Out Seventy-Six Hours

The Jury in the Tubbs Higgins Case Agree.

Twenty Five Dollars

For the Defendant Was the Verdict and It Caused the Judge to Smile

The jury in the case of Mary Tubbs vs. Hannah Higgins brought in a verdict of $25 for the defendant at 1:40 o'clock Monday. It was a record breaking jury. It had been charged at 9:10 o'clock Friday morning and had consequently been out seventy-six and a half hours, the longest it is believed any jury has ever been out in a civil case in this circuit. They had been in several times and reported their inability to agree. After the jury came in Saturday and reported their inability to agree and had been sent back Attorney Cavanaugh, on one side, arose and moved that the court call the jury back and discharge it. Attorney Randall, on the other side, supported this motion but Judge Kinne would not grant it.

Monday noon the jury again came in and reported that they could not agree. They were sent back after a strong scolding from the judge, and with an intimation that he would keep them out until 2 o'clock. When they agreed at 1:40, the judge smiled.

The case arose over some bills assigned to Mrs. Tubbs by her husband, a drayman of Dexter. He claimed that it had been his habit for the past 18 years to go to the Dexter depot, pay the freight charges on goods coming to those Dexter merchants who were his patrons, deliver the goods and sometimes collect the freight and drayage charges; and sometimes he would take the freight bills home and file them in a drawer. A year ago he assigned them all to his wife and she surprised the Dexter merchants by presenting for payment a large number of bills covering these 19 years, and which the Dexter merchants supposed had been paid. Some of the cases were settled up. Mrs. Higgins resisted the claim of $90 and suit was brought.