Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1870-12-08
New Castle County Court.

The Court charged the jury in the case OF
Mails vs.. Walther, in which the arguments were
finished the evening before. The Jury retired,
turned with verdict for the defendent, Walther.
lNote.-In our report Of Tuesdays proceed
ings we spoke of John II. Walther, father OF the
defendent as deceased This was mistake.
He is living in Pittsburg
The next case was that of b. j. Folsom ys. H.
+. Morrow on action of covenant under Dill OF
sale. Harrington for plaintiff, Patterson for
defendent. From the evidence it appeared That
Morrow had sold Folsom vessel guaranteeing
him clear title. Subsequently Folsom had TO
pay several bills against the vessel contracted
brought this suit to recover. The defence
moved for non suit on the ground that these
claims were for necessary supplies furnished the
vessel in her home port where the owners were
personally liable. The non silit was entered,
plaintiff for costs.
George H. Wood Va. Humphrey Morrow an
action OF replevin for goods taken by defendent
under a warrant for rent. Maris for plaintiff,
Bird for defandent. Non suit entered on ac-
count of the failure of the plaintiff to prove the
Adams rs Whitfen. Action for the obstruction
of a private way. Bird for plaintiff, Whiteiey
for defendant The substance Of the case Is
this: John d. Adams, and John b. Whitten own
adjoining properties on Fifteenth street between
King and French streets, in the city Of Whining
ton There was formerly an alley-way on the
property now owned by Whitten by which sccess
was had to the premises now owned by. Adams;
After Whten purchased the properly ne &c ciSssh t,
sides. The plaintiff claims that the right OF way
through this alley-way had been acquired by It's
use for years, while the defence endeavors 70
show that such right wasnever acquired and that
the privilege of the alley had been merely
privilege extended by courtesy, with the distinct
understanding on the part of the former owner
of the property benefited that the owner OF the
alley-way had the right to close it up whenever
he chose. The evidence was lengthy but only OF
interest to the parties affected.
THURSDAYS PROCEEDINGS.
The examination Of witnesses for the defence
in the case of Adams rs Whtten WAS concluded
and few witnesses for rebuttal were called by
the plaintiff. The examination OF the latter was
continued down to 12 O'Clock, wsen our report
closes.
FRIDAYS pHccEEDINas.
The morning was occupied by a case COM
menced the evening before. Shapleigh Us Stearns
| 4 Ouigley being a suit for the recovery of money
\ alleged to be due to plaintiff for work on rail-
| road for which defendants were contractors
Higgins for plaintiff, Gordon for defendents;
| In the afternon the crmil al docket was taken
| up again.
| The first case called was an indictment against
| Henry A. Timm young German. charging him
| with the larceny of two gold watches from Wm.
| E. Ellison. Verdict not tiuilty.
i Samuel Guest. c0iored. was cOusictou " as-
| sault and battery on James W. Burria, colored.
| and fined 81 and COSTS and sentenced to ten
days imprisonment.
lawrence TisAer, colorel. was convicted OF
assault with intent to kill on David Baston, col
ored, and sentenced to pay fine of $1,000 and
costs, stand in the pilory hour, on Decem-
ber 10th, and be imprisoned five years.
State as Wm. Camphor, colored, for the lar,
ceny of chickens Tried ard found guilty, and
sentenced to pay 50 restitution, and costs, to
be whipped 20 lasheE, OH December I'D, to be
imprisoned six months, and wear conyicts
Jacket six months thereafter.
Hugh Sweeney. convicted at the beginning OF
Court of assault with utent to kill. on Vim. q.
Moore was sentenced to pay line OF $1,000 and
costs, to stand in the pillory one hour, on Dec.
10TH and to be imprisoned years.
This ends the criminal business for this term.