Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1872-10-19

motion was reserved 10 consideration /
during recess.
The case Of Price ,s. Swiggct was next |
called up, when Theodore Price, the PLAIN
tiii failing to make his appearance non |
suit was entered.
A, Q. Nolcn rs John Prcttyman, case |
cerlioraried from the superior Court for
trial here. Rule to show cause why IL
should not be remauded.
The above case arises from the follow |
ing circumstances A year or so back,
DR.. John c. Prettyman furnished cigar !
dealer with lot of cigar stamps, 0mounl- |
ing in value to $27500. In payment for
these stamps Mr.. Prettyman took as had
been customary, the cigar dealers cheek.
The check he deposited, and in the space
of Il day or so after it was returned us
honored. Mr.. Prettyman on applying al
the cigar dealers place of business found
that A. c. No.en had got out judgement
against the stock, and lodged II IN inc
hands of the Sheriff When the sherlil
made the sale he came across lot OF m
stamped cigars and wishing also to DIS
pose of them applied to Mr.. Prettyman
for stamps. These were refused un, II
payment for the previous lot OF $40 OJ
worth were paid for. This the sherlh
paid under protest aud Nolen con
menced suit to recover in the superior
Court, whence ii was certified to where II
now is.
The jury were now discharged from at-
tendance until 3 p, m.
After some few nuturalizations Court
adjourned until 3 p. IN.
AFTERNOON SESSION.
Court opened at . p. III. pursuant to ad-
journment. ... ,..,
sion of the Court on the motion To con
tnue The elsc of L. 5. ". Archibald
Given and similar causes over until h'Ni
| term Of Court.
His Honor reviewed the argument or
both side, and after weighing their RE-
spactive values. felt constrained to over
rn'e the motion on the ground that any
detriment happening to the defendant ~
these cases could be remcdied by arrest OF
Judgment or new trial, aud he therefore
ordered the case for trial this owed
ntsday) morning. The counsel for the
defence asked TO withdraw demurrer,
which was allowed.
The Jury were discharged until 10 IL m.
Wednesday.
The next case was hill filed by Geo
Thompson and G. IL. Gallagher to restrain
&. II. b. Day, from collecting certain taN
assessed against plaintiffs. Bayard ioI
hlolnt'iai -, ,,,.,,.t ,b,. ucr.esitv a
bhyaie III pte,,'", 49,, ,o,pnr in orde
= srtn'lng III ia oaiioe.inn ofthis t,X whicl
W Iivr ,.'.s, i hs ,bn dcf,nlent MIR. Blyar,
, oitod tbe records Of the Circuit Court, il
eilsu tne iv'o'V Ia o. lis same tovas lev
70 led upon the same oil, was decided void
Now. asked MIR. Bayard, shall the Gov
= ernmept through its officers he allowed {
49, ,s,,h tte same eourse of actio
VeH uian WIN INV
; TWICE s,.a.,, h,ro re,no,l.d that tb
Jus.'ee s''ti 49, ,ta r,nr, If an
, act OF loo' ~ Nv eau.o,inn Of tavp.
power 70 Ies,.s'1 'u .bo,yn to he void.
ING t'tA nus ..H',. I1iy,;ns in nnno.itinr
Dlssrie. A't1,m'! liz i'iu and thntri
A ,hn, the vnrdict Of n inry should not i
lnat tne Ne.u,Ua W. "a. A5scssnrs of iuri.
siloMc" " NJ ~ p,,,rt L.ld ,bn hiJ over ia
ulcllon' ~, "
Il eoi,s'9 ~ NHS" d. Holm prcttvmon was no,
u a. r. NV'Vn . .s'.l., ,,'.,n jv",inaeiav
calieu ouu Vuu' 'l', IN eii'i "a ~ ~,
~ 'ou'l "uJo"''
~ WEDNESDAY MoRNtSG.
r,,rs C.,,., ,,,,otto o,clocl g., m
-, nc U, - N i,,, ~, SIM, N.Ksnnc
" Meonesuay' "u9V ,,.,. ha,,J,
anu D'auio ~ T'' o,Uson and GALLAGHER
y ine p1'i W w.. " 10 r.s,rain Tho JrtcnIn,
g. from collecting tax Assessed on lol
~ coul Oh Has u.,l,,i,'.,,,, mi ,i,.t mot
court h"u ~ .,'' ,' NJ. " ,, iminr
congress 'o'piu INV '7'"'"s
'iU M ,,,o,;or IA remand fine eau.c of
ed me ho.iIn t t" = iI prot,vn ," was cau
's y. NO r' L,si,,', ,asti,n,n, and ar.snmc
of ug1 49, 49,, 1,,r, rs,r,ed its drrisio
Vi No ,.li Wv ~
nd i =, ~, ci,,, ,,.,s ,n,,t On
er =, o. % '.,.,, dr',,,, az f,lln,ys -.
Z" ~ an" ayy;or Forc,nnn snml. NJ
nd oa'iVn 90. ~ t,,,,,i,,,r Wn ID Ci,r
lay fe' w.. AiT,eJ Rctts Tins
lie. SSs SAM 'r,iN T,li.v Gro. y ID
gn 'len9. S5.,os Srsar Josi.h SUDDEN. Fran,
It. psrr,,
in MI Higqins opened the prosecution
he o.i H., IL, attertion Of the court and in
~ no ,,ravit,, Of tho r.,.r. and reading I
ed ~ M sbotyi,,r What duties were attat
al ~ he nosition ofCollcctor and the IA
"a ~ 1SIb Ammendmeuts with the Enfor
msnt Act Of 1870; also governing t
'ht action of all officers, State or Federal,
she matter Of allowing citizens made
ter .,.,,or those amendments. their rights a
me nrIviieges as such. He then proceeded
Ia the Indictments charging
md dsfsrdent with knowingly and Wilt
ltl. 10 a. Collector attempting and perfect
'nd an attemnt 10 abridge the rights of Alb
re- inr RIack Thomas Lockerman, W
Wyers- Thomas Grant and John f. How
ex- a. srranteed to them by the l4th, aud 10
ers sYoendments.
ons liz nroposed to furnish proof thai
ISL sorne ipstance these men offered TO
ted their heir tax and were refused, and in ali
stances the defendant returned then
OF having left the state when he knew TO
oial contrary, These men being returned
hes tse defendant as dc'lnuutnts and err
as ,ysre STRICKEN from the assessment let
npt ordsr of the Levy Court, and thus
lers ouaiiaed as voters. Sir. Higgins clio
df,er reading from Revised Code Of d
de y,are lava relatinp 10 the duty Of col
SEES ,ors
e OF Coupsel for the defenso raised the N
o TO mat the offences charged in the In,
the No., we've moi spsri0c. and therefor
sby- ri, eyrhstrasscd as 10 Inc ounlitv OF Or
~ fnst,ce strong decided thnt they y
Mis- .,,oois, ,,,,dsr thc meaning of fine enfu
ted IL, sso," art i''''N'
por' District Attorney Higgins Offered as