The Night They Broke Down the Fence at Lake Union

The suit of John F. Newman against B. F. Day for the restitution of certain property, which it is claimed the defendant unlawfully detains, came up in Judge Osborn's court yesterday morning, but after the jury had been sworn and one of the witnesses for the plaintiff called, the defense objected to the case proceeding further, for the reason that the complaint was defective in that it did not give a proper description of the property involved.

Judge Osborn sustained the objection, and the plaintiff was then given leave to amend his complaint, and court then adjourned until the afternoon, when the case was again called. This time, however, the notice served upon the defendant to surrender the involved property was found to be defective, and the defense objected to the case going on. Judge Osborn held that the defense's objection was valid, and the case was dismissed. Another suit will be brought, and the outcome of it will be watched with interest.

Newman, it is alleged, squatted on a piece of land on the shores of Lake Union and made extensive improvements there, erecting a float and partly surrounding it with a fence. The wife of B. F. Day claimed that the property belonged to her, and one night several men in Mr. Day's employ broke down the fence, it is alleged, and took forcible possession of the property. It was then that Newman began his suit to recover possession, and for damages.