The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1906-10-23
ALL ABOUT A TIN CAN
Secretary BOnaparte Defend
ant in Law Suit.
SUM INVOLVED IS $2728
Baltimore Nei=hbor Wants Head of
Navy Department Ia Help Pay for
sewer, Which n Blocked During
stOrm-Mr. BonaParte Witness.

Baltimore. oct. 2z-Charlcs j. Bona
parte. Secretary of the Navy. anchored
of the City Court this morning and took
the stand before Judge Sharp 90 testify
as defendant in q suit for SIPS brought
by Mrs Eleanor Merryman. 4l3 East La
fayettc avenue To try she case will cost:
Judge, one-haIf day, s.. three bslifs,
one-half day. $50; one clerk. onc-half
day $50. court costs. about sd Total
$50 To this amount should be added the
lost time by Secretary BOnaparte and
Attorneys Joseph J.. Merrymsn, husband
of the plaintiff c. Dodd Mcfarland. asso-
ciato counsel for the plaintiff. and Paul
NJ Burnett. counsel for the defendant
Mr.. Bonaparte made an argument which.
IL he charged il up against himself ut
abe regular rates. would materially swell
the total
Row Trouble Started.
II was an expensive action. the basis
Of which IS one uu can. two inches FL
diameter, -four inches long. aided and
abetted by one lot of coffee grounds. one
collection of cougeaIed grease. and one
lot of broken csg-shclls. Because all
this cot into the sewer and backed water
into his house. and because Mrs. Merry
man had the sewer fixed mp at cost Of
about $50 and because 0Ir. Bouaparte To-
fused 90 pay "a share oC tie cost Mr.
Nerrymau IS making it interesting for
Mr. Bon3rarte for himself. and fOr the
entire ueighboruo0d. The suit is 90 TO-
cover what Mr.. Merrymau claims to be
just contribution toward "a common
fund for community safety. To is brought
by his wife. but Mrs. Merrymau did hot
appear in tho proceedings verbally OF by
documents as "a witness
Judge Sharp took the case under I'D
visemcnt. pending consultation with
Judge StockbridEe who with the late
Judge Eacr had some previous difficult
ties growing CIT IF the same tin can on
hs hands.
u wasn't HIS Can.
"The tin can could not have come from
my house. Sir. Merrym8n said. Il
have lived in that house twenty years.
and we never used such tiu cam It
had been testified that the plug in thc
.'T'' iu air Merrymau's house was fo,.aj
missing. while the adjoining houses had
their plugs. ana the defense had 5~on
trying 90 lay tine tin can at Mr.. Merry
mans door
Explaining The whole case from his
viewpoint Nr. NeTrymau said that fud-
ing t1e sewer stopped up. DC had jmme-
diately summoned "a plumber and left n'-
Uce for mr. Bouaparte of the pending
financial crisis incident to paving tue
bill Others agreed to pay their proper
ton
Mr. Bonaparte Witness
Nj Bonauarte took the stand He had
been previously sworn. lie was bland.
and smiling. and gentle. He bore no re-
semblance whatever 10 "a man VINO has
been called from the seat Of war by
tin can. He said that the house in ques-
ton had been occupied by six different
tenants during the period Of incubation
of the present trouble. When he turned
the property into an apartment house IL
was necessary to- connect by sewers. He
found "a sewer over which there was
dispute as TO ownership Before he would
pay his share he wanted TO be protected
by some paper. He understood there tr5d
been some trouble between Mr. Merry
man and DR. Ward
Il was informed that Mr.. Merryman
was IL very iitigious neigh
Who's Itigious. sir?' demanded Mr..
Merryuau. rising from his seat.
Well smiIngly replied the Secretary
Of the Navy. my information was that
you Were very litigious-'
I'm 40 more Hug0us than you are,
sir holly retortcd Mr. Merryman-
"WeH. my Information"
You had no such information, Who
said / was litigious2'
After which Counsel Burnett offered two
prayers They were both intended 10
throw the case out Of court on the
grounds that Mrs. Merryman had no
right to sue. and that no evidence Of any
sort OF proprietorship on her part had
been introduced Mr.. Bonaparte himself
took hand.
She Doesn't Own Anything.
Mrs. Merryman. p" he said. doesn't own
anything doesn't own the sewer-doesn't
own the house. She is only a tenant
Why. Your Honor, this lady is only
volunteer"
The arguments. in brief. We're;
For the PlainuT-That the sewer was
repaired for the common good, and that
on both moral and legal grounds Mr.
Bonapdrte was liable.
For the Defendant-That Mrs Merry
man had no right to sue in the first
place; and if that was 0verruled, that
the defendant could not be held for
debt concerning the creation Of which he
had never been consulted.
For the Tin Can-Tbat IL was two
inches in diameter, and four inches long,
and that it couldn't be held liable, be
cause under the law it was a vagrant
and had no visible means of support
Farming for Young Men.