Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1896-01-02
THE CELEBRATED SPUD CASE.

THE CELEBRATED sPUD CASE.
Started as a Joke, 1t Gets Into Court,
and the Joker Pays for His Fun.
The waning hours OF the old year wit
messed an extraordinary spectacle in the
city OF Aberdeen, in which two Of her
prominent citizens were the chief actors,
and who furnished the fun for the crowd
while they carried on their joke. To a
thorough understanding it is necessary
to 60 back few weeks in the year to
about the 9th Of November, when as
Joseph B. Dabney was coming down
from Harbor Heights, carrying upon his
boots and clothing portion OF his pos
sessions which had attached to him dur
ing his labors upon the hill. On Heron
street, near Carman's hardware store, he
met John w. Farquhar, likewise de-
spoiled Of his immaculate shirt-front and
dressed in the garb Of rustic, out upon
similar Grand to that of Mr.. Dabney.
"Hello, john" said Joe, as they met,
chow are you selling spuds today?" ooh,
don't know" said John; "about two
cents pound, guess; how many do you
want" ooh, ~ take SACK" said
Joe, and at that they parted. But the
fun-loving John thought he saw an
opportunity to play a joke and he forth
with orders Mr.. Giles to send sack of
| potatoes to Joe from Tanners store.
which Mr.. Giles did.
Soon after they met again and John
asked Joe if he had received the potatoes,
about which the latter made some joking
denial. About the 18th Of December
John presented Joe with bill and
dunnsd him for the So; Joe refused pay
ment and presented a bill of 1926 for the
storage of the sack OF spuds, which still
remained up in his hall where it had
been left by Giles. A few days later,
carrying on the joke, action was begun
in Justice Andrews court, NJ. }. Cochran
appearin. for the plaintiff, and the de-
fendant j. b. Dabney, appearing for
himself, with demurrer to the COM
plant and following with an affidavit for
change of venue. a change was granted
to Justice Arnold, which brings the story
up to point with which we started.
The first witness called was the plain
tiff, j. w. Farquhar, who testified
solemnly to the transaction as related,
and that lie supposed Mr.. Dabney would
pay for the potatoes ordered, but, when
hard pressed by Attorney Dabney as to
whether he really thought Mr.. Dabney
in earnest, he evaded direct answer.
Mr.. Giles testified to the delivery Of the
spuds. Mr.. Dabney did not deny the
conversation, but claimed that it was
intended by both parties as joke; and
therefore no legal obligation was created,
and in support OF this contention called
to the witness stand II. r. Dabney, N. G..
kaufman, A. Payettc, f. l.. Carman and
Fred Redinger, to prove that Farquhar
had admitted the same to them. Kauf-
man testified that Farquhar had made
about the same proposition to him but
that he in his acceptance had been care
full to specify that he would take hun
dred tons, provided they were delivered
by 2 o'clock the same day.
Attorney Cochran fought hard against
The admission of the evidence of tho
last named parties, and undertook to
teach the debutante lawyer some rules Of
practice, but Attorney Dabney got his
testimony in, notwithstanding the objec-
tions. At the conclusion OF the testimony
the plaintiff announced that they did not
desire to argue the case, but the defense
said they did, and so plaintiff in opening
made brief statement OF the case.
The debutante then for himself piled
authority upon authority to prove that
unlers both parties at tho same time
agreed to the same thing no contract was
entered into, and grew quite eloquent as
he pictured the capitalist, John, taking
such proposition in earnest, who could
turn to the north and iguratively place
his arm around great bodies Of timber
and say, this is mine could 60 to Oregon
and say the same of vast bodies there,
and under the shadow of Mount Shasta
could cast his eye over vast reaches OF
sugar pine and likewise say, this is mine,
but Notwithstanding this eloquence and
the various authorities quoted, the judg-
ment Of the court was that the defend
ant, Dabney, pay for the potatoes, the
costs in the case and attorney fees. The
case will be appealed. The decision
elected considerable surprise.
Beware Of Ointments for Catarrl that
| Contains Mercurv