Smyrna times., 1932-12-14

great deal of interest in this sec
ton because of the number OF
persons interested in its outcome
who have been caught in the fast
and loose" combination of Coe and
Wilson. The facts in the case are
briefly as follows: the farm in
Kenton hundred originally belong
ed to John r. Wilson but was
bought by Russell Coe to cover a
debt for phosphate which Wilson
had sold as agent. The property
remained in Mr.. Wilson's hand and
was managed apparently as before
the change. A laborer engaged by
Wilson, in lieu of the money which
he could not get, took an obliga-
.tion for $40 which was transferred
to w. Denney Wilds who ordered
an execution and sale which was
made. In view that a claim of
ownership was set up by Coe, Con-
stable English before proceeding
demanded security which was CIV
en- by the parties above named,
against whom the suit was
brought Except the constable the
other defendants were buyers, and
the stock was sold as the property
of John r. Wilson, who is claimed
to have been the agent of Coe and
not the owner of the cattle. The
total amount sought to be recover
ed by Coe was $191. The latter
contended that between the time
execution was entered and made,
the property was transferred to
him. The ground Of the suit oc-
Cured previous to the passage of
the act by the Legislature which
permits parties in civil suit to
testify in their own behalf, conse-
quently none Of these defendants
were allowed to take the stand.
Mr.. Harrington exhausted every
effort to have their disability re-
moved as it was highly important
to this case that they should be al
lowed to testify and other proof
introduced. He asked first for non
suit for all the defendants except
the constable and when after a
long argument that was denied, he
put the matter in another manner,
but with the same end in view, by
asking the Court to instruct the
jury in regard to these three.
Judge Comegys, because Coe had
formerly been a client Of his, pass
ed the argument over to Judge
Houston to hear, who said the de-
fence in his judgment had a per
feet right to bring witnesses to
prove the property as Wilson's but
Judge Wooten vehemently opposed
on a technicality, the defence
bringing in any witnesses except to
estimate the value Of the stock
taken. Mr.. Harrington spoke for
about two hours Friday morning
in which he managed to get in by
one plea or another much of the
statements he was debarred in get
ting in through witnesses going tc
show that Russell Coe had no claim
to the property and that John r
v Wilson was and always had beer
\ the owner. Mr.. Bates said thai
not only had they failed to prove
that it was Goes property but hac
proved conclusively that it was the
property of some one else. He
said it was John r. Wilson's from
the beginning Of the contest HI
was the agent for Coe for the salt
Of the phosphates but outside Q.
that he had no connection witt
him. Judge Houston charged th'
jury and said there was but on
plea-that of the general issue
which had been entered by the de
PENDANTS. The plaintiff was no
called upon to show anything
further than the fact, that tn
goods had been taken away tn
defendants. His Honor then ex
planned why the Court had refuse
to admit certain evidence submit
ted by the defendants as such test
imony would have constituted
special plea and could not be al
: lowed. He concluded by saying
: the plaintiff is entitled to recove
at all, he is entitled to recover tn
: full value of the goods taken, wit
interest from that date until tn
J present. AS soon as the charg
: was finished Mr.. Harrington file
) exceptions. The jury returned
: 1910. In answer to the usu;
: questions the foreman stated the
] they had agreed upon a verdiC
awarding $148.26 damages to tt
plaintiff. Mr.. Harrington intenC
to bring the case before the Coul
of Errors and Appeals where I
will have the full bench and not
subject to an individual arbitrai
ruling. The contest in this ca!
: started over $40 but the aggrega'
costs to both parties will amour
! it is said, to $1,000.
PERSONAL-Miss Mary c. Be