Delaware inquirer. (Wilmington, Del.) 1859-18??, 1859-11-26

sell who was directed to communicate with tn
prisoner and inform the court how soon HI
would be ready for trial. The counsel statct
he would be ready on Wednesday.
The court called Samuel Mechanics case
when Mr.. Cleaden appeared as his counsel ant
stated that he was not ready for trial.
In the case of Captain Martin, his counsel
Mr. Gordon stated owning to the absence o
material witnesses, the case was not ready fol
trial
Steamboat Thomas A. Morgan against VIM
+. Pitfeld, Mr.. Cooper asked for rule Ito en-
ter an appearance and file a Narr by next Mon
day at IL o'clock.
Mr.. Patterson asked for rule that the late
Sheriff 0gle show cause why he detains costs
to the amount of SAC 90, which has been col
lccted by two different Sheriffs in the same
case, which was that of the Wilmington Saving
Fund Society against Pyle and others. The
rule was granted.
The court stated that such motion should
be based upon the affidavit of the party ag-
grieved, and took occasion to say so to the
members of the bar generally.
In the case of Allison h Fay against Abigail
Ann Branann, Administrative of James Bran
nan decd. Mr.. Nields, Counsel for the defence,
asked leave that an appearance be entered on
the docket, the matter having been neglected
| by the Counsel. Mr.. Gordon for the Plaintiffs
objected, because if the rule was allowed and
the appearance entered, the only defence that
could be set up was the statute of Limitation,
which would not be proper to allow it to be so
pleaded against a just claim, after the Counsel
on that side had neglected to appear at the
proper time Mr.. Nields stated that he had
requested the Prothonotary to endorse his
name on the docket, thinking he had power to
do SO, which had not been done.
| The Court stated that in such IL case it was
allowable, where Judgment had been entered
for want of plea, that the judgment be taken
off, and made to plead only the merits of the
case and not any technical plea.
The Court allowed Che motion of Mr.. Nields,
and his name was endorsed on the docket ac-
cordingly. The Court ruled that the filing OF
an affidavit of defense was equivalent to an
appearance The Court said that it was re-
quisitc that Attorneys enter their names in
their own proper hands, so that ever after they
would be prccludcd from denying the appear
ancc which they could do if the name was
written by the Prothonotary.
In the case of Scott / Hamilton against
Sheriff Ogle and Others, Mr.. Wales asked for
leave to appear for the defendent. This was
case where Sheriff 0glc had attached property
in the hands of Sheriff Willard for rent in ar
rear. Scott h Hamilton came forward and
claiming the goods and chattels, had them
replevined in the hands of Mr.. 0glc; the case
had been entered on the docket, and nothing
further having been done with it, Mr.. Wales in
order to push the suit to II termination asked
leave as above stated, TO appear for the dcfen-
dent The Court granted leave.to appear. Cor
don for the Plaintiffs.
The Court ordered the recognizancc of Tho
mas NJ Hartman and Jacob Hartman to be for
feted.
Mr.. Patterson asked leave to amend the
Sheril's return to the writ in certain case in
which he was interested as Counsel
TUESDAY AFTERNOON.
Samuel G. Simms was admitted as an attor-
ney and counsellor.
State u.s. Joseph Martin.-Indictmen for as
saut and battery. Geo. G. Gordon for defence
Plead not guilty The charge was an assault
and battery on Harvey W. Crossley. The par
ties live in Red Lion Hundred.
Harvey w. Crosslcy, sworn.-Thc trouble
between Mr. Martin and me, was about some
potatoes which Mr.. Pyle and Mr.. Martin had
raised on shares. The potatoes had been di-
yided, and on Sunday morning Martins wife
came to get some of the potatoes, when told
her that the potatoes had been divided, and
where she could find her husbands share;
Martin came into the house and assaulted me
with broom handle, and finally drove me up
stairs. and after his brother had separated us
and came down, he pursued me out-of-doors
with sword
Cross-examincd by Mr.. Gordon.-I work for
Mr.. Pyle and live with him in part of Capt.
Martins house was in the kitchen shaving
when Capt Martin attacked me. Capt. Martin
/
to this matter; was sitting down when Capt,
Martin came into the room he came close
enough to strike me with his fist he appeared
very angry he asked me why had stopped
his wife from getting the potatoes; told him
l had not he then stepped toward me and
told him to go away, that did not want any
thing to do with him he then picked up
broom stick and struck me on the head with
| it; we then clinched and tusscled awhile, but
got apart and went up stairs, Mr. Martin fol-
lowing and striking at me; We clinched again
| up stairs his wife expostulated, and told me
| to let her husband go; they sent for Mr.. Mar
tins brother, who came and parted usi Mr.
Martin then went into his own part of the
house; when saw him next he was at the
head of the stairs he ran me out of the house
and down the lane; never told any person that
had fight with Capt. Martin and bled him
like pig might have said something about
| him bleeding like a hog.
The prosecution here closed, and Mr.. Cor
don stated that on the part of the defence they
should bring witnesses to testify to the charac-
| ter OF the defendant.
Geo. u. Tybout, sworn.--I have known de-
PENDANT; have a high respect and esteem for
him, and he bears the character of one of our
best and most respectable citizens.
James Huston, affirmed,-I know Mr.. Cross
ley when | see him; was ina field near Capt.
| Martins house in cOmpnny with David Martin