Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1868-11-26

m mi wi
Affected lie CONT as well as tbe .ndeocc III,
witness has been before tbe Can't several time,
In various capacities and feels fully eompetent n
times 10 defend lila own cnse.
HI,ird for niaintifT Wbitelev for defonce
' 'o
FRIDAY
Court opened at tle uspoI hour. Chisf .Justice
Gipin and Associate Houston on the bench.
The iurv m the cosc of lanes McftnnIev Eva
cutor q Georgn CIeaden ~. lanes TIeaden. re.
turned a yerdic In fnyor Of Plnniif for s5I0 ,yjth
Interest Ills verdict allows lanes CIeadcn aIooG
which ha naid him sr III, ,,,,,nns, n nnrcbs
woods 'i
Tho ems. of Charles JoI,tsou. fcol.l vs. James
q pirrson ,y.s resnmrd md ,iisr nrief ar,,,.
mrnfs by c,nnscI was slibmit.ri 10 the inrv who
nft.r n rief ,,,,s,nr, returned viii n yer,Iic, NJ
six .iuts and cnsts Il, f,vnr NJ p,nintiH v
| N,,,au n W. 90 patrin,, TiiI1n f.ord.,,
io- Plaintiff Patterson and Bnyard Tor Defendant.
Fr,,b t,,. s,.f,ln,,uts or thr rnnnsn II onnenred
mt IN an. mouth of hnril 1SGG the Pinintiti
hn,,s,t ID the D,irrd,ut !, lnt of gronnd IN thn
snnis sid,. nj srcnnd a,re,i hetw,en Madison aud
| Jr,I,.fson streets in ihc cjtv of WiminUtun Ia,
ali her lnot and mi 10 IN, mid far or Heed iycn
for ii,e lot until baildinps were erected and sold
| N. a. West prtpocded with the buildings but he
| cnming cnbnrt, s.rd ro, Tic want Of money and
| Inc workmcn having stopned thpir work IN mr.
rnr p,,ment w,,s made will, WIN. N West n broth
| er ~ defendant Nv Mr.. Dillon ~ which Nathan
g. West was 10 be- furnished win money by his
hr,,ther IN coniulclr lin, iu1ir Us Dillon nj The
sanc lifae living Vim. r. We.f d r,arnnlee in
| writing that wb,,, the hnildinps ner,. conducted
md ;he price agreed mon Tor the ground poi,l. n
deed would be given. The buildings bling fin
ishod Inc nu,chssa nric, If thn ,,rnnnd 90. o.r-
hernr,in,, jn,nort,lnnp ur their nancy fur Inhnr
apc material entered liens apaiust The property.
witch Oillo Maid al /, ,i.your, OF twelve pfr cent
and thyn ,s lined Il, ,,ruuerty which has been in
| hi. ppsspssiuu ever since N {; West then
| brou,,ht suit for The 'ircoyrry of the prire If
lnriry paid and lab n pcrlorncd in the erection
| of Inc house
| 4 yrrv lnr,re number ID. witnrsass wore sph-
| peonpd in thc case: Int WHEN the witnesses for
| paiutjtf were examined, aud one for lie defence
d recess for dinner was taken until q O'clock. ~
M when the case was given TO the iury. a settle
nent having been agreed upon by The parties
who without leaving tht box returned a verdict
| for plaintiff of s6dG.G2
| The Grand Jury, after n short afternoon scs-
| sion, appeared III Court and asked to be dis
charged until Monday, tie I'D, ut 10 o'clock, 4.
| NJ. The request was granted
| Robert McCanly IS. John w. Dayett-suit
brought Tor breach of warrant in sale ui horse
| George w. McCanly testified That he went with
| his father 10 Mr.. Duyett 10 buy horse Dayett
said they might dr,,eud uUou him ON the hunor
OF a man that The horse he wanted to sell was i,
sound gentle horse, and worked well in nil kinds
of harness except cart harness. In which he Mad
never tiled him. Noticed the next dny that tht,
horse was lame: he was also ba XIV. he would
balk in an open wagon and carriage; he was not
sound In ollrr respects his hair was rouph and
would not lay down smooth The horse was
bought February 23d 1867 for ,sJtiO fol which
father gave three notes, PAYABLE in Nav JuIy
and September. paid Nj. Dayett the frst n,,te
and told him the horse was lame. but he snid he
p,lea. ed not and then said he was alwnys little
| lame but thought he would outyrow ii. Father
refused to pay the second note traded the horse
on The IN day of September for n horse nat
worth more than $50; would not 1--WE more than
$40 for the horse.
