The herald., 1896-08-15
READY TO REPEL BOARDERS
Peculiar Circumstances Attending an
Ejectment Proceeding
Both Sides Hold the Fort and Neither Will
Give Up-LiveIy Rows Which Prom
ised BIoodshed

The Carlton block at No. 243 Soutl
Spring street was the scene of pretty
ruction yesterday afternoon and even
ing, the result of a dispute between
landlord and tenant, and the affair al
one time seemed in a fair way to result
in bloodshed.
Capt. c. j. Ball owns the building
in question and leases the upper stories
to Mrs. Kate F'itzsimmons. who con-
ducts a lodging house. Mrs. Fitz-
simmons has a lease which does not
expire until a year from December, un-
| der which she pays 800 per month.
There is clause in the document which
provides that at any time she does not
pay the rent promptly in advance the
lessor may take possession of the prem
ises without further process.
Capt. Ball claims that the woman
owes him $35S rent, having been delin-
queut for over three months past. He
had a chance to secure another and sure
raying tenant and after consultation
With Mrs. Fitzsimmons on July Goth
served her with a three days notice to
pay up or leave. Up to the present time
she has not gone. On Thursday after
noon she was informed that she must
positively leave and to this, he says, she
consented. AT that time Capt. Ball. with
her knowledge put in two watchmer
ramed Martin and Jones, who We're to
represent him in the possession Of the
premises.
1t seems that the furniture in the
house is mortgaged to a money-lender
who, realizing that it would be practi-
cally worthless if taken from the build
ing. and being unable to sell the mort
gage to Captain Ball, determined to
make a fight to retain possession. Ac-
cordingiy several of Insleys men were
hired and went armed to the place Mar
tin and Jones were on hand, and the
new comers attempted to force them to
leave. This they refused to do, when
they were threatened with arrest
Then. being unable to coerce the Ball
men from the premises, a guard was
placed in the stairway and no one was
allowed to go UP stairs without the
landlady's consent. Things remained
in this state until Jones went out for
supper an dwhile he was out an attempt
was made to eject Martin by force. Jones
was at the foot of the stairs and heard
the scuff1e and ran up, but was forced
down and made to go out upon the
street.
In the row he blew his police whistle
and officers arriving the fight was stop
ped with Martin still in possession.
Meantime Captain Ball had been sent
for and appeared on the scene shortly
after o'clock. He attempted to go up-
stairs, but was stopped by the guard,
who was deputy constable Ball at
tempted to force his way up and a
scuffie ensued. The captain alleges that
the guard attempted to throw him
down stairs, whereupon he drew re-
volver and threatened to kill anyone
who tried to eject him from his own
building. Again the services of the DO
lice were called for and the fracas
queled with no arrests
The display of firearms at this junct
ure was profuse. Down stairs Captain
Balls son had rifle in hand. The cap
tain had his revolvers, while up on the
top landing revolver. shotgun and rifle
were held to repel boarders
Martin still held the fort upstairs with
Jones on the sidewalk. The guard sat
on the hall landing and kept everybody
out. Mrs. Fitzsimmons stood her
ground and declares that she will con-
tinue to do so until the matter is set
tied in the courts. Efforts at compro-
mise were made and Captain Ball offer
ed to remit the rent due and paw her a
bonus of $10N if she would get out but
this she refused to do, and he saws
stood out for $500 premium. The case
will be brought into court today unless