Blue hen's chicken. [volume] (Wilmington, Del.) 1848-1854, 1851-12-05

Ms'srs Bradford and Gray Tor Appellant The
prosecution in this case is but a mole OF ascer.
aiming a right of property. The delnt has OBJ |
stiuc,ed no part oiihe pahl ROAD which he re
CARDS as belonging TO the pabr. he bought The
property here, anu holds il only as those from
whom he procured it held AMI use it. ne denies
that this is part OF Mlrkc, street. OF Of any
Mher street. laid ont by any asccrtairment Of ae-
iaa Wild alii he claims that ihe publ hal neI
light to use it only so far as sy have ieeli il.
The right to road may be Obtained by laying
!, out under an Act OF Assembly, or order oi Con
or by dsic aiipn and use. In the latter case, the
width OF the road is xed by the actual use aid
gnea 10 further
Mr. Bayarl replied
The Chiei jusice charged at II O'Clock all
might He stated the nature OF the rrocs ding
which, Though in form u plb,ic prosecution IN
the name of the state, and Tor a nisdemeanoF, wa,
in iict proceeding at the in lance OF the City
Council, to ASCERTAIN and elnsce the right pi the
bubble in reference 10 the streets OF Wilmington
AM defended by Doct. Tho nson not in any spir
Iii Of resistance 70 TIE las or dania ol pablo rights
but in the lawiul defence oil what he regards as
his rights.
: Public highways are established by being laid
ont under the authority of either special Act OF
Assembly or under e general law oil roads by or
der OF Court, or they are acquired by dedication
and use, the use for twenty years or Upwards be
ling evidence oi tie dedication IN either case the
limits of such rold OF street defined in the for
mer, by the whlin designated, ia the latter " the
- limits asceitainei by uninterrupted use.
Within the limits so defined any erection from
which an obstruction ari,e OF ne right Of way Is
d a nuisance II the Limits are defined, it does not
i matter whether the ohst' .ion is in place winch
e has been used by ihe public or not; IA have the
It right ts use it, The impairment nuisance.
.ycn nr,,s IN Nh p,"., "a" .,tn, ,
a. ,.,,., :. as,,,
J ,ro,,a IL AID ls,s,,,.,i, VIII. s,rse, ,.
Ia lis s,,,a, ~ a., - la,
~ lg, n,a,, n, ts5, ,.l,;,i ,,,s ,l,,i,.sI l.; 40;
i. ldenee il roi evidence ,r.rsl nf tbs rn,, but n,
aItAe local an and relative n,,i,nno f ,be and
. of their width nuI toues Ii lrom his framed
~ MO. or other evidence. the lurv thinl tsa mari
T. of Market street, the verdict should b against the
n, ilelenlMu il otherwise though the di,eota street
10 Of road rlnins To the front Of the bridge be pnb
IN Me road, the defendant cannot be convicted M the
- Iwilih of such ro does nor annsar IN tho ca,4and
p II il did amman ,,o,l nat ;is,;f- ,uv t;nn a.,
's rbargs Of oh.,,nc,ina NJ ,rl,s, s,ros,
r. Verdict not guilty.
er Mem faunier60-zO, S,,nrd.v eveoi,g noIire.
10 man Smith nj the Nathan Iibertie, arrested
N man namsd Thomas ilnine far drunkenness. i'm.
re on searching him quanii,y of counterfeit mo.
thy was found about his person. All the notes
III purporteJ 10 be three dollar notes upon the Del
III aware City Bank, The notes are exceedingly
u well executed, agreeing with the genuine, will
but one OF two uxcsplions-a hlemish being Oh
tn served in the execution Of Me head Of one oi iht
female figures in The centre vignette. The paper
nj Is rather poor for bunk notes not having beer
'h stained il is consequently rough. Fourteen wert
found upou the prisoner, amounting 10 forty
10 Two dollars. Knipa was held 10 bait $iu o
B,,uo,,,,,, IA Mo,d,v mini, ,r, ,o,...
IL alacheI IN ca,rana ang,,,s5 IN ,als I,d;.s 4,
d. Ilhe D4lawnr, n,lI ,ooL f9igh, and da.hed a.
y lony Third st,eet IN Mar,etetba wheel nj IN,
III lcarfisqe came off and he horses continued il
60 their mad rsreor Town M,,hst aGrsrt aaJ c,,n,
~ uear ,ash,ng ,n,o iha yndnv. If ,la a,a,ss n
ct Nlessrs- Armstrong and Campbell. They theI
e- made sudden turn and cam dashlng up Mar
on kel steel, when they were stopped by soiat
a citizens. The driver was in the carrlage The
d -. hale 4tms. t2ta,lY unable g hold them.
a BaI.-The "ked MEN, Z S''dgn-.- t.@ss''
lie citation Of this city, intend giving pail me
o. da r y, s vi Uni ss M sel
MI,
n N"D'fu'-oh SUNDAY mornlhg last, acoioTed
c. ,,m was cu'iu'i;'eu 10 Prison 'of fepSsng lhr
ID Laval q "ls' mem az .Ie corner oil rii'h ana
u -,
II H"e'0s' We regret 10 slhts mat Inc morse
= ~ our iflfhn' bet9' n, VIZ 2lef oil the lighl
ne rouse committed snlcide by hanging himself
u N nus Stable with halter on Thursday night
s %Jen as in's 'h'H"t ~ e"hslieted az ac-
e'" '. su'D,uu' AZ az was an am '"' "' 700
ue'' P',nop." - nu'fy himself IRON wo'ia OF
i. tsg rs 10 s dss,;nad "ItS ".u % ",,s .'e
Iv Jen,,,od s,aods yi,,Ta 81, ~, "
M oJ III 49,, - ''.'' w. 't'so ~.
~ ~. 49, Wv s' ,t,uen e,unue'eu ~
" .hose VINO aecepieu ltlehu tToziet hospltAll-
IS ity in cunning and fishing times oil account Of
10 hts speed, but his worst manners. il they lid
say that he was sotc, could not DENY that lie
as was sure. We hope that now he is gone, that
n that those who SO uniuslly ibelei him
W through lille, will make MIR. Crozier present
Of better one now he is dead.
C. No, I'm, E;,t,,rs.-Tba alt sx,,.os Il ~,
q Council Chamber, Clerks rom. Nlavor's oTi,.
+ and Court room in The Civ IlaIl. haye hsen re-.
q moved, and their Places supplied with chand,.
10 icrs for burning the gas OF lhe new company
IA They were put up by Messrs. Smylh and Pc
ierson' and give the fullest satisfaction.
ic a 6ood Yie'd-Mr Robert Ferguson, Jr., who's
-, IN m, Laws mar Nn,vatL raisad ill., mat ,a,,n,