John d. litter testified that he lind trr,,uentIv
sees the horse balk; the horst lame in the
MP would npt give more aoia aan 5 for the horse
horsc. and said that he Ind olvav, brr,, Iamr and
always would he: have had c1,,sidrrable cxne-
rinncc with horsea. womb INF IN vniuntio,, ~
him for he was Of no llse for ill., nur,os,.s va
Vim i,nker Sr tesiihed that ~. Lnn,v ti,,,
ho,. ,,J ina worcd Win III biu h, .v h, saa
.,,,nrii,,,e. with him Ind tnIl,rI ,vith Mr. M.
C,nIv about thn horse who nj one tin,r said n.
- nsi me kind If n borsc he was i""li",, rar
d., " Palmer Testified that Ia. Ind me-, ,hc
d,uul,,,r nf Mr. Met,onIv drivin,r The hnrse in
t, ,,,.d. n ri h.c,,np unr,,l, H. ,,, ~, ,, on,
~, ,',id mo hnrs,. In n,nvent lin rr,,n unsn,
,n I, ,arrin"e he sscn olao I'm, t, h"rsnp ~
,,,,7. '''S 80 """
Geor.c Rnker Had heard MI, D,vctt s,,, that
M hnrsn yea lome and th,t ,,,s ali tha, TO-
wron,r with him. "''
I,,,,ho, S.viu Saw 4 ~ n.,v,t, "a, f.l,s,,ou,
and .siad Mn what Linh ,,t a horse bc sni5 10
pninr, Me- i,,y he saiI :, .,.,rt horse sold y
az ~ ,,,,,,o n,,r.,. il IL. ali N aro ,,os g
pnth;u,, yvr,n,, ,yitl, lin, rnt,y ~ yna Iitl,,
Inn" vnrL,.,i win iir n,,,., lived ,y,,, Iinh,
McCanlv: the anrse was btlkv; he would balk
anywhere; ne t'iiksd urd y the saddle with me:
w"a y not give ivc dollars lnr bin did not say
mat Robert slcCahly hai better not tall out with
iur or WON'T turn witness Tor the other SIDE.
ihe examination OF this witness accustomed a
great deal Of amusement Tor the Coult and the
audience, during which and without coming to a
conclusion the C"nrt adjourned until 10 o'clock.
on saturday morning. .l...-=.
SATURDAY..
The case of Robert McCanly vs. John w Dav-
sSs..ii''',iy
me aheSeu Inthepess III .ne hoisc was .ah 1a
Mr. rut,e's"n "po"cu .'ie t'so ioi tnc "e.nuer
and stated mat ne eNpceteu 70 prove lhat tne
horse was, "hei soiu, eNactiy What inc warTnh'y
called Tor
Adam Dayett testliieu 70 SHOWING ' ine horsc IN
question:, tlat ~ was ~ 1ouu enaracter' hnew
something OF iotseo,ogy. McIany hau tolu
r WI, r., .1 ill., rs,. ,vas soiJ RI hnrs,. ,r,s
h',aa H., Wr Mncnniv S,,v In. hnr., Iast SIT
,lrdny In the possession of Jonathan Hand, Of
Appuauiuinink Hundred, who would not take
will McCnnly for the horse testified that he lad
funud three tnnrns in the ha,inch which produced
lin, mmcntss; took them out ami about Il quart
oil matter ran from the wunnd horse got well
4 number Of other witnesses were called, who
testified that the horse was good one
The ease wa, argued by counsel ard the Jury.
after an hours absence, rendered II verdict Tor
defendant.
~
~ 900
state, ise ul Whi Herbert, Sherlfi, VS.. 3. Her
acy--ac,ion on official bond. SUIT was brought
10 recover NE amount OF certain gopds sold by
IL. Il