The daily gazette., 1883-12-04
SECOND EDITION
COURT THIS MORNING
The Jury in the Heifer Case
Disagree.
DIVIDED BY SIX TO SIX
SUPERIOR COURT.


Proceedings This Morning-The Clark
Banks Jury Disagree and are DIS
charged The OOe- Engllsh Case.
The Superior Court met this morning at
10 O'Clock with Chief Justice Comegys and
Judges Wootten and Houston on the bench.
The case Of Russell Coe VS.. Thomas En-
gllSh, which was oRtriAl yesterday aftsrnoon,
WAS resumed.
Owing to the casa having bssn transferred
Hy tho Quart Of Errors and Appeals from
Kent county % the oours OF this county che
chef Justias wns prohibiSed from prssid-
ing and judge Wootten presided.
When ceurt opened Mr. Harrington ofiered
in evidence q Judgment writ, obtained
against John r. Wilson, to show that be
wasthe owner OF the property. The evidence
was objected to by Mr.. Gray, OF counsel for
the plaintiff, and an argument OF over half
an hour ensued. Proceedings In the case
were then suspended for . short time and
the Chief Justice instructed the bailif TO
bring In the Jury In the case Of Clark Va.
Banks, which had been out since lilo 9. m.
yesterday.
After the Jury had taken their seats the
Chief Justice stated that he had received
several communications from the jury that
they could not agree, standing six TO six.
He desired TO know II there were any
chances OF agreeing. The foreman answer
ed that there was not.
The Chief Justice expressed regret th at
the Jury could not agree and discharg ed
them from further attendance at this term
ofCourt.
Proceedings In the case before the court
were then resumed.
James Montgomery was examined and
stated that Mr.. Wilson received half thu
butter and poultry Upon Mr.. Harrington
asking the witness the question as u
whether It was not generally understood
that John R. Wilson was the owner OF th'
stock on the farm, objections were made b!
Mr.. Fulton, and the witness was stood aside
John r. Thompson testified to having lease'
the farm from Wilson. The Alderney bul
was purchased by Mr. Wilson when 1t Was
calf.
Mr.. Montgomery being recalled testifet
that he had been employed On the farm b
John K. Wilson.
George Hawkins was next called aftc
argument on both sides as TO the aimisi
ibility Of his evidence he was stood aside.
Charles P. Wilson testified that he live
on the Coe farm. He leased II from job
r. Wilson and produced the lease. 1t WI
offered as evidence by the defeudar
John r. Wilson was the own
Of the stock; he always acted
as though he owned all the stock and iarn
he got half of eggs snd poultry. The W
mess was very unwilling one and IL "
almost impossible TO get answers from hiI
Mrs. Charles P. Wilson, wife OF precedil
witness was called. Upon a question beiu
asked the witness In reference to a post
card received in 1882, the plaintiffs couus
objected, and q controversy arose as to {
Admissibility Of evidence as to what had O
Cured since the sale. Judge Houston rul
that 1t could not be admitted.
Mr.. Harrington replied that he proposed
offer such testimony.
Judge Houston, bringing his fist down
the desk emphAtically: "We will not he
such testimony from you. 1t is Just su
actions of the bar that annoy the benC
If 1t is continued we will never get Aw
from here" The witness was stood aside
r. d. Hodecker, editor Of the Smyr
Times, was called and proved . notice pit
lished in his paper dated November 10, 49,
TO the effect forbidding all persons tru
ing John X. Wilson, and signed by Russ
Coe.
George HeinLoldt testified to being prest
at the constAble's sale and purchasing
shovel for is cents. Mr.. English had char
OF the sale.
-~ At this point Court adjourned until
o'clock this afternoon.