Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1885-11-26
sUrRRion ooURr.
Husband and wife ss witncsscs--
Ba0rmS, Slmae nm Trial.


Monday, Chief Justice Comegys and
Judge Houston on the bench. There was
o full attendance of attorneys, among the
number being Senator Gray and Repre-
sentative Lore.
Prothonotary Maxwell read over the
trial list. II contained ia cases, of which
40 were marked for trial, SO passed for
further consideration, 81 continued until
next term and 10 announced as settled or
In process of settlement.
A Jury was then drawn In the case of
Isaac Engle Valentine and Mary j. Valen-
tine, his wife, VS.. Joseph r. Tantum.
Levi O. Bird, Esq., for plaintiffs, and
Lore & Emmons for defendant. Mr..
Bird, in his opening address, stated on
behalf of the plaintiffs the facts as he ex-
pected to prove them. In the fall of 1876
Mr.. and Mrs. Valentine rented the farm
of Henry dupont, in Brandywine hun
bred. Becoming embarrassed, his per-
sonal property WIS levied upon for sale,
and at the sale DIR. Tantum bought every
thing in, securing the articles almost
without competition by announcing
that he was buying them in
for Mrs. Valentine. He also be-
came security for the rent and paid it.
After the lapse Of four years in December
1879, he turned them off the farm, with
out notice or q shadow of right, and dur
ing these four years they delivered at DR..
Tantum's house all the butter, eggs and
poultry used by his family. He also said
that Valentine executed release for DIR.
Tantum, but did not know what he was
signing at the time. The claim raised was
$35 per month for Valentine, from
November, 1876, to December, 1879, 81
per week for Mrs. Valentine for the same
time, and the difference between the sum
for which DR.. Tantum bought in the per-
sonal property, 81, 200, and the amount
for which he finally sold it, 81 900.
Isaac e. Valentine was called, but be-
fore he was sworn Mr.. Lore raised o
point that the case was joint action by
the husband and wife, and that the hus-
band cannot give testimony in q case
where the wife is interested, nor the wife
where the husband is interested.
After full discussion, the court sus-
tanned Mr.. Lore's point, and the Gaze was
abandoned for the present term by Mr..
Bird. Another case, in which Mrs. VAL
entine alone was the plaintiff, against
DR.. Tantum, was then started upon but
postponed, on account of the absence of
q material witness, for whom an attach
ment was issued.
In the cases of Jacob Rickabaugh vs..
Emily @. Bartholomew executors, L. III.
Lee Il Bro, VS.. Oliver H. Jamlson, and
William Deering VS.. David O. Hoifecker,
Judgment for plaintiffs was alloEed.
A Jury was drawn in the case of
Thomas Williamson We. Edward G. Yetter.
Bates q Harrington for plaintiff and
Lore Il Emmons for defendant. Austin
Harrington, ESQ.,, made the opening
statement of the case. 1t involves the
purchase of horse by the plaintiff from
the defendant, upon the latter's declare
ton that the animal was perfectly
sound in all respects. The
day after the horse was taken away /,
began to show lameness, and soon showed
evidences of ring-bone, from which il
died. The amount paid was $l25, which
the plaintiff seeks to recover, together
with interest and damages. Thomas
Williamson took the stand and said he
purchased the horse, Yetter guaranteeing
It to be sound and all right in every par
ticular. He paid for the animal with Q
note for the amount, on which his fathe,
was security, the bargain being closed OF
June 9th, 1882, and the note given foui
DAYS later, when the horse wal
taken away. The next day the horse
showed lamcness, and on Yetter's sugges
ton that it was only from stone bruise
was shod. The lameness increased and ht
again went to Yetter, reminding him oi
his guarantee. Yetter promised to cal
and see the horse in few days, and If il
was still lame to take it back, but b,
never called. In company with hi
brother he afterwards took the horse Il
Yetter and asked him to take it back ant
surrender the note, but Yetter refused
and said he would collect the note. The
horse was never any use to him, and hs
kept it for seven months, at cost Of $5s
or $50, and DOCTORS bill Of $5, when j
finally died. He also paid the note a
maturity.
At 10 o'clock, court adjourned until s
p. m.
During the morning John Biggs, Esq.
praRented the report of Willard Salisbury
Jr.s ESQ.,, commissioner to take testimon,
in the case of Benjamin f. Lppincott vs.
Anna 3. Lippincott, libel for divorce
The report was favorable to the plaintiff
and the court rendered decree of abso
lutte divorce.
The bond of Sheriff Ford for the ensu
ing year was also approved by the court
his bondsmen being John Fehrenbech
Peter j. Ford, John Guthrie, Michae
Megarey and Thomas Toy.
The afternoon session was devote
10 hearing the case of Thomas William
son VS.. Edward q. Yetter, the actiol
begun in the morning for breach Of wal
ranty of horses condition.
Upon the reassembling of cour
Thomas Williamson was called to the wit
ness stand, to be crosse examined by MI
Lore. The witness said that on the da
following that on which he had Dough
the horse she had fallen while being sho
and that she subsequently fell while bein
hitched to q carriage.
Albert T. Williamson, who said he wa
present when the bargain for the purchas
of the animal was made, terrified thu
Yetter had said he would take note II b
(the witness) would indorseit. He aske
Yetter if the mare was sound, and til
latter said she was and agreed to take he
back if she was unsound. Ketter said !
wanted to sell her because Of the troub
Il would take to break her, and stated Thu
he might give $500 year later TO get h'
back. After she had been purchased b
williamson and was being taken ava
Mr.. French called attention to the lam
ness of the horse and also to the bargoi
regarding the soundness of the anima
On REORGANIZATION the witness said b
son on one occasion drove the horse
West Grove and back, distance of
miles, and the beast was lame when 81
returned.
Harry o. Williamson testified that
had heard Yetter warrant the horse to
sound and that he had noticed the lam
ness of the animal the day following b
purchase by Thomas Williamson. Wit
he and the plaintiff went TO the defenda'
the latter refused to take the beast bac
On cross-examination the witness said b
brother had had the horse eight dnysan
although she was lame she had be-
driven during that period.
Charles Jefferis testified that the hor
waa lame and ringboned.
Veterinary Surgeon w. b. howlal
described ringbone as one of the me
serious diseases that horse can have,
disease that may exist q long time befc
it manifests itself.
Peter Conwell testified that the hol
was ringboned and spawned and that
had bought her from Thomas Williams
for $15.
William Haggerty testified that
animal was lame and that he had seen
fall while being shod.
Oscar Lacklan, who claimed to hi
been present when complaint was ms
10 williamson about the lameness OF
horse, testified that Yetter had said
would go and see the animal and Il
were lame he would take her ba
Yetter did not do 30, however, and WI
rn.li;a...s.,., fool. har 10 him he refnaed