Evening journal., 1893-02-21
SEYM0UR'S S MARE DOLLY
She Was the Cause of a Great
Case in Court.
BOTH SIDES CLAIMED DAMAGES

PlaintiT Asks for Six Cents Damages to
Prove the Ownership of the Mare and
Her Coit-Defendant Claimed $50 Dam
ages Because tho Property Was Torn
From Him by the sheria.
There was great case in the Superior
Court this morning which had grown out
Of dispute over the possession of $50
bay mare Dolly" aud her colt. George
Seymour. the plainiid, was represented
by lilburne Chandler and Defendant
Gebhart Dettrich's cause was championed
by William s. Hiiles.
George Seymour is a miller residing in
Chrlstiana hundred and Gebhart DIETRICH
Ia farmer of Christiana hundred Mr..
Seymour had bay mare for sale and Mr..
DIETRICH, wishing 60 buy the animal, se
cured her from Mr.. Seymour for trial,
aud the plaintiff alleges never paid for
IL. Two weeks after the sale, the mare
gave birth to colt. Still no. money
came
He then took out an action of replevin
and the sheriff took the mare and colt
and delivered them over to the plaintiff
The case before the court and jury was
TO declare that the plaintiff was the
rightful owner of the horse and colt and
TO award damages for the use OF
the mare during the time Dot-
trioh had them In his possession
George Seymour, the plaintiff, swore that
be is a miller and the renter this year OF
the Hillside mills. Ia the fall of 1890 he
bought bay mare called Dolly but
did not know her pedigree or age. la
1891 he offered the mare for sale and
DIETRICH, the defendant came to pur
chase her. He said. however, that he
had no money Witness said: "Ill tell
you what I'll do, DIETRICH, III let you
have the mare for week on trial. Then II
you like her, give me a note with ap
proved endorser for six months and the
mare is yours A week passed. Dett-
rich used the mare, but when ap-
preached by the plaintiff and asked about
[ he note the defendant sought to put
him off. He finally replevined the mare,
which in the meantime had given birth
TO a colt.
On cross examination witness declared
that he had not sent the sheriff after the
mare because she had then foal by her
side. but all he wanted was the $50 OF
sworn security for the same. He ad.
mitted, however. that he did not know
that the mare was with foal wnen he
sold her.
) George Murray. Of No. asa South
! Jackson street, testified that he bad lived
about one square from Gebhart DIETRICH
at Hillside Mills About the second weel
after the sale he heard Seymour say 4
DIETRICH that he wanted $50 for the mare
or some security. Dolly" was really
worth $40.
William Jarvis swore that he had sole
the mare to George Seymour for S4j.
Carrie Seymour, wife Of the plaintiff
testified to asking DIETRICH for the not,
and security or for the money. Mrs
George Murray was with her DIETRICH
only laughed and said "Well, I've g0i
the horse and you cannot do anything
Mrs George Murray corroborated this
witness.
Deputy Sheriff Charles Il. slmmon,
swore that he replevined Dolly" and
her colt and delivered them over to the
plaintiff.
Defendant Also Wants Damages.
Mr. Hilles, in opening for the defense
said: This is rather a small wood pile
but there is large aud full
grown negro in it somewhere
? seymour had mare which he
thought was not valuable one
; and which he disposed Of TO DIETRICH,
> taking COW and two young heifers ai
Z security The cattle we're taken as col.
lateral for a note for $50 which Mr. Sey
J mour still has
This is a case where both sides claim
I damages aud, as the defendant Is NO
now in possession Of the property WI
, claim damages for the full amount Of the
J horse, $50 "
4 Dietrich Gave Security.
? Gebhart DIETRICH a small but honest
= looking German swore that when hi
+ bought the horse, he gave a note for six
? months time, with COW and two heifer
] as security. He signed the note whicl
Seymour wrote in "his little reom" a
the MILL Before the six months had ex
pired however, Seymour became rest
less and had the mare taken away by th
p sheriff after he had cared for a col
n which was born just two weeks before
"Where did you get the goods that yo
y hid in Jennie Acorn's barn3" was th
lrst question Mr.. Chandler asked oi
, cross-examination. The witness answe
could not be heard for roars of laughter
"Did you not take hay and fodder fr0I
Q Susanna Peirce's barn2" This was MI
e Chandler's second question and everybod
I'm the court room laughed The ques
4 tions were ASKED TO attack the credibIlit
of the witness but he denied any all ega
tions or blemish on his character.
u VERDICT FOR DEFENDANT.