Delaware State journal and statesman., 1862-10-31
LOCAL AFFAIRS,

EPlToME OF BUSINESS AND PERSONAL
lNTELLIGENcE.-Rev j. ii. Mcllyaine,
D. d., Professor in Princeton Theological
Seminary, will preach in the First Presby-
terian Church, Market Street, above Ninth,
next Sabbath Service in the morning l04
o'clock, in the evening at 7 ] o'clock.
Robert j. Hill, of Milford, received the
contents of a gun in hands and legs, which
was accidentally DISCHARGED, while he was
out hunting few days ago Fortunately
he was not seriously injured,
Judge Carmichael, has been released
tromsrort Delaware upon his parole, and
has reached his home in Queen Anne's Co.,
Md. His release insures the holding of
the courts in his district at the approach
ing sessions.
Twcnty-three rebel prisoners and mum.
Der of deserters from our army We're sent
to Fort Delaware on Saturday, by the Pro.
vost Guard of Philadelphia.
The Cavalry Company which had been
in Kent county, for the past two or three
weeks, returned to Camp Smithers, on
Wednesday. The other companies paraded
our streets the same day They presented
neat and soldierly appearance
The Grocery Store at the corner of FIT
teenth and Market street, is offered for
rent, and the fixtures Tor sale Apply to
VIM. Rice.
DANIEL DouGHERTY, Esq, of Phla-
delphia, will be present and address Il
Union meeting, at the Institute Hall, in
this city, ON tomorrow evening. Give
him an enthusiastic reception.
CALEB S. LAYTON rs RICHARD FRANcE.--
This was suit brought by the plaintiff to
recover five hundred dollars an instalment
alleged to be due on note of ten thousand
dollars signed by France Broadhents 4 Co.
the signing OF the note was not disputed by
the counsel for the defence, and the note
was put in evidence. John r. Melee, Esq,
testified that Caleb 5. Layton was acting ut
Dover during the session of the Legislature
of 50 as counsel for the defendant upor
cross-eXaminaton he testified that their oh
iect was to pass through the Legislature
lottery grant,
Jacob Moore Esq, testified TO the sam,
facts Mr. Layton then argued the case at
l great length. contending that the note wa
given for legitimate professional services
for drawing the lottery bill Sc, citing tho
authorities.
, Attorney General Wootten appeared a
counsel for the defence, and opened the east
to the Jury, stating that he should show /,
the Jury by the letters of the plaintiff him
self, that the note in question was given TO
an illegal consideration which the law look
>, ed upon as no consideration, and therefore
null and void being the engineering OF
= bill through the Legislature, and as far IL
u regarded legitimate professional services h
:, would show that the counsel had been NOR
Il than paid for all he had rendered, admittin,
- that he drafted the bill.
i Mr. Wootten then offered in evidence
: letter from Caleb S. Layton, in which he sal,
Z he had superntended the passage of tn
7 lottery bill through the Legislature, an,
j., another in which hs said, "if ha,
II known your real character you would neye
- have had your grant, and another in whiel
he said, j drew up your bill and was mainl
instrumental in securing its passage, and
fourth in which he said but for me you woul
o have had no grant
Mr. Wootten then called the plaintiff
i himself, who testified to having receive,
l. S4S33, when the evidence was closed. Mt
~ Layton then argued the case for three hours
urging that the consideration was u perfect
0 ly professional one upon which he had
= right to recover. lie was followed by Nj
>. oolen IN reply WHO urged al lhe hanus q
the Jury verdict on the two grounds tha
1t the S4s33, was ample payment for the draft
ing OF the bill and that the note in evidence
as had been clearly shown, was given for n
l. illegal consideration and contrary to publ
p policy. He reviewed at great length the au
i lhorities cited by the learned counsel, insis
u ing that none OF them applied to the case i
l. question. lie then cited authorities t
e show that note given for an Illegal const
!. GRAFTON was contrary to public policy an
Is therefore null and void, and asked the Coui
N to instruct the jury to that effect
.o The case was closed by IL lengthy argu
~ ment from MIR. Layton, and before the charg
of the Court, the plaintiff took nonsuit.