| Show DISPUTE OVER LAND MRS am vj W H CUL A damage suit c cover fincel thousand dollars damage pa wednesday moraine m the first district court before judge judd tho case of mrs marks vs W H culmer efa al came on for trial tho plain tin wag represented by david evans george sutherland S E churman and G S varian the attorneys for the defense were arthur brown J G sutherland and mcbride a jury was called and duly paneled em and the case stated by mr george sutherland for the plaintiff and mr arthur brown for the defense daf ense the fast witness called was mrs marks tho plaintiff sho testified that a little over a year age she built a house abc eureka containing four rooms it was a frame structure finished in the ordinary manner at the time the men throw out the furniture and the articles in the house uno the street I 1 had in money in a bureau in my bo droom a watch and chain worth 70 three gold rings worth 35 a roll of imported bilk worth 76 a silk dross 30 another worth 40 and still another worth 50 there wore three other creases worth two pairs of earrings and necklaces valued at 70 carpets valued at and throe trunks of underclothing fully worth lace curtains 25 bracket fixtures etc 76 table 35 chairs loungo GO tables bedroom suite mattresses 50 bedding stoves 65 mats clock 25 ladys cloak 60 shawls 1191 the witness enumerated a list of other articles such as jewelry slippers bovea vases pictures crockery curtains cur taina cupboards etc etc which footed up several hundred dollars making a total list of property thrown out of the house valued at between two and three thousand dollars the witness gave a minute description of each article before fixing its value and where there were any historical facts attached to any article recited the facts notwithstanding the frequent instructions of the court for alio evi dence to ba brief the testimony of the witnesses in appraising the articles thrown out of tho house consumed nearly all of wednesday mornings session of court the witness fixed the value of the house at it would have rented in eureka then at 20 por month continuing her evidence the witness said on the of december last was in eureka saw john T sullivan there am acquainted with W H culmer delos lombard C tompkins mrs had a conversation prior to the dato in my store aia mrs who told me that mr culmer wanted to see me I 1 saw him he told me I 1 had ion of his property I 1 had built a house on the hill and he told me he owned that ground beating that he claimed the eureka hotel property which included the hill I 1 was surprised asked him why he fenced it or put up a post denoting owe he wanted me to pay for the land or else he would tear down the house I 1 said mr culmer gaor sake dont tear down the only homei ever had just as I 1 have built it I 1 told him the law would protect me he said holding out his hand law I 1 have got the law right here I 1 subsequently met mr culmer and asked him if he still intended to tear dowa the property and he said yes that he had six men engaged to do the work I 1 asked the justice of the peace dick tome for protection and he said h possibly could not that the law gave mr culmer authority to take any forcible means to retain possession of his property about 11 one morning soon after I 1 was in my store when sullivan said if I 1 would go into the new house ho would read a judgment against nae I 1 did so ho said did you know that judgment by default in the amount of 25 and costs can be entered against you I 1 asked him in what case ho told hii I 1 told him no but I 1 would pay au under protest acl then dij JL had to give up my house I 1 told him the judgment of the court did not call for such a thing ho said it did and that ho wanted mo to get out right away that I 1 got one moment to lose I 1 asked him time to consult an attorney but ho would not grant it he then loft but beloro doing so docu tizol a man to tako possession of the place I 1 locked the doors and after a while hollivan Sol livan camo back and demanded me to open the house I 1 told him I 1 would do BO seeing he was an officer of the law they then commenced tearing down the place I 1 would not go and sullivan took hold of mo by the hair or my head and commenced dragging me out of the house at this abato of affairs tho witness was completely overcome and copt so as to be compelled to leave the courtroom fred mccaril was than called and testified that he was present m eureka ahila the bouso in question was in process of construction saw culmer thore he wanted tho house pulled down I 1 told him I 1 wish to do BO he said there was mony in it and that he would bo responsible I 1 told him I 1 wanted to bo on abo safe side mr culmer was present he wanted me to pull it down right away did not accept the job was present when the house was being pulled down a roan by the name of hansen was there the material was aued on tho ground saw tho household goods piled outside they were left there beveral weeks in a brokel condition y and remained there till snow camo cross