Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1883-12-04
COE VS. ENGLISH.
.yOrnER TRESPAkS CASE AND
kCIT FOB DAAA0nB-CLA8k
yURY GTILL OUT. T5

kVIT FOB OAWA~em-CkA0A
JURY STILL oUT. fiH
Court resumed procealtngs st
o'clock Monday afternoon, With ASH
ria,es Wootten sDd H0ust6n on th
hench. Tho case OF Russell Coe Va
Thomas English was taken up for trial
with J. A. Fulton, Esq. and Georg
Cray, Esq, for tho plaintiff, AM
Richard Harrington, Esq, and Georg
H. Bates, ESQ, for tho defsndsn'.
This is u suit for damages for tres
pa,s, which the plaintiff alleges Wa
committed on the Doth OF September
ls7g, BY Thop,as English, who wa
At that time constable. II liz claimed
that on the day stated the defsndan
with several others, came on tho farm
of th, plaintiff aud seized an Aldcrnej
hull and heifer, with other stock, valuet
Altogether at Si96, which they drov,
ayay and sold. The csttle were seizet
on Judgment that had been obtained
against John X. Wilson, the formel
owner of the farm,
The farm Is situated near Smyrna
and suit WAS commenced shortly afteI
the seizure In the Kent County Court,
hut afterwards removed to the Superior
Court of this County, where it was
tried about one year ago, when the
Jury disagreed, and , now trial was
ordered.
George w. Thomas testified that on
September 20, 1879 he lived on Mr.. Goes 4
farm in Kent County he knew OF the
Alderney bull being on the place on
the 2Oth OF September Thomas English,
with several others, came Oh the farm
about o'clock In the day, and drove
the bull and q heller away they also
seized lot of shoats, which they placed
in wagon, and hauled to place
where they were sold.
There were no bidders present except
Mr English and the men who came on
tbe farm with him the witness had
warned Thomas English not ~ sell the
property, ~ it belonged to Russell Coo,
and not to John r. Wilson.
Mr.. Fulton showed the witness a
written notice to Thomas English, for.
bidding him to sell the property, which
be identified IA the same as one he had
served on the detendent just previous TO
he sale. This notice was read TO the
ury, and also an advertisement OF the
tonstable's sale stating that the articles
we're seized as the property Of John X,
Wilson.
The witness then resumed his testi.
nony and stated that he was an over.
seer on the farm, and John r. Wilson
VAS acting a. an agent for Russell Coe.
The witness WAS cr0ss.examined by
Richard Harrington, Esq, and said
hat when he went on the farm he was
Employed by, and made his arrange
)nsnts with John II. Wilson. The wit
hess received half the butter, eggs and
poultry, and Mr.. Wilson took the other
half when the goods were sold they
we're brought in hrst by Mrs. Wilson,
but as she could not comply with the
ash terms of the constable, they were
gain put up and sold ; the witness did
ot hear her say that the things belong
d te her husband, and ~ those present
new the fact, hoy would not bid
glnst her, ind allowed her to buy
hem in very cheap.
NISs JOuu " ltbOIb " % o"oA"t shN
e,'lhcd that she was present on the
.rm Of Russell Coe the day the proper
was sold the cattle were In y
I'D when the defen dant, Thomas
English, came with three Others and
rove them away he also cried the
ale
The cattle were driven away immedi-
tely after the sale the witness
i'd not know Of her own knowledge
There the property was taken to after
be sale, but saw 1t driven toward
Aenton the property belonged to Rus
ell Coe
On cross-examination by Mr.. Har.
Fngton, the witness said she did not
bid in anything ut the sale except .
heifer.
John B. Lewis testified that the bull
vas worth from SIS 10 500, and the
pelfers about e65 for the two; the wit.
hess is dealer in stock, and resides in
Smyrna.
This Was the last witness called for
plaintiff, and Mr.. Harrington moved Tor
lOn.suit on the ground that the de.
tndant had fled special plea, to
fhich the plaintiff had failed to reply.
he motion was objected to by Mr..
ray and Overruled by the Court, and
ir Harrington opened tho case for the
rtendant to the jury.
He spoke for some time and argued
bat t had been shown by the plaintiffs
illnesses that the property seized was
be property Of John X. Wilson, and
ot that of Russell Coz.
Francis Boyer, colored, testified that
had worked on the farm Of Russell
Zoe, and had conversation with him
bout wages he told Mr.. COe that Mr.
Nison owed him some money and he
you'd like to be paid; Mr.. Coo told
lim to get the money out Of Mr.. Viii.
on, and the witness replied that he un.
lerstood he was not worth anything.
Mr.. Coe answered that Wilson was
F9flh something, ~ he owned the
lock on the farm.
On cross-examination by Mr.. Fulton
be witness said he had this conversa.
lon with Mr.. Coe OBJ Saturday after.
oon, in the town of Kenton there was
mother man named Jim Green present,
gAo heard the conversation Mr.. Viii.
On owed the witness $50, and his
Eife 81.
The witness was asked by Mr.. Fulton
be would know Mr.. Coe II he should
ee him, and he replied he would. Mr..
oe, who was in Court was told to sland
?, and after the witness had looked at
I'M for some ime he said he did not
Alnk he was the man he had talked to
Kenton.
James Green WAS sworn, and testlh-
that he beard the conversation III
Aehton mentioned by the witness, and
ar. Coe had told him that Mr.. Wilson
wned the stock on the farm. He iden-
med Mr.. Coo as the man who had the
onversation with Boyer, but could not
ollect what day of the week 1t was
men IL took place.
Mr.. Fulton cross-questioued this wit.
ess at some length, with the evident
lrpose Of breaking down his direct
lmocy in reference TO the identity OF
f Coe, but he still persisted In stating
nat he was the man that had the con-
''rSation with Boyer.
lie was finally allowed to leave the