Daily Republican., 1883-12-05
SUPERIOR COURT.
THE RUes.LL COE W. THOMAS
EA0LISna CAAE DDA WING
m 4 NLO0B.

THE RU388Ak COE W. TnO4Al
EAGLISla CAAE DRA WING
TO 4 SL00B.
The afternoon ssssion Of Court opened
ats o'clock TuAsdAy, and Mr.. Har.
rinpron stass,d, that ~ the witness h
expected " have prsssnt did NOT arrivl
No would close without him.
Mr.. Fulton offered TO show By the ~.
cords of Kent County that the real g.
,ste and personal property belonged 10
Russell Goa, and that he had purchased
il Al Sheriff's and Constable's sale. HI
produced . bill Of sals for the property
which he wished to offer aS evidence
Mr.. Harrington 0hjseted, and said
that they had never claimed that the
real estate belonged 10 john Z. Wilson,
but they did claim that the personal
Droperty belonged TO him, and be
Thought they had clearly proved 1t by
sne tnp" evidence. He did rot thirk the
plaintiffs should be allowed TO offer in
rsbuttal any such testimony. II they
had wanted TO show ownership Of the
property, they should have done so at
The com menceInent Of tho case.
Judge Houston said "they did
make the offer and you objected, and ]
sid it could b. offered later In the
case," and decided that the papers could
be offered uOw.s a.l
Mr. Bates said after such an emphatic
declaration by the Court, hs did not
tuow that it was necessary for him to
bay a word, but he deemed 1t due to
himself TO say that II the counsel Oh the
ther side had offered 10 prove these
acts, the counsel for the defense never
knew oft. He did not think any one
who knew him would suppose for one
moment that no would stand before the
court and utter . falseh0od rather
han do thing like that he would with
raw from practice, and never appear
another case before this Or any other
court. He again asserted, on his pro-
essional honor, that il the attorneys for
he plaintiff had made the offer rs
hey claimed, " was without his know
edge.
Mr.. Harrington also stated that be
i'd not know Of the offer, and after
peaking several minutes In an earnest
banner, closed by saying: wish 1t
Understood, that neither counsel or
my one else shall tie the hands of my
lieDt while my tongue can wag."
Hs was followed BY Mr.. Gray, who
Explained to the Court and the counsel
br the defendant. He said that be
kould not zee any necessity for the
sat that had bSsn shown In the argu-
nent
Mr.. Bates claimed that 1t was the
uty of counsel for the plaintiff 10
how that Russell Coo held this prop
uy by an undisputed title, otherwise
hey must suffer non. suit.
Judge Houston delivered lengthy
opinion, and overruled the objections
NJ the defendants counsel, and said he
ued the bill of sale could be admitted,
but would not be received as evidence
nless it was proved by the counsel.
Part Of the document was then read by
lr. Fulton, who preceded to examine
illnesses In rebuttal.
John II. Wilson was sworn, and testi-
ed that none of the property seized
nj sold belonged 70 him, neither did
e have one cents worth Of interest In
the witness acted ~ Mr.. Goes
gent, and done nothing without con-
nting him.
Mrs. John X. Wilson was recalled,
nd testified that the articles In ques-
lon did not belong 70 her husband ut
he time they were sold by the con-
table.
James Mcdowell was called by Mr..
harrington in sur.rebuttal, and identi-
ed q poster OF a public sale, to show
bat Russell Coo sold oil personal
roperty which he had bought
John r. Wilson's Ssle. The
roperty was sold ON Russell Coos
(rm.
William Hutchinson testified that he
bsides in Kent County, and 10 direc.
pr In the bank at Smyrna; knows John
Wilson his general reputation for
buth and vesAeIty II bad, Aad tho
|itness would not believe him on his
9TH. t...t.
William T. Collins testified that he is
ply hysician, ,snd resides in Kent County
knows John b. Wilson, and knows
10 reputati0n 70 b bad, and from what
10 witness knew OF him, be would not
elieve him under oath, On cross.ex.
n nation the witness said that he had
law suit with Wilson. but he wanted
dr. Fulton to understand that ho did
Dt have apy Ill fooltuR toward Wilson,
nd ha huvlad henk snv auoh i'm Duta
on that he would testify against him
that accom- Mt,
John vangsskin testified that he was
e!l acquainted with John r. Wilson,