examined no one was living in the house at the time of tho conversation with calmer it was in an unfinished condition had never spoken to culmer before the reasons culmer gave for wanting the house torn down was on account of the ground being his property and mrs marks was trespassing tres passing I 1 agreed to assist him but 1 was not called upon to do so the house was partially pulled down when I 1 arrived upon the scene the furniture was lying all around did not BOO mrs marks there deputy mclellan Mo Lellan waa then sworn be deposed to being in eureka january of this year saw the remains of the house and some furniture in the snow moved tho effects it appeared as though it had been piled up in a rough manner dont recollect seeing anything broken but the articles were spoiled with snow and water lydia stanley was put upon the stand and testified to sullivan reading certain papers to mrs marks on the morning of tha tearing down of the house sullivan told mrs marks ehe had to get out of the house mrs marks told him she until telegraphed to a lawyer sullivan then left mrs marks locked the house was inside mrs marks went in her bedroom and was there when sullivan and the posse came sullivan ask edher to open the door she told him she would if he turned his men away she had two pistols in her hand and told sullivan she would fire if he did this was in response to sullivans threatening to break in the duji if she did not open it I 1 went into the cellar when the row commenced as I 1 was afraid of danger I 1 left mrs marks lying on the bed she was in that position when the men broke in the back door sullivan and hansen both told aae to get out of the cellar I 1 did so they then commenced tearing down the house I 1 heard everything that was going on in tho cellar but could not see mrs victoria fair deposed to seeing sullivan douglass and hansen on the morning of the tearing down of the house saw sullivan break into mrs marks house by the back door and heard mrs marks scream douglass and hanson followed sullivan into tho house and dragged mrs marks out her feet dragging on the S round they took here to judge anas office and commenced comen ced demolishing the premises soon after they broke ia I 1 could see them plainly from where I 1 was there was quite a crowd around and a great deal of excitement cit ement delos lombard was next sworn was in court on the of last december when judgment was taken against mrs marks by default mrs had a writ of execution in her possession the day after I 1 examined it judge sutherland inspected the execution and asked me if sullivan was a good officer I 1 told him ho was one of the best in the country curiosity was my bole reason for wanting to seo the writ I 1 did not say nt one time to a certain individual that I 1 would give him 50 if he could induce mrs marks to leave tho camp I 1 would have left myself if I 1 could at the time cross examined I 1 never saw any part of the tearing down process I 1 know whore the house stood but always it safe to keep away boom there at the time of the fisher lunching lynching lyn ching I 1 was on the disputed ground with tompkins who showed me around his premises tompkins claimed possession pos and ownership of the land then it was fenced the land fronts and borders on the main street at eureka have lived in euro ka eighteen years there had never been any improvements made on the disputed property till mrs marks built there W H culmer was next called and sworn I 1 was in commissioner hills court when suit was instituted by mrs tompkins against anna marks for the recovery of this land I 1 was a witness in the suit it was on the of december last cross I 1 directed judge sutherland to take proper steps to mrs marka of the ground mrs shea testified that looking through her window sho could see mrs marks now house saw some men go thero on tho day in question sullivan was with them they wore armed with guns heard some noise did not seo mrs marks leave the house saw meu taking things out of mrs maras house they piled them up outside the things remained there several weeks mrs marks the plaintiff took the stand and resumed her testimony sho said gus howard pointed a gun at me and ordered me out of tho house as I 1 was being taken out I 1 heard them tearing the roof off the men dragged mo over the fence that was around tho ground through the corral over mrs ground through the street till judge danas office was reached when dana said deputy direct that woman to the jail meaning gus howard if you dont want to direct her to jail tell john T sullivan be will do so I 1 was not placed in custody at that time was taken to pat in a team where some one was placed in charge of me I 1 remained in custody till christmas eve no warrant was read to mo before being taken from the house on the day it was torn down but a few days after while lying sick 0 warrant was road to me signed by S dana the witness then enumerated the articles taken back into her pos in the pro of deputy mclellan in january of this year |
