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The Lawyers Glared

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

Au exciting case in the justice conrt Tnesday developed au intensity towards its close wbich indicates the effect of Gen. Eagan's vitnperation npon ordiiíary cool headed men. Au exarople set iu high military circles may be followed all over the conntry. The case was a replevin case brought by Hou. Chas. H. Whitraan against Adrián C. Hare, of Detroit. The goods replevined were a furuace 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 juilt for Mr. Whitman by Sheldon & Otton on an oral contract under which Mr. Whitman was to a&vance money to pay for material so that it conld be bought for oash. 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 aróse 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. Whitmau claimed that there was about $300 in mechauics liens which niight be placed on the house and that tbe work was not within $500 of completion. Sheldon and his partner left the work and took off sorne of the material. Previous to this Sheldou 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 scène 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 farnace. But at any rate he carne into the city at 10:15 a. ra. and at 4 p. m. had the farnace, which had a red hot fire in it when he carne, loaded on the cars. His men testified that it took abont an hour and a half to take it out. They were obliged to disconnect hot water pipes put in by plumbers, e te. 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 f 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 Kor $100 damages the full amonnt of the justice jurisdiction. It was dnriug the argumenta that the scène occurred. The court did not adjouru for dinner aud the lawyers were undoubtedly hungry. Mr. Whitman told how Sheldon had schemed to defraud hiin and how Hare knew that no inechaaics lein would lie beeause his farnace would not heat the house. He used some bitter words, as is customary amoog lawyers in summing up. ; Mr. Lehman made au argument for his cliënt in wbich 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 Whitmau's eyes. He began, "Seehere, Mr. ; rúan, what do yon mean by your ! sinuations 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 whiih must have been audible on the street, "You're a dirty, lousy . " The court pounded on his desk and fnrther interchange of epithets was stopped. After the few words which it then took to finish the arguments, Jxstice Duffy solemnlyjremarked, "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 ashatned to use such language in my presenoe. " He hesitated and continued "But we will say uo more about it and the court is now ad journed. ' ' It was 1:45. The case was taken under advisement by the justice.