The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1900-01-20
WESTMINSTER, MD, SATURDAY, JANUARY 90 1900.
An This About One Cent.

Justice John B. Mexican, of the York
vile Municipal Court in New York, ex-
pressed surprise according to paragraph
few days ago, because suit was brought
in his court for the recovery of seventy
five cents. sin all my time on the
bench, said the Justice, 81 never knew
of law suit for such small sum of
money! and he refused to dismiss the
case until he had seen the person who
brought such an action.
Had Justice Mexican been familiar with
the litigating propensites of the community
in and around the village of Wales Centre,
Erie county, in his own state, he would
not have displayed any surprise. Erie
county, back in 1874, had a famous law
suit over single penny. A Buffalo lawyer
in Washington on business, whose memory
was refreshed by the Yorkville incident
tells the story.
In 1874 Clark Rich, the village black
smith of Wales Centre, was the collector
of school taxes Norman Hall, prosper
GUS farmer, owed S6.04 school taxes
When Rich went to collect the money,
neither party could make the even change,
and Hall paid s6, agreeing to hand over
the odd four cents when he went to the
village. A few days later they met in
the village Post Office, and engaging in a
political argument each became excited.
The discussion soon ended in anger.
''Pay me that four cents school tax
you owe,' demanded Rich.
''There you are, gol darn you, any
how, Clark Rich,' shouted Hall as he
tossed on the county a five-cent piece.
"And I'll just keep the extra cent for
interest, retorted the tax collector, put
ting the coin into his pocket.
IF you do, said Hall, sPll sue you
before tonight. That cent belongs to me
and l don't owe you no interest nohow.
Pay over that cent, Clark Rich.
But Clark Rich did not propose to do
anything of the kind. ~ won t do moth
ing of the sort, he retorted, sand if you
want to sue, just sue and be damned. ),
In less than quarter of an hour Hall
had appeared before Squire Isaac Gale, a
Justice of the Peace, filed his bill of COM
plant and had summons issued. The
case was fought by Rich at every point
and the best lawyers the community af-
forded were employed. Joseph Shearer
represented Hall while the interests of
Rich were cared for by Josiah Emery,
father of present Justice Emery, of Buff
falo, who is nov on the Supreme Bench.
When the case was called Rich demand
ed jury trial. Six men were sworn in
after much quibbling and quarreling on
the part of the litigants and their lawyers,
and the taking of evidence extended over
the greater part of week. The jury
disagreed. A new venire was issued; a
second trial followed; the same tedious pro-
cess of drawing out the testimony was gone
through with. Again the jury failed to
reach conclusion The third trial finally
resulted in verdict for the plaintiff in
the sum of one cent and costs. Including
attorney fees, this case involving single
cent and growing out of quarrel for
which there was never any good reason,
cost each litigant more than $50. Hall,
however, was fighting for principal, and
was satisfied Rich was likewise satisfied
to pay for his fun.
The case is without parallel, so far as
is known to the relator, in the legal history
of New York.