Delaware Republican. (Wilmington, Del.) 1843-1874, 1873-05-22

cry, and the Superior Court OF New Castle &c
! were opened aud the Court of Oyer and Term
ner was adjourned sine die.
The first order of business was tho readin
over ofthc trial list, and disposing of the case
therein, by marking them for trial, continuanc
: or otherwise as the case might be. This cor
| sumed about one hour. Tho first case tried wa
that Of Charles S. Catliry VS.. Minor ii. Beckett
being an action on the case Oh certain promis
sery note, for sSll.50 given by Samuel $. Nor
cross and Endorsed by Samuel 5. Norcross Ii
the firm name of Norcross and Beckett. Nor
cross had been originally sued with Beckett, blu
was returned non est inrentus, hence the sui
against Beckett only. The first witness Gale,
| by counsel for plaintiff was Samuel ). Norcross
who proved the making and endorsing the nott
as aforesaid and was questioned as to the firm
name being endorsed by linn with the consent
] OF the defendant. At this point the counsel foI
defence objected, and all elaborate argument
followed, the defence insisting that the endorse
ment OF commercial paper by the frul name
was primd fdcie outside Of the partnership pow
ers (tlis was u note given for the individual an
| tecedenL debt of Norcrossy and that the menu
Ders Of the firm so endorsing 1t, was not com
petenl to p.0ye his partners assent to the same.
For the Plaintiff ii was contended that this was
| perfectly Legitimate transaction II done with
tile consent of the partner sought TO be charged,
and thai no fraud had been shown or alleged
by the pleadngs, to- exclude the witness, also
That The verdict would not affect the witness, as
he would be liable TO be sued elsewhere oil this
note. Authorities pro and con were cited, the
defence relying mainly on the case of Nethill VS..
Cooper 9TH Pickering, Ala and OH some New
York and English decisions.
The Court decided 10 exclude tho testimony
OF witness, saying that he was not competent to
establish the fact which lie was called to prove,
VIZ. ih1t his cO-partner at the time the note
was gwen asschted to his endJrseing it with the
firm name. lie was interested in this suit to
throw one half Of the debt on his partner, AMI
this Judgment co,f,l be given in evidence
against hm.
Another witness was called who proved these
iacis and 3eckeLt's assent to the uso of the firm
name. The case was submitted wiihoat argyll
ment anu the juty rendered verdict 70 the
plaintilifor S4O0.15.
In another and similar case on promissory
note Tor $'OS72 between the same parties, jndg-
ment was given for plaintiff for $500 80. Il. Il.
Bayard, ESD, for plaintiff in both cases. George
GrlY and Alex. II. Cooper, Esqs:, for denfencc.
Next case tried was that of William +. Small
ley q Co. vs.. Zebuon X. Mckinsey-action on
book account-proved by the books of the
plaihtlh AMI by the testimony of another wit
ness as 10 the aclil,wl edginent of the debt by
defendant. Jury retired and up TO o'clock had
not returned. 4. II. Bayard ESD, for plaintiff
-ieIehdant was unreplesented.
Case Of Elizabeth r.. O'Daniel VS.. Bakers
Union OF Wilhnington-action ON the case for
damage TO plaintiffs house by conduct of defen-
dahts IN digging the cellar To their building adj
Joining, so rs to leave plaintiffs foundation wall
exposed TO the clements and pool of water |
winch there collecred and ran into plaintiffs |
cellar: and flooded il. and that the wall of |
plaintiff house was by this negligence of de- |
PENDANTS cracked and seriously injured, rem |
'erlng IL Unsafe for habitation. This case &C. |
eupled the Co,nt ON Tuesday, there being some |
thirty witnesses.
