The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-07-18

The locally celebrated case involving
the rights OF the city to ten feet of extra
ground along Rayburn avenue came up
again in the police court yesterday morn
ing.
Messrs. ID. X, Dyphcs, Slack Robinson
and Robert Faun were the victims OF judi
cial investigation, the charge against them
being tearing up public streets without II
permit.
Col. w. A. Collier was counsel Tor the
defense. The attorney occupied hard
bottomed chair Mr. J. +. Frank sat next
TO him, Mr.. Dyphes stood by with his hat
in his hand, City Engineer Miles Mcri'
wether and Mr.. 5. G. Tool were also pres
ent, and the two colored men stood re-
Speciality few feet distant.
His honor opened the proceedings by
stating the case as follows:
"Rayburn avenue, from Georgia street
to Walker avenue, is forty-tiye feet wide.
The citizens dedicated ten feet on each
side TO make il wider, and that is what
this case is about. Some of the property
owners claim that the ten feet was never
dedicated, an the city claims that il was.
That's it in n nutshell Now Mr.. Stephen
G. Toof will step TO the front"
After cycling for moment the array oi
prisoners and counsel before him, the judge
sang out: caro- YOU ready for trial?'
"Ics, SIR" replied Attorney Collier.
"Mr. Toof, take the stand" said his
honor, "rll act Ms attorney. witness and
Judge in this matter. You bought this
property several years ago and pu, in your
fence ten feet TO allow the street TO be
widened. didn't your
Eyes, sir."
"You virtually dedicated this strip OF
ten feet to the city | believe"
"les, sir"
take the witness, Army" said his
honor, with II triumphant wave oi his
hand.
did You state this TO any ofiicial?"
asked the attorney Of the witness.
"No, sir."
81, was only an intention them"
That's all. didn't sec ANY Official
about it but drew in the line fence"
"lou sold the lot 10 Mr.. Voorhees, with
the original deed and rs you bought it,.
"lCs, sir.
"Is this all the evidence Won have, your
honor" asked Capt. Collier Of the court.
ayes: that's sufficient amt ii?'
"Wcll, hardly. I'll submit my case II
that is the sum total Of the prosecution. y
! The suddcnncSs oithis declaration caused
the court 10 gaze at the attorney in sur
prise.
every well" he said, recovering him.
self aud adjusting his glasses TO enter the
fines assessed. "l'll line you, sir. H. X
Dyphcs, S2j for digging mp the street
without permit, aud the two cplOrcd
men $40 apiece Tor the same oiicnsc.'
But there il no proof that they hav,
been guilty ol that otcnsc,' objected
Capt. Collier.
"Dalas Dee caught 'cm in the act; that.
enough proof for me.
They'll not pay it," said the attorney
They'll pay It or work u oui on thl
rock pile" was the courts decision.
Wen see about that, exclaimed Capt
Collier, suddenly leaving the room.
"lou kin appeal. or get habcas COZ
pus," called his honor after him.
Mr.. Dyphcs and the two colorcd mci
again entered the prisoners dock, and In
few moments were taken down sialr-
Thirty minutes later Capt, Collier va
seen going TO the station-housc with
writ Of habcas corpus Tor the bodies Of Nj
Dyphes and the two colocd carpenter.
alive or dead. The writ was sued ont bC
forc Judge Dul,osc, OF the criminal court
and will he argued before him at o'cloc
this afternoon.