Evening journal., 1897-03-11
THE SHERIFF'S MISTAKE
Sold Shipping Belonging to the
Norfolk Timber Company.
FOR WHICH IT NOW SUES HIM

SOUTHERN FIRM CLAIMS THAT 1T
SUSTAINED A LOSS OF 81 ,695 AND
DAMAGE OF 500 BY AN ERROR
OF SHERIFF SIMMONS DEPU-
TIES.
Just as the celebrated case Of the
Norfolk Timber Company versus Will
liam Simmons was about to be taken
up In Superior Court. il was discovered
that Stenographer Mcdonald had not
arrived. An effort was made TO secure
another stenographer, but before one
could be found. Mr.. Mcdonald appeared
in court and submitted an excuse to the
chief Justice. which was accepted by
the court, and the case proceeded at
1890, with Samuel A. Collins as fore
man.
This being the last case on the cal
endar for this term, the general jury
not empaneled in this case was dis
charged from further attendance. This
general jury has been the busiest and
has served more days than any jury in
recent years.
SHERIFF SIMMONS SEIZURE.
Edward A. Bewell, president of the
timber company, appeared beside his
attorneys, ex-senator Anthony Higgins
and Philip @. Churchman. Ex-Sheriff
William Simmons occupied a seat be-
side Colonel Benjamin Nields, II. II.
Ward and J. Percy Nields, his counsel.
Plaintiff produced testimony to show
that Sheriff Simmons had wrongfully
seized and sold 226 pine piles at Della
ware City, on the Chesapeake and Del
aware canal, in Red Lion hundred on
August /, 1891. The value OF the piling
was Sl,695, and the plaintiff claimed
500 additional damage In getting a
steam lighter to Delaware City to en-
deavor to recover the RATS.
The RATS Of piling we're sent out
from Norfolk in charge Of Captain John
II. Wemple, and the piling became dis
arranged and some of it sank al
Delaware City. A steam lighter was
sent in charge of Captain Albert l.
| Hcagland, of Portsmouth a transporter
Of timber and piling. When Captain
| HOagland arrived to reload the piling
! George f. Shuster stopped him by serv
/ ing a writ OF attachment on August 6
and a written notice signed by Sim
mons, sheriff. and George +. Shuster
| deputy sheriff. Under threat of being
put in Jail at New Castle he abandonc,
the piling. and was obliged to 90 bacl
/ empty-handed to the Norfolk Timbe
| Company.
Captains Hoagland and Wemple wer
informed and shown paper writings t
prove that the piling had been seize'
on a writ of foreign attachment in ia
vor of j. L. Simpson & Co., plaintiff
| against the Wemple Lumber Company
j In cross-examination Of the varlou
i witnesses mentioned above, defenc
sought to prove, first, that Shuster ha
no authority to seize anything 70
Sheriff Simmons. but was simply actin
on a telephone message from II. 4
Ward, representing the Simpsons: ant
second. that the piling was being trans
lported to and in the name of and wa
seized as the property Of Charles
Nichols A long legal tilt followed thi
last point as soon as IL was brOugh
out in the cross-eXamination of Captain
HOagland
Reuben Anderson and DR.. Franci
] S. Dunlap testified to making the ap
praisement of the RATS and loss, a
the suggestion Of George +. Shustei
They we're appraised at 10 cents pc
lineal fcCt and the estimate was 1853
feet.
President Bewell, upon being recall
ed, testified to the ownership Of tn
logs-that they were positively tn
! property OF the Norfolk Timber Com
pany-and he remained on the stan
until plaintiff closed at 1 o'clock thi
afternoon.