Initi"t SermOn.-Rev. Mr.. OTIS preached his /
initial sermon In the West Presbyterian church, /
asst Sunday morning, to quite good congrega-
ion, from the 18th, 10Th and 18th verses of the |
list chapter of John. lie remarked that we |
rave IN The passage description of the inter
new between the risen Lord and his disciples.
l he reply Of Peter led 10 the promise that on
he truth OF Idiot on Peter-Christ will build |
lis church. lie alluded to Peters former con
luct, his pretensions to great love, his desertion
II the hour Of danger, his craven cowardice,
Inu bis repentance. It, was necessary that the
lsen Christ should appear TO Peter, and restore
nm 10 the ministry ami to the apostleship.-
succession In this office Is impossible 1t was
Necessary for Christ to appear To Paul i'll order
@ q'ialliy linn for the position Of apostleship.-
hose who now claim TO be the SUCCESSORS 10
he Apostles should perform some miracle. This
; the way Paul proved his successorshlp. Let
hem Raise one dead iniant-periorm miracle
nj then we will credit their claim of the silc-
essorslip To the Apostles. Until they do this
re shall not attach any Importance or truth to
heir pretensions. lie discussed al length the
titles OF the pastor to the people. The first
ommand was To "Fced my lambs" the second,
Feed my sheep" and the third, SheppardiSe,
axe charge OF the entire flock The command
as spoken TO Ieter as preaching elder, and I
10. .t.at, tf.,I .
ospel. Tho KEYS were given 10 Peteras pas.
", and every true pastor has those keys to-day.
hey were the keys of doctrine and Of discp- |
ne. by the Use of those keys the truth is I'M
cked, AMI brings salvation to the believer; and |
lie other key locks the door of heaven against |
he uhhelicver Christ had fixed the locks, and | I
minister had any power to interfere with
ZEN. Those who attempt it will tail, lie ex-
aimed the duty of the elders as well as that Of
e minister The mhlisterw no ulters one word !
Tue pulpit hal he does not believe to be mes
sc iron Christ Jesus, is doing wrong. lie no.
,ed the duty Of the pastor towards the young.
I'd referred TO the duty Of parents to bring d
elr children 10 church and to give the minister /
portunltyto exercise influence over them T.
remarked that the man who adopts the pull ! Il
rs profession, the same as the army or ma
;, lnade great mistake. lie would be mere o
achine, having no proper life or power Love
Christ makes the ministry alive, ana leads o
the conversion of souls. Love Is n giant, p
Angling bitter INTO sweet, and pain into plea \
re. Without love the minister was like Samp- ! "
n, shorn of lis locks, II subject OF pity TO his il
ends, aud the sCurn aud derision of his enc | g
les. Id
In the evening hc preached from the text,
Gut be ye doors Of the Word, and not hearers II
ny, decelvlnS your own selves" The duties q
the congregation were clearly pointed out h
he DISCOURSE was listened 10 atteniveiy, and a
pearcd to make very favorable impression. ii
ie congregation will have social reception of m
cir pastor in tho basement of the church, this n
evening. n
The Post and PHiOry.-Last Saturday was "
'nallzed at New Castle by the punishment of n,
minals. The colorcd man, Citizen G. Dad :.
A, who wished to free his wifi, from the -
bes Of this vile world by cutting her throat !,
$ placed in the pillory Tor one hour. ~
John Mannering, Awhile man convicted of
alins from market wagons, received twenty | ft
hes, which he bore with christian fortitude, Ia
marking aflcrward "'rlat If you steal in an
'lawarc you'll get whipped" lie is also re- d,
fted to have said lie did not mind t-ony I'll
the ID disgrace and being gazel at by ca
crowd. | in
Hamilton Curtis, white, who also was part III
: In the crime Of ManneIhg, was given TWEEN he
lashes and is said 10 have remarked that the | ad
q of whipping having moral influence was iii
ID lame duck" he
James Reed, white citizen of Massachusetts, III
I'd about fifty years, received twenty lashcs, tel
stealing coat, vest and silver watch. He in
that If the whipping bad been more severe ia
would have killed him. lie blamed whskey on
the crime, and II his grief for his family is IN
lily genuine, he will henceforth abstain from ag
that intoxicaes, and establish reputation
honesty and sobriety.
George Taylor, colorcd, was whipped with 20 aS
hes and made to feel the effects of evil do sh
. ur
lanes Collins, colored WAS made to under We
nd nv twenty l,shps ycclI L,iJ az, III, ;m'nra he
ety of stealthIy upnronriatiug donr Witch foI
onred to Others. 10 lis own mi, otn ,,so, on
I IL, al EI;n, Is,'.. f, 80, "ao', no