Smyrna times., 1860-12-06
Case of Usury.
IMPORTANT LEGAL DECISION,
Delight Gardiner az gainst DR.. William
Daniel.

N''S 90 NUIUtHST az utnSt OT. William
Daniel
This was an important case, and must hive
very WIDE spread effect upon the money
lenders and shavers in this State. Gardiner
| tesides IN Ap2Oqulnlmink Hundred, and Dan.
Iels IN Smyrna. In the year 1853 John V.
DeaRyne' near neighbor of Gardeners was in
elhoo oFrassed circumstances, and being hard
pressed for money, applied TO Daniel for tho
,can Oh money Daniel at divers times loaned
MN money, until it amounted TO the sum Of
S493.4S for which Deakyne g.ve his ;"do
ment oond, and on which Gardiner niaoo2a a. ~
name as a security for tie re.pavment of tho
money. For the lo1n of this money Daniel
made Deakyne pay ten per cent sen;-.nnn
"iy' or twenty per cent. per annum, as a bo.
nus besides the six per cent, which the law
Allows Deakyne finally became unable to
pay any more money, and for the last ten per
cent: oonus he gave his note, to pay which note
MS mousse was seized upon and sold under the
execution, and In the end he was entirely bro-
Ken up and sold out. Under these circum.
st"nces Dellght Gardiner was obliged to salts.
| y the Judgment Bond mentioned above, and he
ulu SO IN September Of last year. In the space
OF time from 1858 to 1857, when Deakvne
ceased to pay any more money, the S492 4S
had increased under the ruinous system pur.
sued to s., showing the disastrous effects
of usury.
The case was conducted by Jas. r. Booth.
Esq, for the plaintiff, and VIM. G. Spruance
Esq, for the defendant. Mr.. S. defended his
client with much determination and tact: and
comoatted every point Of law raised 10 the
case with singular zeal and warmth. II soon
became very evident, however, to everybody
10 Court that he had a very bad cause; one
NUac nffo L.,
ing OF symIa'hy or regard. While, on the
o'nef hand Mr.. Booth brought out the facts
and the tal0 in behalf OF the plaintiff, in such
bold and startling truthtulness, as to seemingly
enlist everybody in his clients favor.
The case occupied the entire day. and after
argument by Counsel on both sides, Chief JUS
uce UIlpn delivered the charge to the iurv.
VINO retired, and after lapse of some time re.
turned INTO Court and returned verdict in
JGuor OF Gardiner for $493 4S, with costs off
sult' beng, IN the language of the Statute.
" me ~hote amount of the money lent" which
Is Is 'he penalty tor being guilty Of usury in this
State
Inc penalty is, that any person convicted of
usury shall pay to any person suing for the
same, a sum equal to the whole amount loaned
-one. hall for the use of the person suing, and
the other half for the use of the State.
TINS, we believe, is the second case of usury
ever tried In d. laware. A vast deal of inter.
est was manifested in the trial throughout.
The Prince of Wales, by the length ofbis vov.
age, missed the celebration of his nineteenth
birth day, Nov. 9th, which was very cntbusi.
astlc tie also missed meeting the Perkin War.
oecK style at individual who tried 10 assume
ms lltIes and prerogatlves during his absence. |
FOR on the llth OF November a Young gentle.
man OF respectable appearance and address pre-
sehted himself at the gate on Castle Hill. The |
'ehtlnels stopped him, telling him it was the en-.
trance only Tor the royal family, on which the |
stranger SAID al am the Prince Of Wales'-
Inc sentlneIs, thinking from his gentlemanlv
manners that this was the truth, presented arms
ana permitted him TO pass. In this wav he
passed several senIines; but in one of the into.
TO- Eassagcs OF the cat was met by one uftbe
royal servants. who inquired his business. al
I'm the Prince OF Wales" he said 'lnd am oo-
ing to see my mother, the Queen" The ser.
want said he would accompany him. calling tho
they discovered the stranger IN
De an insane youth ofsome twenty yeare ofape
named Harding, who had been recently discber.
5ed from private lunatic asylum as cured
Inc wealher'wlse having predicted severe
winter, the French bee-raisers a re burvine tbo;,
lVes, as the most effectual method of preservug
'ne Oees' for this purpose a trench is dug 10
ne depth OF a yard, layer of gravel laid in
me Osttom Ct the trench, table placed On the
'raVel and the hives ranged on the table and
covered with straw on all sides. The trench il
lIed with earth, lightly shovelled in. and the
'ees are left to themselves until the retu,n oil
rm weather. II is essential 10 the health
u the bees that the spot selected for the burioI
mould be perfectly dry and clean, and removed ,
rom the passage Of men and animals.
PRINCE OF WALES AT IIOME.-The arrival of
ne FrInce OF Wales in England elected the
Varmest demonstrations Of welcome and tho
Vellest evidences OF the attachment of the peo.
ie 10 MN and to the royal family. The En-.
nsh newspapers speak with enthusiasm oftbe
ma and cordial reception he met with in the 2
nIted States, and Lord Palmerston makes !,
he occasion OF warm panegyric upon Amer
'an character. The Duke Of Newcastle. the :
rlnce's faithful guide, guardian and friend. is
be distinguished by the order of the Garter.
PLANTER MURDERED by HIS SLAvE-Mr
ooert Williams. the weallhiest planter in r
aiIaOasha county, Mississippi, was murdered
one OF his slaves on the 18th inst, while Vi.
thg MS plantation, near Grenada. He at v
mPted TO chastIse the negro, who thereupon
llled him with an axe.
AN EDITOR IN LUCK.-Geo. Brown. oftba To.
INTO Globe, who with young chemist oaten,. ia
process of making printing paper ofs,row III
Is sold out his patent to parties in New York 81
r $S00,0O0. 9
II 10 common observation that there are more |
Here" from debility amOdg Amer Cans then con bo 4
una among any other civilized naIion The reason
DDV'ons We take too little exercise and forget the
ants OF the body in the absorbing pursuits of bus.