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The Lawyers Glared

The Lawyers Glared image
Parent Issue
Day
3
Month
February
Year
1899
Copyright
Public Domain
OCR Text

The Lawyers Glared

And Exchanged Hard Epithets in Court.

Nearly Came to Blows

Hottest Scene Justice Duffy's Court Has Witnessed.

It Arose in the Replevin Case of Whitman vs. Hare, Where a Furnace with a Fire in It Was Removed From a House.

An exciting case in the justice court Tuesday developed an intensity towards its close which indicates the effect of Gen. Eagan's vituperation upon ordinary cool headed men. An example set in high military circles may be followed all over the country. The case was a replevin case brought by Hon. Chas. H. Whitman against Adrian C. Hare, of Detroit. The goods replevined were a furnace and pipes which Hare had taken out from a house which Mr. Whitman was building and which was in possession of tenants about the first of November. The house was being built for Mr. Whitman by Sheldon & Otton on an oral contract under which Mr. Whitman was to advance money to pay for material so that it could be bought for cash. The furnace was put in under a contract between Sheldon and Hare for $85 to be paid $50 down and the balance when put in. The $50 was advanced by Mr. Whitman and paid Mr. Hare. The balance was not forthcoming. Mr. Whitman, who was not a party to this contract refused to advance any more money until the furnace had been properly tested. At this point a dispute arose between Mr. Whitman and Mr. Sheldon. The contract price of the house was $2,800 on which all but about $250 had been advanced. Mr. Whitman claimed that there was about $300 in mechanics liens which might be placed on the house and that the work was not within $500 of completion. Sheldon and his partner left the work and took off some of the material. Previous to this Sheldon had written Hare that he couldn't pay him and he had better come up and take the furnace out.

So Hare appeared on the scene with a couple of men from Detroit. There was a discrepancy in the testimony as to whether he went to see Mrs. Whitman before or after he took out the furnace. But at any rate he came into the city at 10:15 a.m. and at 4 p.m. had the furnace, which had a red hot fire in it when he came, loaded on the cars. His men testified that it took about an hour and a half to take it out. They were obliged to disconnect hot water pipes put in by plumbers, etc. Mr. Whitman's contention was that as the furnace was cemented to the cellar and the piping so fastened that it couldn't be torn out without destroying partitions, that the furnace was part of the realty and was consequently his and that if Mr. Hare had any remedy it was by mechanics lein. He claimed that the furnace never would have heated the house and that he had to pay out $24 rent for a furnace to heat the house for a week during zero weather and $170 for another furnace, while the furnace that Hare replevined belonged to him. He asked for $100 damages the full amount of the justice jurisdiction.

It was during the arguments that the scene occurred. The court did not adjourn for dinner and the lawyers were undoubtedly hungry. Mr. Whitman told how Sheldon had schemed to defraud him and how Hare knew that no mechanics lein would lie because his furnace would not heat the house. He used some bitter words, as is customary among lawyers in summing up. ; Mr. Lehman made an argument for his client in which he said that Hare was acting under instructions from the man he had a contract with and that the house was Sheldon's until Whitman settled with him. He insinuated that Whitman hadn't paid for the house. A steely glimmer came into Whitman's eyes. He began, "See here, Mr. Lehman, what do yon mean by your insinuations about my not paying for property." Lehman started to reply when Whitman remarked. "Your are a liar and I feel like slapping your mouth. " Lehman glared back at him remarking in tones which must have been audible on the street, "You're a dirty, lousy --- " The court pounded on his desk and further interchange of epithets was stopped.

After the few words which it then took to finish the arguments, Justice Duffy solemnly remarked, "What shall I fine you, gentlemen?" Whitman said nothing. Lehman said, "I submit your honor that whatever I have said was said in self defense." The court continued, "You gentlemen are both older than I am. You should be ashamed to use such language in my presence. " He hesitated and continued "But we will say no more about it and the court is now adjourned." It was 1:45.

The case was taken under advisement by the justice.