The Bourbon news. [volume] (Paris, Ky.) 1895-19??, 1922-11-17
CIRCUIT COURT

Tuesday morning, when Circuit
Judge James C. Dedman, of Gym.
thiana, special judge in the place
of Judge Robert L. Stout, who is
ill, upheld the validity of the con-
tract in the case of the association
against Garrett Watts, wealthy
Fayette county farmer, overruled
his demurrer to the association s
petition and gave judgment against
Watts for 1926 and costs in the
case.
After examining the demurrer,
which was filed by Judge George C.
Webb, of Lexington, representing
Mr.. Watts, Judge Dedman signed
the judgment. Because of the fact
that there was some question as to
the amount of tobacco actually
grown by Mr.. Watts, and, there
fore, of the amount of tobacco he
should deliver to the association,
the judgment against Mr.. Watts
was made 1926 and he pays the
costs of the trial.
This decision, which will not be
appealed, confirms the right of the
association to the delivery of crops
pledged to it, as the judgment of
the court is that "the contract
sued on herein, which is one of a
number of identical contracts en-
tered into by the plaintiff with diff
ferent persons, is binding on the de-
PENDANT as a member of said asso-
citation, and is believed by associa-
ton officials as most likely to pre-
vent further attempts at dump
ing" by members disinclined to re-
gard their word as binding when it
may conflict with their immediate
financial interest, in their opinion,
to do so. q
Judge Dedman's judgment in full
follows:
Nov comes the defendant, Gar
rett Watts, and files his demurrer
to the petition of the plaintiff here
in, which is noted of record; and
said demurrer being heard, and the
Court advised, it is now adjudged
that the contract sued on herein,
which is one of number of identi-
cal contracts entered into by the
plaintiff with different persons, is
binding on the defendant as a.
of said association; and it
is further ordered that the demur-
-er of the defendant to the plain
lifts petition be, and the same is
hereby overruled.
"Now comes the defendant and
lies his answer herein, which is
noted of record and there being a
question as to the amount of to-
oacco which is owned and grown
by the defendant in the year 1921,
he law and the facts are submitted
% the Court; and it is now ad-
Judged that the plaintiff, Bufley
Tobacco Growers Cooperative Asso-
cation, recover of the defendant, !
Watts, the sum of $325.O0 and it's
,osts herein"
A. the hearing before Judge |
)edman the Burley Association was !
represented by the legal firm Of /
Talbot & Chapman, of /
lexington and Paris, and Worth 4,
ngton & Reed, of Maysville. Mr..
Watts was represented by Judge |
George C. Webb. Of Lexington.
Following the adjournment OF
when only the usual mo- /
ion hour business had been trans
Icted and a number of cases as
igned for trial, Judge Dedman
allied Court at nine o'clock, Tues
lay morning. A number of visit !
ng attorneys were present from i
'ther places.
The case of L. T. Leach, who was !,
:harged with having sold a guam
ity of moonshine liquor to Joe
small, in May, was called for trial
the call of the old ordi-
larry and Commonwealth cases. /
4each's attofney was given until
me o'clock. Tuesday afternoon, in
which to prepare his case. The en- !
ire afternoon was consumed in Sc !;
curing the jury, twenty names be-
ng drawn before the panel was fin !
lily filled. Small testified to hav- /
ng purchased a pint of liquor from
leach on the occasion mentioned.
This was denied by Leach. The
testimony of number of witnesses
n the case was heard. After argu-
nents the jury retired, returning
n about forty-fve minutes, stat !
ng that they were unable to agree.
they were then dismissed. While
each was in Jail awaiting trial he
'roke out and left for Saskatche- /
van, Canada, leaving a note stating
hat he was leaving because of con-
litions in the Jail. He later re-
urned to Paris and was re-arrest-
ID. There are other charges of vio-
ations of the liquor law filed
4gainst him, including an appeal
o a conviction in the County Court. !
Judge Dedman stated that on
lext Monday, Tuesday and Wednes- !,
lay it would be necessary for him
o be at the session of the Robert
on Circuit Court, at Mt. Olivet,
INF that he would ho in Dorfc IN