Wilmington daily gazette., 1872-12-03
COURT PROCEEDINGS.
Monday. December u, 1872.

Monday December ~, lS72
The Court of General Sessions Of the Peace and
Jail Delivery and the Superior Court were opened
this morning pursuant to the adjournment Of
Tbs 6rst case called for trial was that Of State
Us. Joseph Derias (col), who was arraigned last
Saturday, under an indictment for the larcsny OF
grey gelding. The allegation was, that on or
about the middle of September he stole the geid-7
ing from Mr. Samuel Cunningham. and sold him
to an old colored man named Colb. who returned
the animal to its owner; verdict guilty. The sea
tence Of Court was, restitution money $l25 and
costs to be fined $500, on next Saturday to receive
20 lashes aud to be imprisoned for tho term Of one
YER. C. Il. Lore, Esq for State.
Case of James Stroop Wm Lore. called for
trial, this was an action for work and labor per-
fotmed by the plaintiff, as an occupation ON the
defendants farm. in Virginia, claim $l44. De-
fendant denied the hiring, and showed that PLAIN
tiff went there visit to his tenant, and remained
there some s months and while there this work
was done voluntarily and without any solicitation.
with exception OF some five days. and for which
plaintiff had bean paid /; that ii there had been
any hiring. or contract it must have been between
the tenant and plaintiff. Case submitted without
argument to the jury who rendered verdict for
plaintiff of Sl0 w. g. Whteey. Esq for PLAIN
tiff. Lore as counsel for defendant.
Case No. 43. Chas. A. Keasly rs. Samuel kel.
Icy, this was an action of assumpsit on check,
drawn by Lewis 4 Son in favor OF Kelley and by
him endorsed to the plaintiff, jury rendered YER
dict for plaintiff for ss52.44 g. b. Lore, Esq Tor
plaintiff.
No. As. Jacob Hoffman rs. Samuel Kelly. &C.
tion of assnmpsit on promisory note. drawn by
Lewis u Son IN favor of Samuel Kelly and by
him endoreed to the plaintiff. Jury rendereded
verdict Of e2l3S43, in favor of plaintiff. Heorge
H. Bates, counsel for plaintiff.
No. 70. Isaac s. Thompson, %. Lewis Il.
Almond, executors. This was an action to
receive years maintenance of a son Of Lewis
r. Almond. The facts in substance were,
that Almond somewhere about 1856 married
a Miss Day. daughter of plaintiff, wife by
her first husband, that about 1857 he enlisted
in the Regular Army, his wife went to plain
tiffs house where his son was born. Almond
returned in 1859, but did not return to bis
wife. Shortly afterward she died. He then
married second time, and died in latter part
Of 1870. This boy always lived with his step
him. he Is and always has been in very DELI
cate health. 1t appeared that Lewis Almond
had made requests that the boy should be given
him, but never took any decided steps in the
matter, and the plaintiff and wife always
evinced great desire to keep him. After
arguments by the counsel, and without charge
from the Court, the Jury retired, and returning
| rendered verdict in favor of plaintiff for
s642. Counsel for plaintiff, VIM. G. Whitley
Esq. z. b: Lore, Esq, for defendant.
| No. 35. Nicholas Green and wife, rs. Adam
Grubb. Action of the case for damages.
The allegation on the part of the plaintiff, ard
that on August Sd, 1871. defendant unlaw-
fully caused trench to bc dug across the pave
ment in the Fourth ward of this city, and thu
Mrs. Green, on that night in company witt
her sister-n.law were walking towards tht
house of the latter, when she I Mrs Green
not seeing this trench fell into it, and was
severely and permanently injured. That il
was dark night, and not sufficient ligh
placed, SO as 10 give proper warning
of the danger. They claim as damages $4,000
Quite number of witnesses examined by the
plaintiff to substaniate these facts, but thel
not having concluded at 6 o'clo.k, =. NJ. The
case was continued until tomorrow, II
O'Clock, to which hour the Courts were ad-
jOurned.