The Newtown bee., 1909-12-03
The NeWtOWn Bee.
New Milford.
FAMOUS TOBACCO CASES
 SETH FED.
Newtown, Friday, Dec, 3, 1909.

SETTLED.
 The case of John Morrow, on an appeal from the decision of commits sioners appointed on the estate of the
 late William Schoyerling, was on trial, Monday, in the Superior court, before Judge George w. Wheeler. Ap- bearing in the case was a quartet of brilliant attorneys, States Attorney Donald T. Warner and Judge J. F. Addis for John Morrow, and Attor- neys Tweedy and J. Moss Ives for Mrs Schoyerling. J. D. Clark, who bought tobacco for William Schoyer- ling, was first put on the stand. He testified as to note book of tobacco sales he kept, which was placed on exhibition. Also a second note book, which was a copy of the first, kept by MT Clark's wife. John Morrow was next placed on the stand. He testi- fled John D. Clark came to his place and said he was buying tobacco for William Schoyerling. He said he would give 16c and would spray it; that after they sprayed the tobacco, the tobacco was their property and that there would be no trouble about it. MT Clark made memorandum of the sale in a little book. The first time they came to spray, they sprayed about 4000 plants. John Dodd and helpers did this work. After it was sprayed a lot of little holes appeared in the tobacco. I met MT Clark near Francis Baldwin's. What are you going to do with the stuff" MT Clark said MT Schoverlings instruc- tions were to cut it and ao the best you could with it. The tobacco was cut and hung according to the in- structions of MT Clark. After MT Schoverling's death we received not ice from Mrs Schoverling, as execu- trix, refusing to take the tobacco. Afterwards MT Morrow stated he sold the crop to J. Stuart Halpine for $75, which was as good an offer as he could get. The crop weighed 286S pounds. John Dodd testified that he was in the employ of William Schov- erling in the summer of 1901. That he sprayed the tobacco crop of MT Morrow and others. The spray was applied by compressed air machine. MT Dodd testified he mixed part of the preparation and MT Schoverling and Little Joe' mixed one batch. Our success was dependent upon the weather conditions. Herman c. Buck ingham testified he was employed by the Eastern Lounge Co. for about four years. At the time he was buy ing tobacco MT Schoverling talked with me about it. After I spray this tobacco" said MT Schoverling, q practically take possession of it. Andrew s. Buckingham testified he was employed by William Schoverling in 1901. MT Schoverling showed me some tobacco leaves burned through. He told me whatever he burned was his and he would take it. It was along in August or some time later. E. o. Sperry, next to take the stand, testified that he was farmer and had bought and packed tobacco for about 30 years. He stated the buyer had the right of inspection after the tobacco was baled. When it is de- livered at the warehouse the buyer had the right to reject tobacco that was not merchantable. Vincent B. Sterling, next to take the stand, testi- ! fled that at present he was tobacco packer. That he has bought tobacco for 30 years. He stated it had been l his custom to examine tobacco after [ it was brought to the warehouse. If it is all right, and contains no wet tobacco, no pole sweat or pole burn, | we weigh it up and pay the price agreed upon. If we find damage we try to adjust it. If we can't agree the farmer takes his tobacco home. The matter depends entirely upon the agreement entered into with the farmer. At this point recess was taken and later in the day it was an- nounced that the attorneys for Mrs Schoverling. had agreed with Messrs Addis and Warner, counsel for MT Morrow, on basis of settlement at the rate of soc on the dollar on their claims. This basis of settlement, it is understood, is to include some 20 odd farmers who had claims against the Schoverling estate similar to that of MT Morrow.