The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-09-04


between where we're standing and the buff
which shows that this amt your property
Then, again. if you'il sort Of chuck your
church Is a good forty rod to the east Of
US. You've seen the deed of my property,
and 1t says, Beginning al the northwest cor
ner of the church and running west two
degrees, north forty rods be the same more
or less to the bank of Mill river. | know
you do, too.''
What are you driving at. anyway" ex-
near ycu reeiting poetry about this and
that. You're on my land, and I'll trouble
you to get off it, pretty blamed quick, or
Mr. Ephrsim CALDWELL said Smith, with
iapored ponteness, we've been friends go
ing on for three years and I'll take good
zeal OF cheek from friend. But you've
no call to accuse me of trespassing on your
property. and even if l was trespassing
cuse me OF reciting poetry-a thing no man
ever knew me to do. / mentioned the de-
seription in that there deed because it de-
scrlEes the property that were standing on
at this identical minute It's my property
and consequently it amt yours. 1 was go
ing to say that for old friendships sake Id
be glad to have you come and camp with
me till such time as we could study out
together how to find that missing property
earthquake; but / can't allow no man to
use language to me- and when you say that
I've been rec'ting poetry. consider. that
you're using language that you ought to
be ashamed of I'm anxious to do the fair
thing but when man has mslaid his own
me to hand it over to him. he is going a
little toe far. | must therefore request YOU
Ephraim Caldwell. ESQ., don't rightly
know what your middle name is-to bring
thishyer painful interview TO a close, and
l wish you good afternoon" So saying,
Smith Withdrew to his cabin, and Caldwell
sought temporary shelter in one of the
abandoned cabins of Persepois.
II Smith was indignant at what he re-
garded as the impudent attempt of Caldwell
to order him off his own property. coupled
with the loathsome accusation of having
quoted poetry. Caldwell was in towering
shameless persistence in Jumping his
land. He was aware that there had been
been felt, though not severely at Syracuse.
He knew that Californian earthquake was
capable Of performing surprising feats. but
ne refused TO admit the possibility that an
earthquake had swept away a substantial
cabin and a large and fiourishing garden,
and had moved another mans house and
having somewhat relieved his mind by a
prolonged communion of the Smith family
from the remotest period and in all its
branches. he .stroled through the valley
and made a thorough examination of the
intelligent man, he yielded to the convic-
ton that his house and land had been
buried under those of his former friend but
this knowledge did not in any way reconcile
him to his loss. THAT there skunk" said
Caldwell addressing the tottering steeple
of the meeting house. sis squat ting on my
property and he can't excuse himself by
saying that he brought few thousand tons
OF earth along with him and buried my
land out of sight. That only makes his
conduct more particular low down. I want
my property. and Smith amt going to keep
me me % our of i. Hes got to move, or get
In spite of the apparent threat conveyed
in Mr. Caldwell's address to the steeple.
he did not intend to appeal to the revolver
except in the last resort. He spent the
night in his temporary shelter. and the
next morning returned to Syracuse in
nf he sonf 70 hot he
gentleman who held the office of coroner
was the only lawyer in Syracuse was only
one of the reasons why Caldwell sought his
aid. He argued that inasmuch as his prop
erty was buried. and must be eXhumed be-
fore he could resume possession of it, a
coroner was precisely the sort of officer
who would be entitled to jurisdiction in the
case. That view of the matter was instant
ly adopted by the officer in question as soon
as Caldwell had explained TO him the nature
of his business. you've come to the right
shop MIR. Caldwell" he exclaimed IF your
poses a corpse in the eye of the law, and
it's my duty to sit on it at once We don't
geu 90 any JIy 70 an aaIr Ha Ne tnsd
after I've viewed the remains of your land
I'll tell you what the law expects you and
Smith to do about it; and I'll charge you
about half what you'd have to pay any
other lawyer that you might send for be-
tween here and Frisco"
When Caldwell and the coroner arrived at
Persepolis they found Smith gloomly culti-
waiting his potatoes and inwardly mourning
the loss of his friend.
Hullo. your cried Caldwell. Here's the
coroner. come to look into your conduct.
I'll thank you to produce that there prop
erty of mine without any more shilly-shal-
lying and reciting of poetry
Excuse me- Mr.. CALDWELL interposed
the coroner; you've put this matter into
show myself I've come sgn 1 he continued Jed a te
dressing himself to Smith. ito view the
mains of our mutual friends real and per-
sonal estate, which I understand are buried
SON ewhere in this locality. I shall have to
trouble you to produce them"
was my friend" replied Smith slowly lis
situated about fourteen or fifteen feet-I
can't be certain to an inch or so-under-
produce it if could. but don't exactly see
how it's to be done
Gentlemen" said the coroner. "in order
to DO things regular and according to law.
] will now proceed to open court. Mr..
Smith, call upon you to put in evidence
the deed by which you claim this prop
The deed was produced and carefully read
by the court. and the decision was made
that beyond doubt the property upon which
Smith.
said Caldwell that this man does own the
top of the ground claim that it's his duty
to take it off my property in double-quick
Hold on" said the court. "You say your
property. lies underneath the defendant
Smiths, land?"
'And l don't" replied the coroner "Ac-
cording to law. man who owns real es-
tate owns from the surface of the earth
clean down to the very center of it, That
being the law, ] don't see how your land
can be underneath the defendants"
st don't know nor care nothing about the
law interrupted Smith. Mr.. Ephraim
Ca1dwelTs property is fifteen feet under
meath us. and all the law in California can't
change that"
"Of course" said the coroner. eff you al
NIT that Mr. Caldwells land is underneath
yours. that admission is good in law. So
We'll consider that the wherea bouts of Mr..
Caldwell's land is fully established. Now.
sir, will you produce that land, that I
can proceed to hold an inquest on t?'
LAS ! told you before replied Smith, II
don't see any way of producing it,
IF it can't be produced, then the court
will not order it to be produced. A court
of law never orders anything that is impos-
sible except in marriage cases. We will
now proceed to take evidence as to who
buried the plaintiffs property"
1T was buried by an earthquake" said
Smith.
do you admit the truth of that state
ment?" asked the coroner, turning TO Cald-
we'll.
Naturally do" said Caldwell. Didn't
/ tell you down to Syracuse that an earth
quake had done it %
Then your only remedy lies against the
earthquake" said the court THE defend
ant didn't bury your land. and therefore
you have no case against him. Both of you
criminals should say gentemen-will now
stand up and listen to the sentence of the
court which is that the defendant Smith
is at this minute on his own property, and