Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-07-25
A FUNNY CASE,
BROUGHT 10 LIGHT IN A JUSTIOHS SHOP,
LAST NIGHT.
A Base Ball Club Brings q Suit Against Re
leased Member, Because BE Had
Two Suits.
There was a very funny civil suit on

There was very funny civil suit on
trial before Justice Ankle, last evening.
The cause was that Of the House &
Hermann base ball club v. Joseph
May, In detinue, the action growing
out of the release of May by the club
management some time ago.
AT the time of his release, May
had in his possession two of the uni
forms of the club, and catcher's mask
and shield, and on receiving notifica-
tion that his services were no longer
required, May announced that he pro-
posed to retain possession of the prop
erty, and intimated that he might dis
pose of it by sale to whomsoever he saw
fit. This announcement riled some Of
the members of the club, and they
went to the Office of Justice Ankle and
announced their intention OF bringing
a suit to recover the property. The
Justice discouraged the young men, and
they went away, but later they return
ed, and instituted the suit. May re-
tanned Capt. B. B. Dovener as his
counsel, and last evening the cause was
tried, Messrs. James Perrill, William
Terrell, John Farley, William Flading,
Lee McCulloch, Christ. Wagner, Robert
Brewster, Irwin Brodie, William Wig
gin, Harry Hawkins, Samuel Chambers,
William Chambers, William Snoop and
Samuel West, members of the club, ap-
pearipg as plaintiffs, against May.
There was quite an attendance Of the
friends OF the young men.
The evidence showed that the young
men, after the formation of the club,
gave ball TO raise the money for uni
forms and general outfit, and that they
received and accepted proposition
from MesSrs. House & Hermann to name
the club after that firm, in consideration
OF aid in getting upon their feet. The
club was a mere partnership affair,
there being neither constitution, by
laws, nor articles of incorporation, and
as result, the property was as much
froze on to the uniforms, ETC., he simply
took what belonged to himself as much
as to anyone else. 1t was stated by one
of the witnesses that they had entered
into verbal agreement that II any
member of the club was "fired," he was
to give up any property of the club in
his possession, but this was modified by
a subsequent agreement that If "any
one was stinkin' enough to keep any
thing" it would be all right.
After a good deal of fun had been
had in adducing the facts, the Justice
announced that he would be compelled
to dismiss the suit, and the members of
the club filed out.
A reporter came in while the suit was
in progress, and one of the plaintiffs
remarked: "Well, I'm - II here amt
reporter" This was followed by a
groan from some one else, and then a
general spirit of resignation settled
down upon the thrOng, which was broken
by May, who said:
"Well, I'm going to sell those clothes"
evil you shut up?" said his counsel.
May wouldn't promise, and there was
a general interchange Of growls be-
tween the defendant and two or three
of the plaintiffs, but any tendency in
the direction of Ill humor was quickly
lost in the general fun Of the thing.
As the crowd filed out they Remarked:
Lets all buy the REGISTER in the
morning"