Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-05-12
HOG ISLAND OR BAR.
COraopOlitans Battle Determinedly
Over a Few Bushels of Sand.
ATTORNEYS HAVE A LIVELY BOUT.
Plaintiffs Resent Being Styled Squatters by
the Defendants.
THE QUESTION OF A TITLE is RAISED
ATTORNEYS HAVE A LIVELY BOUT,
THE QUESTION OF A TITLE is RAISED

4 vast agglomeration of people with sand
in their eyes, hair and clothing assembled in
Alderman McAIasters' Office yesterday, and
the development of what some held was a
political feud in Cornopolis came to the sur
face over the suit brought by +.
r. Nesbit and ". +. Treadway
10 recover for sand taken by
Walter c. Ferree and Det. McCabe from Hog
Island, or as the defendants counsel per-
sisted most OF the time in forming it, Hog
bar The dispute was somewhat geographi-
cal, plaintiffs insisting on calling the place
an islhndand defendants q bar. The former
were heclcd and sponged by Mr.. scnndott,
OF the firm OF Thomas NJ. Marshall & Son, and
y. W. Shafer represented the defense. The
suit was an action in nssumpsit and Mr..
ShaIer offered an affidavit setting forth that
the title to the property was In dispute and
the Alderman had no Jurisdiction, but that
the Common Pleas Court must settle the mat
ter Of title first. The plaintiffs contended
thRt the action was based on contract,
either expressed or implied, and not one of
trcspnss or trovcr. and after considerable
srariing between Messrs. Shafer and Scam
drott the Court decided TO take Jurisdiction,
and the plaintiffs were put on the stand for
oross-examination on their affidavit.
Either Hog Island or Hog bar.
W. {. Fcirec testified that he did not know
of any place known as Hog Island, but had
heard OF Hog Bar. He admitted getting 900
bushels of sand from j. il. Laughlin on the
sth and 9th OF March. Mr.. Ferree admitted
that he might have said he had as lief pay
Messrs. Tesbit and Treadway for sand
as any other squatters in the town.
The report was that the language was
that he would not object to paying
II it were to any old citizens of
the plac, bcut not to squntters in the town.
Witness laughimgly admitted that he had
used some language regarding squatters. A
question as to a conspiracy to fight squatters
was objected TO by Mr.. Shafer and ruled out
by the Court. In answer to his counsel wit
ness said there was nothing except sand and
willows on the bar. This answer again
rnised the dispute to title, but the Court
told the parties to go on on the other line
and he would reserve the question of title
for consideration.
G. H. stevenson, one of the parties inter
estcd, but not plaintiff in this case, testi-
nnd that he had a conversation with Ferree,
in which the latter admitted that he had
tod iaughlin to go ahead and he would
keep him clear. This conversation took
i'lnCc after the sand had been taken.
w ]. Tre2dway, one of the plaintiffs, testi-
lied that Laughlin had an agency from them
but il was forfeited, and on the Sth of March
!.3Ughlin said he had taken sand for Det.
hrCuhe and Walt. Ferree and they said they
would llay him for it, and encouraged him to
witness, and said if they were old residents
nc might pay, but not to two squatters.
Mailed Hand Beneath the Velvet.
II was subsequently, yesterday, admitted
that the expressions were used in Pick
wickian sense, and the gentlemen will not
uroer pistols and coffee, though underneath
the velvet there is the mailed hand extended
on either side.
The amount in dispute in this instance is
So now, but the tug of war comes in the
ciccteTas.
Det. McCabe, the other defendant, was
next crC>S-eNamined as to his affidavit, and
his testimony got the lawyers into each
others wool on the question of agencity and
= TO whether, according to the evidence,
versn; The tilt furnished an amusing
episode, but to go into it in de-
tail would tire the reader. Treadway
denosed that month before the time this
action was founded he had proposed lease
OF ;Ee Isi~nI To NcCabe and the latter said |
Ie wouid consider the proposition, and that |
on the 5th nf March last Nesbit found that |
l.aus 4 iin tnd McCRhe aad been taking sand
BlcCaoe ne-er st.te1 whether he would or |
would hot lease the island, but he and |
ferree came o witness office and said |
said he had 'c'd iaGghlin not to take any
sand, and tod ic ca6e chat Laughlin had
been told 50, aud re trttness) wanted to |
know who Was 10 lie n hcid responsible for the |
taking. He G.nAnded 10 be secured and
did not want any double game played The |
result of the Cnufert,u &c was summed up |
by Det., who ssid, Let. 'er rip."
The claim in Al Ca5e's case is for 365 |
bushels of sand. So e5. md as there were in |
all possibly 200 or 500 q iIh els taken by the |
defendants, significant 10 ,ks passed between |
spectators, and they r,aISECd that tile cases /
could not be gotten Cat of Alderman Nc |
Masters jurisdiction epnspt bv certiorari. 1
Ny. Shafer suggested insdhiciency OF title |
from time TO time, but the Court Continued |
20 hold that the case did not raise that |
question, and finally Mr.. Shaf fer asked the
Court to consider the matter very carefully,
limit.
Decision WAS reserved.