The morning times., 1895-07-24
0VerreaGhed Himself in Getting
His Pound of Flesh.
STOPPED FROM FORECLOSING
Times Lawyers Defeated His Efforts
TO RepIeYin the Household Goods of
an Old Soldier-Constab bles Were
Lenient-The Shylock Hears Plain
Words From a Druggist.

Shylock Newman's replevin case fell
down on him badly yesterday in the court
of Justice O'Nein. This master money
maker completely outwitted himself In
his eagernesS to turn the family OF an old
Union soldier out into the street.
This veteran borrowed $50 TO pay the
funeral expenses of relative, and after
sundry payments by them, Mr.. Newman
claimed that they still owed him $50.
He thought he would replevin everything
in the house, on which he had deed OF
trust
The case came up befroe Judge o'Nein
yesterday and it was mighty funny. Messrs.
Ralston & Siddons appeared for Mr.. Koerth,
the defendant, and Mt. Greed NJ. Fulton for
the plaintiff Mr.. Newman, himself was
present
A week ago Judge o'Neil granted the writ
OF replevin and inst ructed Constable
| Swinbune TO execute it. Mr.. NJ. +. Rue,
| also a constable, went along as amicus of
the other constable, but unofficially. Mr..
Newman went to the Koerth house also
to see that the constable got everything in
sight.
TREATED THE CONSTABLE.
| he undertook To be judge and jury in
the case and forthwith appointed Mr.
| Rue as the private constable TO take
charge of the property. Mr.. Rue went in.
| The family treated him very kindly, showed
him over the premises, and called his at
tention especially 10 the piano, which is
worth about 500, and twice as much as
the debt OF Newman and the costs of the
suit. Mr. Rue had a quiet, nice dinner
with the family and then went out to take
a constitutional. When he left the house was
| locked and when the de lure and de facto
| constable came along he was not in position
TO seize the furniture, as II was ali INSIDE
| of the house.
Mr.. Newman got mad with his special
constable next morning and twItted him
with having permitted himself to be locked
ont. An extension until yesterday was
permitted" by Constable Swlnburne, and
Yesterday the whole business came out I'D
court.
IL was claimed by Mr.. Newman's attor
new that Constable Swinburne had not
I made a true return, as he had, in fact, re-
| turned nothing and the attorney gave
lnotice that be would file petition to
have the constable make proper return.
Mcssrs Ralston & Siddons objected TO
any delay, as they were not responsible
for the manner in which Mr.. Newman had
tangled the proceedings.
GOOD FOR SWINBURNE.
that he couldn't and wouldn't make any
better return. MI Newman walked up and
down, cooling himself with a fan on which
there is believed TO be no mortgage, and
Judge o'Ncin exhibited evidences Of be-
ing tired Finally he consented TO let
| the petition be filed.
The attorney for Mr. Newman agreed
not to get out any additional replevln
writs, if the attorneys for the defendant
agreed not TO remove the goods. MI.
Koerth wanted 10 know why any body sup
Dosed he would move his furniture out OF
| his own house, and then the court ad
| iourned Judge 0'Nell lighted IrCSl
cigar and Newman went out 10 study up
the subject of special reuleyin deputies
who dine at the houses of debtors and ther
go out for walk
Newman was taught a salutary lessor
by a prominent druggist on street sat
urdav afternoon. Mr.. Gill, who owns the
candy establishment at Eleventh and /
streets got into the clutches of Newman
10 the extent OF a note for 500, on whlci
he received $40 cash, Newman receiving
one OF his usual clamped ana rFetec
deeds of trust.
NEWMAN on THE RAMPAGE.
The druggist had been kind to the cand.
man in his financial troubles and Loaned
him many TIRES as much as Newman Il
tide over his troubles.
Newman, who is just now on the rampage
gathering up furniture, hauled up In IRON
of the candy store on Saturday with tw'
1 constableS and wagon to carry OF nj
mortgaged stuff The druggist went owe
and took a hand Newman began pointin'
! out the things he wanted carted off, ant
when he got through the druggist politely
but firmly, instructed the Officers TO lie
the things remain in statue quo. Then New
man ravpd and fumed whereupOn th'
druggist denounced him In unmedsureC
terms as a disgrace to the community.
The druggist eventually ordered Newman
off the premises The incident wound u
4 bv Newman not getting the stuff. IN
druggist took charge and the constable
took his receipt. There VIII be more @
this case on the 25th instant.