Evening journal., 1914-08-26
lawyer IN COURT
ONTRESPASS CHARGE
Robert Adair Accused by
Horace G. EaStburn in
Lengthy Hearing
JUDGE CHURCHMAN
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1t was lawyer against lawyer when
the case Of Robert Adair charged by
Horace G.. Enstbmn with trespass, was
called in the City Court today 4 plea
of not guilty was entered by Charles
W. Bush, representing MIR. Aaair.
Mr. Eastburn testified he has owned
the property at the corner OF Eighteenth
and Washington streets for Two years
He leased the property to Robert Adam
and his mother, Mrs. Julia \. p. Adair
The lease was offered in evidence and
Mr.. Eastbum testified that he signed It.
he saw Adair sign IL and knew the
handwriting OF Mrs. Adair
Mr.. Bush objected TO the admission
of the lease without proof ot signature.
David j. Rcmhardt testified that Rob.
ert Adair informed him he had signed
the lease. The lease was admitted so
far as Robert Adair was concerned.
Mr. Easthmn further testified that
he gave notice TO the parties ON May
2G that hc desired them TO vacato lie.
Gently a Judgment was secured and
eiectment process Issued against lhe
tonants.
Judge Chmchman at this point asked
Assistant City Solicitor Lynn where ma
the books did the snnicipal Court get
Jurisdiction in trespass eases.
Mr.. Lynn read from the statute
that jurisdiction was given TO JUS
ticc of the peace or mayor Of CITY
Judge Churchman said the iurisdic-
tion of tho Municipal Court was de-
ened by the statute ana trespass is
rot one of the onenses. The under
standing of the Court Was that such
cases camn before the city Judge
AIR Ivnn said he understood that
/ the books report a case. II was the
Greenwood case, he said ana came
/ before a Justice of the peace and was
cerioraried and the upper court ue,,
cidod Hespass was q nuisance anu
came before the Municipal Court
Mr. Lynn said that Judge Churchman
H. sitting In the dual position as
Judge Of the Municipal Court and
| Judge of the City Court
MIR. Bush said he objected to such an
ARRANGEMENT. The case then wenl
10 trial i'm the Municipal Court.
Mr.. Eastburn testified that on An.
gust s he went 10 the house, No 22'
West Eighteenth street, with Con
stable Jones. and with men and teami
to remove the furniture. Mr. Adail
passed out of the house and after {
little while Eastburn said he tol'
Asair that he should not come back
and Adair said he would come back
Eastburn said he and Constable JOno
refused TO allow Adair on the proper
tv. Eastburn read the writ of dispos
session. The gates were closed, East
' burn said. and Adair proceeded q
come on the property and witnes
D caused the arrest OF Adair, and Con
stable Jones directed two police Off
GERS TO call the patrol wagon an
= Adair was taken to the police station
Mr. Eastburn was cross-eXamint
u by Mr.. Bush and said that Adair ha
promised 70 mash the witness FAC
p the first time he elected Adair WhC
put under arrest Adair was inside IL
! gate and on the property. Mr.. Eas
burn said He offered no resistant
and evidently came into the properl
10 be arrested. To get possession Z
the house IL had TO be broken inf
?, and he understood members Of n
u family we're I'm the house Twent!
nine loads of furniture and junk wei
removed from the house. Mr. Eas
, burn said.
3. So far as Mr.. Eastburn said ne knc
IS the writ of possession was served
e Mrs Adair. After the Judgment was 81
r icured Adair agreed 80 move IN ten DAY
e and witness agreed to give him (Adsii
e ana option on the property, Eastbw
d said
It Officer William j. Meams testih'
S that ON August is he saw Adair Z
I. from the street to the porch and msi'
IS the house. When he came out he wa
/, taken In charge by direction OF NJ
Eastbum and Constable Jones.
d Constable l.. G.. Jones testified th'
o Magistrate Lewis handed him a writ
d dispossess Adar lie went TO the Ada
property at Eighteenth and Washngt'
n streets. took q hatchet, cracked the VA
s. dow and saw Adair leave the hou'
Is Jones corroborated Mr.. Eastbuu 7
is eardine the election and arrest for tire
mass ol Adnir Some of the househo
goods are in the house vet. he said
= Constable Jones testified he got q
Is writ of dispossession from Magistra
If Lewis. The writ was read to Mr.
m Adair after the alleged trespass.
Magistrate Thomas S. Lewis ideni
m fed the entries in his record an
d testified he issued the writ of di
Ie possession.
Horace B. Groves testified he heal
y Eastburn tell Adair not to go ba,
Ie on the property. Adair went on q
property and was arrested
N The State rested.
20 Robert Adair testified that be hi
- not abandoned the premises when
- went to the telephone to get man
" follow the goods as he did not wa
them to be taken.
Sergeant Wardel told the W
ness that he had seen Mr. Adair
nothing to cause his arrest. Final
X Mr.. Eastburn read the writ of pc
o. session and then the patrol wag
III was called and four officers to-
Mr.. Adair TO the police station.
n- no time was the writ of pOssessi
read by Constable Jones.
H. In cross-examination Mr. Adair 4
MED that Constable Jones told h
about the writ He knew that the W
ee had been issued and he did not 81
IN a guarantee to Mr.. Eastburn 10 '
+ cate the premises in ten days w
.ei ness said Mr.. Reinhardt had made {
proposition to vacate the property
ten days and that Mr.. Eastburn wot
then deed the property and anoth
at lot to Mrs. Adair. A certain amou
ne of money was TO be paid.
OF The defense then rested Mr.. Re
d. hardt testified he was in Magistr;
IN, Lewis office on the dav the iudgmt