tongue
can wag."
Mr.. Gray followed with more moderate
speech, and finally, after vigorous speeches
| by Judges Wootten and Houston, the latter
| pounding the desk forcibly with his fist to
emphasize bis remarks, all the parties, both
bench and lawyers, cooled down. t
For perhaps an hour there was a corfu
! sion OF tremarks, comments, denals, insin-
uations, ETC., which much amused the law
yers and other spectators, most of whom
were unable to understand what it was all
about. ua. .I
After the confusion had subsided, M.
Fulton offered to pnt in evidence a bill of
sale of 1870, nine years before the seizure
and sale OF the disputed heifer. As he did
SO Mr.. Harrington exclaimed: ''Why, that
was before the bull was born"
Mr.. Harrington then called the following
named gentlemen, prominent citizens OF
| smyrna, all of whom swore that the repu-
tation of John r. Wilson for truth and vera
| city in the community in which he lived was
bad and that they wouldn't believe him on
/ oath, especially in q matter in which ne was
/ dirpatlU tod VuflIfaro uvr4o
w. T. Collins, John Van Gaskin, Nathaniel
Wilds, Benjamin V. Weldin, John b. Hof-
fecker, James :. .Hoffecker, James Mcdowell,
Henry G.. Budd and Joseph Ruth.
When Mr.. Fulton was cross examining DR..
Collins he asked the witness If he had ever
had any trouble with John r. Wilson. DR..
| Collins said that he had, but 1t would not in
any way influence his testimony, and,
reaching over the witness box he shook his
| finger at Mr.. Fulton, e4claiming: 81 repel
the insinuatinn you put upon me-" and left
the stand.
On being examined, Mr.. Ruth stated that
he left Smyrn "some five years" ago, but
at that time Mr.. Wilson's reputation was
bad. Counsel for the plaintiff objected, on
the ground that it was too long ago, but the
testimony was admitted. Mr.. Harrington
stated that the plaintiff might call witnesses
to show that Wilson had repented. 1t was
also considered, he said, that man who
was professional liar five years ago con-
tinued so unless there were some signs of
his repentance.
Counsel for the plaintiff then called the
| following named witnesses, who declared,
with perhaps two or three exceptions, that
Wilson'S reputation in the neighborhood
varied, "Some saying that 1t was good and
some bad !" They all, however, asserted that
| they would believe him on oath: Captain
Mustard, Presley Spruance, Horace Mus
tard, John II. Bewley, John Il. Voshell,
William H. Thompson, James w. Spruance,
| and John B. Lewis.
The plaintiff then, at $50, rested, when
court adjourned until this morning, It not
being deemed advisable to begin argument
so near the time of adjournment the jury,
besides having expressed desire to be dis
missed early in order to catch train for
| their homes.