Daily Republican., 1883-11-07
DIAMOND CUT DIAMOND.
THE SHARP PRACTICE OF A CON.
STABLE CnECKMATED By
AN ATTORNEY,


Instances of sharp practice on til
part Of officers Of the law sometimes OK
cur that are well worthy of note, an
one In which constable Pritchett wa
engaged on the one side, and cour
/. sellOr Chandler on the other, recent
It transpired in this city. As is we
|. known county constable Pritchett i
: one of the shrewest and most efficieu
officials In the State, and a claim tina
= he cannot collect had az we'll be abap
y doned.
a On the other hand Lilburn Chandler
). Esq, although but yonng attorney
has diligently applied himself to hi.
( profession, and this, combined will
D what the Yankees would denoninate a
natural cuteness, makes him a for
m'dable adversary. On Saturday las
an event happened that brought the
constable and lawyer in conhicG, and
marked the commencement of battle
which will be taken to the Superio,
Court for settlement.
Before proceedingto to give he pirticu-
lars OF this interesting case it will be
necessary to call attention to the fact,
that a law exists in this State whereby
a constable can, when claim is placed
IN his hands for collection, take out
what is known AZ a forthwith summons,
which he serves on the ebtor, and then
returns to the Squire and obtains a
judgment and execution, with which
he again visits the debtor and leyies on
his goods.
If the debtor can reach the Squire's
office first and furnish security the exc
en- ion will be stayed, and sometimes
amusing races take place between the
parties az to who shall reach the office
first. The case in point was as follows:
Elder, Mccullough & Co. are sub. con-
tractors for masonry work on one of the
sections of the new Baltimore & Plilar
delphia Railroad, near Claynont, and
like al other contractors have had con-
siderable trouble with their laborers.
They emTloy some three or fonr hun
dred men, some of whom, as soon az
they receive their wages on pay day,
go off Oh drunk others will become
dissatisfied and quit work between pay
days and demand their money at once,
which, as there are so many employed,
it is impossible to comply with On &C.
count Of the clerk not having the time
to look over the accounts for each day
and ascertain what is coming to them.
On the 23d Of October two men, named
Henry Yunker, who had $8 80 due
him, and Otto REM, whose claim
amounted to S8 20, quit work, and upon
being told that they would not receive
their money until the regular payday,
proceeded TO Squire Ber olett's Office,
and on their oath that Elder, McCul.
Tough Il Co. were non-residents, an at
tachment was placed in the hands ofl
Pritchstt to seize the goods
and chattrls of tn. firm. and summoned
Patrick Cogan as garnishee A there
have been cases of like nature, the
firm resolved to tAst the legality of the
proceeding, and for that purpose retain &
I'd Mr.. Chandler a. their at orney. He
had proceedings stayed,
and notified constable Pritchett that
he would apply to Judge Wales for a s
rule on the plaintiffs to show cause why
the attachment should not be dissolved, t
on the gronnd that the firm had re
moved their families to this city, and
we're residents OF the State. As Judge
Wales was absent from the city, the
matter could not be acted upon until
MS return on last Monday. In the
Meantime constable Pritchett had paid
he men himself, and become assignee,
)ut upon recei wing notice from Judge
Na'es he discontinued both cases on
Monday evening about 8 o'clock, and
afterwards made affidavit
hat he would lose the benefit of pro.
ess, unless forth With summons was
,rantrd.
Having obtained the document he
'orrowel a fast horse from y we'll.
lnown gentleman in this city and drove
o Claymont and served the summons
bout o'clock in the evening. He then
hurried back this city, and shortly ter
U o'clock was at the Squire's office
where he received judgment, as it was
'ot possible for the defendants to pro
ure security and get to the Squires office
head of him. The energetic constable
ose at an early hour on Tuesday morn
ng, and again driving out TO Clay.
mont levied execution and judg.
lent, and was back home before
clock. n
He now thought thatv he had every
hing his own way, but rs soon as Mr..
handler was made acquainted with his
roceeding, he certioraried the Squire's
ocket to the Superior Court, and now
le case will remain in statu quo until
is passed upon by tnat tribunal. The
ertiorari was taken on theground thai
forthwith summons cannot be served
such unusual hours, or Judgment
otained upon it within "a hours after
irving the same. AS both sides are
etermined, an interesting suit may be