Evening journal., 1893-06-01
THE RICHENBERGER BE 7
His Wager With McVey
Brings About Litigation.
oAsECoMEs UP IN SUPERIOR COURT

=
But Richenberger Closes His Eyes-Not
Getting the Stake He Sues In Court.
There is going to be fun in the Su
perior Court as soon as the Hession dam
age case against the city is disposed Of
William Michael Byrne. one Of Whining
tons astu.e young lawyers will raise 1t
as the counsel for State Detective
Bernard J. McVey He will be opposed
by ex City Solicitor William T. Lyman,
representing Manuel Richenberger, the
well-known horse dealer of this city.
Mr. Byrne will act on writ of GER
tiorari. He will ask the upper court TO
reverse a writ of judgment of $35 and
costs awarded by Magistrate Lewis Sasse
in favor of Richenberger and against
McVey.
Defective McVey's appeal is taken in
one Of the most peculiar cases ever
known in the courts of New Castle
county.
Last September a number Of Whining.
tonians were on train on their way TO
Point Breeze race track, near Philadel-
phia. J. B. Green's pacing stallion
Saladin was booked for the days races,
and the Wilmington men wanted to see
him spin around the track in competi-
tion with other well known racers.
Detectives McVey and Witsil, Police
Officer Harry Taylor and Manuel Richen-
berger were of the party. The conversa-
tion was "horsey" and soon turned ON
betting Detective McVey said some
thing about betting $50 and Richenberger
offered TO bet him $35 that he couldn't
show $50. Now McVey only had about
| $53 and after covering the $50 it
would not leave him $50 to show
He reached back his hand for
| Witsips purse, but Richenberger
noticed the action and called halt
One on the detectives called the horse
dealer "beefer." This put Richen-
berger ON his dignity and he offered to
bet Witsil that he couldn't show him
500 Witsil took the bet. Richenber-
ger put $35 in Officer Taylor's hands,
and, after Taylor had counted It took Il
away. McVey and Wtsil tainted him
for the way in which be kept filling and
backing and repeated the charge that he
was "beefer."
This was more than RlchenbergeI
could stand He placed $35 in McVey &
hands Witsil promptly covered IL
while Richenberger was standing there
81 say you can't show me 500, said
the horse dealer.
"Well say that can, replied Wit
sill.
He had just received his quarterly
allowance from the Blue Hens nest ant
was flush. He counted out five $2C
bills. Richenberger shut his eyes, re
fused to look at them and walked to tn,
other end of the car.
The detectives saw his dodge. Witsi
could not show him 800 If he would nor
look at It and the wager hinged on thai
one thing.
4 Richenberger took sea- in the uppel
end of the car and began reading
business card of some time. Witsil anC
McVey saw theirop opportunity and graspeC
It. The former spread out the bills, an,
accompanied by McVey, slipped up OF
the unsuspecting Richenberger. Id
showed the notes between the card anC
the readers eyes.
McVey then paid the $25 to Witsil
Richenberger making no protest. Latel
Richenberger said It left him short oI
money and wanted McVey to give hin
the $85 aud take a check for the amount
Barney" couldn't see it that way, anC
supposed the matter was TO end there
Not So however, Richenberger had
/
practice and itched for revenge
Early In November he brought sui
against McVey for $35 in Magistrate
Sasse's court. He was represented b,
Mr.. lyman. After two postponement
the case was heard.
Richenborger swore that he did no
see the money when it was shove,
under his nose. The other mel
swore that he did officer Taylor wa
the only disinterested witness Hi
testimony was entirely in McVey'
favor.
Mr. lyman did not take his authori
ties to the office in book form, bot on
sheet Of legalcap paper. He elaine,
that the transaction was not wager
That the legal definition of the wor'
wager is money risked by two or more
, persons upon an uncertainty. II
claimed that Witsil knew he had tn
money in his pocket, and consequent
the element of uncertainty legally rC
quired TO constitute a wager was absent
McVey was his own lawyer and h
D could not gainsay what Mr. Lyman as
I serted, He had conducted his case YER
well up TO that point, but tlunked com
pletely when Mr.. Lyman turned hi
fools-cap authorities on him
Magistrate Sasse gave Richenberge
judgment for $50 and COSTS the latte
amounting to $l.56 Mr. McVey took a
appeal and Thomas McHugh became hi
surety in the sum Of SIS, lawful moue
: of the United States of America.
MIR. McVey learned one thing-tha
he must have lawyer who coul
answer Mr. Lyman when he began citin
authorities. He employed Mr. Byrne.
The matter came within an ace
being brought up yesterday morning
While the court was waiting for som
of Mr.. Birds derelict witnesses in tn
city case and the judges were itchin
: for diversion. Chief Justice Lore aske
. I. Mr. Byrne II he had not something
bring before the court.
. If it please your honor. was u
z. reply II have matter to bring befoi
you, but my antagonist is not here th
: morning
And who is your antagonist ~ ask'
ID the court
Mr.. Lyman, If it please your homo
: We had no idea that tie matter won
/. be taken up until some disposition hi
4, been made OF the case now before you
- He sat down with a broad smile al