The midland journal. (Rising Sun, Md.) 1885-1947, 1897-04-09
Circuit Court.
THURSDAY.

counsel in the case if they were
willing to continue the trial with
eleven jurors. The counsel for the
caveators expressed a willingness,
but the counsel for the caveatee de-
clined to proceed. The court there
upon withdrew a juror and con-
tinued the case until September.
In expectation of the attention OF
the Court being occupied with the
will case all jurors and witnesses
not concerned in that case had been
discharged until Friday morning.
Court therefore adjourned.
FRIDAY.
The first case called was that OF
the State VS.. Harvey Rutter, in
dicted for bastardy. Rutter en-
tered a plea OF guilty and furnished
the bond required.
State VS.. James M. Naudain,
called. The defence claimed that
they were unable to go to trial
owing to the absence of two mate
rial witnesses. The Court ordered
the case to be continued until Sept.
Naudain to renew his bail, and the
witnesses for the State to be held
under 5000 security.
The Court then heard the applica-
ton for an injunction prayed by
Gustayus A. Muller and Chas. A.
Brewer by their attorneys w. T..
Warburton and Albert Constable,
retaining the Cecil County Agri-
cultural Society from leasing its
track for the purpose of twenty
six day race meeting between April
1 and July 1, 1897, to others than
the petitioners. Said petitioners
claiming that exclusive privilege
under an agreement made last year.
The Court granted the order re-
straining said Society until further
order of the Court, and fixed the
next Wednesday as a day to hear
the motion to dissolve the injunc-
ton.
Court then adjourned until Mon
day the 9Th instant.
The Agricultural Society last
year sold the pool privilege for the
four days of the Fair to Mr..
Andrew F. Burns, who turned it
over to Messrs. Muller and Brewer
with the consent of the Managers
Of the Fair, and an agreement was
entered into. AS Muller and
Brewer had not up to within few
days of the Fair paid the sum
mentioned, the Managers deter
mined to rescind the agreement
under a clause in the contract
which they claimed gave them the
right to do so, and operated the
privilege themselves. The agree
ment also contained a clause giving
the purchaser of that privilege an
option for twenty six day meeting
in the Spring this year, said option
to expire on April 1, 1897.
Some time since the Society leased
the track to other parties for a
twenty six day meeting, which
meeting had been arranged to open
in about two weeks. Muller and
Brewer claiming the option under
agreement mentioned, ask the
Court to enjoin the Society from
leasing to parties other than them
selves.
How disgraceful this all appears
in connection with our "Agricul-
tural" Society. There is a homely
old adage which is, eff you lie
down with dogs you'll get up with
fleas." The managers of the
"AgriculturaF' Society should be
scratching all summer.
TUESDAY.
Court convened with Judge
Russum on the Bench. The first
case was the removed case from
Hartford county-Allen VS.. Moses,
suit for damages on contract.
William Montgomery, the colored
murderer of James Brown, who was
convicted of murder in the second
degree was brought into court by
Sheriff Mackey. Judge Russum
with few remarks, sentenced him
to nine years in the Maryland
Penitentiary.
A habeas corpus case of consider
able interest was taken up at 2
O'Clock and occupied the Court
until 5 O'Clock. Isaac Coslett, a
music teacher of North East, on
the 22d March had his daughter,
Lottie Coslett, committed to the
Female House of Refuge in Balti-
more on the charge of incorrigibility.
Hiram Spence, an uncle of Lottie
Coslett, and with whom she had
resided from infancy until about
two weeks before her commitment,
by John NJ. Falls, Esq, his attor-
ney, sued out a writ of habeas
corpus requiring the officers of the
House of Refuge to bring Lottie
Coslett before the Court.
Testimony was taken pro and
con from number of witnesses in
regard to Lottie's character.
Judge Russum summed up the
case and signed the order releasing
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