Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1873-05-24

for several days, was again resumed, the
defeneos continuing the cram insti6n r.
their Witnesses, closing TIER rviienr. hi,
about NJ n. w., whea the u alutltil Nj In.
troduecd some additional testimony In
reply, closing at 12X.
There has been In this ease eome 80
witnesses examined en- both sides. and
frequently some OF them have been called
more than once, thus causing a great
length OF time. Mr.. Patterson, the coun-
sci for the plaintiff, began his opening
argsmest 70 the jury at the above hour,
and concluded at about 4 o'clock, during
which, he cited many authorities, both
kngilsh and American, as to the question
o. Damages and the rule Of assessing its
M. Bird replied In an elaborate arga-
NEST, aud one Of great length, reviewing
tne authorities OF Mr.. Patterson, and
citing many Of his own, In support or the
defendanps side Of the question.
He'dwelt at considerable length ON the
point brought out IN the evidence, and on
which he relied that az the base or Mrs.
O'Daniels wall was over on the ground
OF the defendant (some IS inehes), aud
had been there for upwards Of twenty
years, that she was a trespasser, and such
possession was not an adverse one, as
would give her 4 title by prescription,
from the fact that the rule Of law was
that title by prescription could only be
gained by a holding adversely, as of
right, aud with knowledge, or notice to
the defendant Of such Possession, which
N this case could not or had not been
ehowp, as the holding had been At the
loot Of the wall completely hid ffom
| the eyes Of thls defendant, or any one
eise except the very persons who had
built her wall, and that such holding
could not fTom the facts proven In the
case be an adverse one as Of right In any
sense Of the word, and that Il followed
abe was trespasser as TO The amount Of
gruand her wall covered, aud that they
had tbeTight 80 TO treat her and to do so,
when they built on the part Of her wall
thus on them.
That If she had a title To this much of
their ground thus obtained, she by The
same rule could acquire a right 10 8 or 0 |
feet or In fact the whole of il, while 10
fact no one would be aware Of II until
the time SLOWED by law GO years) had
elapsed and she came forward aud en-
forced her claim by an ejectment. He
had many decisions of the Courts 10 sus-
tain hlm on that point, as well as TO his
point that Mrs. O'Danlel had notice Of
the fact that the Bakers Union were dig
ging on the extremity Of their lot, and
adjoining her and that she had made no
objection IN any manner.
Al about quarter to p. M, Mr.. Bird
began TO address the Jury, aud con tlnued
until the hour OF adjourn ment had ar
rived, leaving bis argument unfinished.
AZ y p. IN. the Courts adjourned until
10 O'Clock tomorrow.
THURSDAY.
NKw CASTLE, May 22d, 1s7S.-The
Courts opened this morning at 10 a. M,
aud the case of Elizabeth O'Danlel vs..
the Bak, ~ Union of Wilmington was
continued, Mr.. Bird. counsel for Bakers
Union resuming bis argument to the Jury |
which he delivered till about half past II |
O'Clock, at which time Mr.. Patterson,
counsel for plaintiff, addressed the Courts |
with lengthy argument on the law In
yolyed In the case, citing many English |
aud American reported decisions 10 sus- |
tain his side Of The case and In reply to
the numerous authorities produced by Mr.. |
Bird yesterday In support of the opposite |
side. As the grounds of plaintiffs cause
of action, and those OF the defence have |
fully appeared In our former reports
Of this case, II is unnecessary
10 repeat them. They were Rrraigned at
length, 10 day, occupy ing the entire time
until O'Clock, this Afternoon. Mr.. Pat |
terson continued addressing the Court till |
the recess at 2, pm, for dinner, after |
which he paused for about twenty min |
utes, 10 enable Mr.. Bird 10 reply TO some
new authorities produced. for plaintiff |
afterwards resuming his law arguments, |
and finally closing his address to the Jury |
at O'Clock. Owing TO the lateness of
the hour, aud the desire OF the Court to |
read and consider several points presented |
by counsel for plaintiff and defendant, |
With u request that they be charged upon |
to the jury, the Court reserved its charge |
till tomorrow morning at 10 O'Clock, dis |
charging the Jury empanneled In this
case Till that time.
The remainder of the day was occupied |
In giving Judgments aud continuing and |
Otherwise dlsposlng Of cases on the trial |
list. Judgments were given in the fol-
towing cases, viz -
7. Y. Bayard W. John II. Woods, Judg-
ment for plaintiff for ga, with three
months stay of execution. Walter Cum.
Minis, ESQ.,, for plaintiff, aud W. g.
pluhuNtB Hr4ss loi uClcuuduts
Francis Duggan "a. James Armstrong, |
Judgment for plaintiff for tlS5. W. Z. |
sprusnce, Esq, for plaintiff, and George |
Gray, Esq, for defendant.
The Wilmington aud Western Railroad |
Company Us. John IL. Slmms, judgment
for plaintid for Sl0s.77 with three months
stay of execution, aud In suit of said
nilroad company. Plaintiff rs. William
y. Hayes, Judgment for plaintiff for
$543.S7, with like stay OF execution.
Counsel In each case were 3. NJ. IIar-
sington, Esq, for plaintiff, and q. b.
Lore, Esq, for defendant.
State, use of Diamond State Iron Com
pany ". Jacob Richardson, Judgment for
plaintiff, as of May 10Th, for seas. 8.
NJ. Harrington, Esq, for plaintiff, and
c. b. Lore, Esq, for defendant.
William Gallup, d. b. a., ". Edward o.
LaymaD, p. b. T., appeal case from JUS
tlce Of the Peace, judgment for Layman,
plAiptl6 below, for sl5. G. B. and ]. II.
RodpeY, Esqs., for appellant; WIN. g.
Whiteley, Rsq., for appellee.
John A. Harris, p. b. a., Va. William II.
Quinn, d. b. T., Judgment for Harris, APP
pellant, for t4991. W. X. HOdgson, ESQ.,,
for APPELLANT George Gray, Eco, for
defendant below.
Iu the case of Thomas d. Kelley %.
Finn and Simpson, a rule was laid on
plalltif for secarity for costs, by the
arst rule Cay In vacation. This Is the
second trial term for this case aud though
the effect Of a mop compliance with said
rule would be q diseontlnuance, yet the
Court said the rule would NOT Interfere
with the trial Of the case this term.
BY an act Of the last session OF the
Legislature the frst panel Of Jurors serve
for 10 DAYS only. A now pasel therefore
was summoned for tomorrow when the
first are relieved. The Court discharged
all the jurors Of the 1rst panel except
those hearing the case Of O'Danlel rs. the
Bakers' Union, who's required to attend
I'LL the rendering Of their verdict In said
case. The Counts were adjourned till to-
morrow morning al 10 O'Clock.