The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-07-10
ITINERANT HORSE CASE.
AN AWARD OF 500 TO MRS. LEWIS IN
A

Tho snit was brought In west Orange Orig
~inniiy-The Defendant Declares That SIC
VIII Try Newark Next-IntercstinE Testi-
nony ofEHports ne to tho Nature of 'sacks."
ORANGE, N. j., July 9.-Tho orange District
Court was crowded to-day with farmers. livery
mon, horse dealers, and veterinary sharps, who
werc assembled to hear the evidence in tho
celebrated horse warranty case Of Lewis VS..
Dlecks. The suit was originally brought before
Justice John B. Lander and o Jury at West
Orange, but was discontinued on tho ground
that a change Of venue was necessary to secure
exact Justice, owing to the intimate relations Of
the defendant and members Of the Jury.
Mrr. Josephine Lewis. the plaintiff in tho case,
bought a horse from AL Diccks for S125. and
after q months trial she found that, though
represented as sound, 1t was unsound. She
asked that Dlocks be compelled to take the horse
back, return her R125. and pay her 80 cents q
day for Its keep while she had It.
Judge Charles B. Storrs. who was the plain
tiff's counsel at Judge Lander's court, did not
preside at the trial to-day, his scot being filled
by Judge Thomas N. McCarter Of Newark. Tho
plaintiff was represented by Lawyer David r.
snovor. A jury was impanelled, among whom
were Mayor John Gill. Assemblyman Potter b.
Fairchild, and some Of tho best known business
mon Of the Oranges.
Fred Lewis. . son Of tho plaintiff, testified that
the defendant had orally warranted tho horse
and had promised to give q written warranty
later az to its soundness. Charles Schweinler, o
son-tn.law Of tho plaintiff, swore that Diecks had
told him tho horse was perfectly sound, and his
syidepce was oorroborated by his coachman.
E. n. Ogden, Q veterinary surgeon of Orange,
brought Q bag OF bones and q miniature horse
Into court, and explained to the jury tho origin
disorders. He declared that the horse could not
have been sound on June 8, the date of the sale.
u th"s tbo s Salss' had .%o s@n 3seEs vines ons On stated sseS
a{yssss;," quorlod tho Judge. "wh.t arc
,"Jacks are spayips." answered the witness;
but q Jack would not make the horse lame fore
tlInos makes tho horse run easier."
Defendants counsel, Simeon II. Rollinson,
moved for a non.suit, on the ground that the
badly tangled up: Alfred Discks, The defend;
except as to one jack, but Immediately admitted
that he had promised, tho plaintiff q written
~fHT .STs \ whi Tsn he S had not ss ssp EsIf;hv whv h.
would be willing to purchase tho horse for 1928
when he was shut OF by the Court as not being
juryman at the action at Judge Lander's, and Is
Rwell-known negro horse dealer with an expe:
gpayinwas no detriment. There were many horses
IN the 0ranges with ,spavins and he did not
think the spavins In the horse In dispute were
also been on tho former jury, and who is a
blacksmith In Mortified. said he knew little
about horses. though he had shod thom for
thirty.nve years. This closed the defendants
cnse, and his counsel addressed the jury and
labored hard to show that since tho horse was
sold IL had been badly treated.
The Jury retired, and In q few minutes re-
turned with a verdict for the plaintiff for $92.
two legs and fame in front and behind, at $50.
The defendant Immediately gave notice of ap-
peal. claiming that he could not get Justice In
the Orange courts at all. and would try Newark
naNt