The citizen. (Frederick City, Md.) 1895-1923, 1897-12-10
DIR. WAGNER LOSES.
Judge Morris Decides Against
The Famous Litigant.
NO PROOF OF GENUINENESS
OF HIS 1000 JUDGMENTS.

OC lilo 11jOOO " LIZ III Elm 10.
On This Ground the Frederick
County Commissioners Won
The Judgments Were Exhibited
in Court in Large Trunk, Done
Up in Bundles of Thousand
Each-They Are Retained By
the Court.
DIR. Harrison Wagner yesterday,
says the Baltimore Sun of the 4th inst.
Saturday LAST, lost his suit to recover
nearly $4,000, 900 from the County Com
missioners of Frederick County. Judge
Morris, in the United States Court, be-
fore whom the case was tried without
jury; decided that there was no pri-
ma facie evidence of;the validity of the
1000 6magistrate Judgments against
the County Commissioners upon
which DR.. Wagner had based his
claim. a verdict was accordingly rem
'dered tor the Commissioners.
The certified copies of the alleged
judgments filed a trunk, which DIR.
Wagner had sent to the court from
Washington Yesterday morning. These
judgments purport to have been Oh
tanned before the late Justice Haynes,
Inl- 4 Nnn n..h 10, frr
and Sl.3O costs, aggregating 81, ia, 800,
the interest making up the sum of
Sl,S75,3l5 claimed by DR.. Wagner.
When the trunk had been taken
into the courtroom all the papers it
contained were offered in evidence,
and upon them DR.. Wagner's case was
submitted 10y his attorney. John Whar-
ton Clark, of Washington. The papers
were done up in neat packages of 1000
each, labeled and tied. The eleven
packages filed the trunk.
w. Irvine Cross, of counsel for the
Commissioners, objected to the judg-
ments on the ground that the alleged
certification as TO the signature of the
magistrate by the Secretary of State
was nugatory; that they did not show
that the defendants were summoned,
and that the magistrate had no juris-
diction in the cases. If tAe magistrate
had jurisdiction, Mr.. Cross argued,
there would bel no limit to the juris-
diction of justices of the peace. All
that would be necessary, no matter
how large the amount sued for, would
be to split it up into suits for 500 each.
Mr.. Cross was proceeding to elaborate
hio inf Ia, ri,
Judge Morris, who said that he would
like to hear from DR.. Wagner's attol-
ney.
"Uness you prove the magistrates
signature, that is an end of the cas- 4"
the Judge said to Mr.. Clark. "As.
Stunning that these papers are sufficient
to prove Judgment, you are obliged
to prove the signature of the magis.
trate.n
"The magistrates signature is proved
by the certificate of Secretary of State
Milligan to that effect" Mr.. Clark re.
piled. "The Secretary's certificate is
conclusive proof of the signature Of
John Haynes, the magistrate. That is
the proper and best evidence. The
papers show everything-tirst, the
judgment as entered IN TIE docket, and
second the certificate of the justice
Every step is properly set out. AS
understand, George w. EtZler, one OF
| the Commissioners, was summoned
and was present when the trial took
place. The only way the jurisdiction
| of the magistrate could be attacked was
by appeal, and that was not taken.
The defendants have slept ON theiI
rights. The jurisdiction of the magis
trate may not be attacked here. Dr.
Wagner gave the magistrate the money
to purchase the dockets in which the
judgments were entered. There must
have been several dockets. l do moi
know where they are, but it is not
necessary to have them here"
Judge Morris rendered his decision
promptly. Zone objection meets us al
| the threshold of this case,u he said
''and until that is removed there Is nc
use of considering any other. Objec.
ton is made that the judgments are
not properly proved. Until they are
so proved there is nothing before the
court The signature of the justice is
no more than the signature to any
other paper produced in court. The
Secretary of State cannot certify to the
signature to a paper, nor certify that
he has examined the cause of action,
and certainly not that he has examined
the judgment and found it correct. H.
may certify to nothing except as EN-.
powered by the legislature, and Ger.
taiuly mas not the power to certify to
the magistrate. And | so rulen
Commenting on the alleged certifi.
cate of the Secretary of State among
the papers, the Judge said: ut cannot
be supposed that any Secretary of State
certified to that. Ii is far beyond any
power given, and contains great mass
of facts Therefore, | hold that these
papers, without considering any otheI
objection, are not sufficient prima facie
evidence of the Judgment, as there
has been no proof of the signature. The
verdict of the court is for the defend.
ant"
An exception to the courts ruling
was taken toy Mr.. Clark, and the case
may be appealed. Judge Morris decd.
ed that the trunk full of papers should
be kept in the custody of the court, as
they had been filed in the case.
DR.. Wagner, who took the result Of
the trial very quietly, returned tC
Washington in the afternoon. He was
formerly manufacturer of proprietary
medicines in Frederick County, but ht
now lives in Ohio.
FREDERICK CITY MARKETS