Middletown transcript., 1873-05-31


cudc them, and that they now could no, on the
same matter 50 vary the form OF their action rs
TO change them. Aud %, tint. even IL the bet
was illegal they must, TO change tie defendants
IN this action, give them noiicc aud make de-
mand for their shore Of the stake before they
could charge the defendants, aud that no sucl,
notice Of demand had been proven IN this ease,
admitting their position as far rs the question Of
the Judgment In the demurrer wss true.
About p. m, the arguments were concluded
and MS the hour of Adjournment was near at
band, declined Ia charge the jury, not Wishing
TO Keep thrm over Sunday or even into the night
MS no judge would he n, hand to take the verdict
50 they were accordingly discharged.
The next matter MAS nn motion OF Mr. ". c.
Sprunucc TO set aside the sale OF the Sheriff OF
the land OF Ernsius Lodge, under Efori F,rio,
TO present term, in the case of Fornan vs.. Lodge
and wiic, after the examination OF three or four
witnesses, the Court adjourned until 10 u. IN,
Monday next.
MONDAY, MAY 20 1873.
The frs, matter on hand wes the charge of the
Court 10 lbc iurs in The case of i!rnj {. r,trcc,
o. b. n, rs, Edmund Provost, p. Il. r.
The points of interest in the charge were ton
lengthy to give in fall, but were cioqueniiy and
ally delivered, after which the jury reirct.
Mr.. Bird asked leave of the court for further
time "Wednesday next being the last dayl in
which to draw cut and file hs exceptions IN the
case OF Daniel Us. Bakers Union. preparatory
10 taking the case to the Court Of Errors and
Appeals, which sets next month al Dover The
cout; did not hold him 10 the strict rule bat
said he must not take II rs To prejudice the
plaintiff in her right. 50 ns 10 not hear the case
on the Appeal putkrt.
In No, 10 Jatncs Clcadcn vs. James Webb
mn action in the case on q proinissory notc. De
frnre usUry. Mr.Gorion counsel for plaintiff.
asked leave 10 withdraw his application and filed
a I. 4
Ncs.rs Higgins aud Bird asked leave 10 with
draw the Plea Of usury Granted This hrouvh,
the ease 10 the general issue under which hey
can give evidence Of the whole transaction
The COdrt learning iln, the jury ia the ease Of
pcurce Vs. Provost had not vet come to q con
ciusion ordered the CLERK 10 say that should
the, agree during the uirh, they might bring
10 scaled verdict. This verdict will gain
the other rose hy consent OF counsel The
Court accordingly took a recess uatil ,o-iuorrow
morning q, 10 O'Clock
TrSpAy. MAY -. 1873,
In the ease Of \. e. rcarrc. 4 g.. w Ell
mpui pruvosi, p. b r. the let casc) the Jury
Who were charged hy lie Court Yesterday morn.
ing brought m sealed y.rliri last night which
WIS for plaintiff Provost for SInn ljhc amount
81 his drrosi, wl. interest irom tho ,iiuc agreed
upuu between HE counsel The iHry. however
retired, ~ the direction uf the Court, to their
chamber To compute thc interest, aud soon after
Wafis returning rendered asctdist for Slli e.
FOR plaintiff.
The most of Tie ,'m- WAS taken Mp hy tho
c'5c ot James tieajcu vs. jaime, Welt, which
interests great mAnf persons II the county
The jury, after being charged lN ihv Court re-
iiful ini la!cd TO hui = vetljrl IL tho time Of
adjournment
TIE caa.r of Archibald Given " Patrick bill
Ton W4s "a 'or'tid. This Was : suit Trough,
on a plumis.uY, note fur =Guu miAr ly Patrick
Dillon September l.t 1874, la,nitlc 70 Tive urlrr
81 Lows < Son. thfcc muuth. a'-r date
Plaintiff proved 'hc putr. ani defendant orruri
Gis ease Al rh,. point Coau adilUfacd ii.l rs.
morro" ~ ioa IA.
WrryrsnAr NA 2s !sr3.
On H., motion ~ Clsr'e, L Lore r.q court
granted ru,r W show aguse rir4 WiN Wtii
az po.s-', shouii moi lie jssu,i u ihc cisc oi
Iscot E,sc1r. e. %. ,s Naretr,; Cannon
AtiIl eoCk. m me pri A the case ~
Jarc- t,,'dcn - James Wrl who were ont
~ uieh' sent DOWN a request 20 the court 10
discharge hem, ~ 'bcN could not urrcr This
thr ,tit' rc'Hsri 20 ,lp ari ~ n.r'u,A % IN
thr, lHnuuht .u q r,r,iici inr dc'rrlJut
TIE case ot Nr,'.lntd Givcn l'ard.R pi.
lou which WAS opened srs'cT iav. was continued
'ats morning Tb.s j. an action Of re,uidt,sii
thr raatt proceedings YESTERDAY the lr4n to
08.,h va. That rlte u,-s was I'm accommodation
dnr u#5zlc -it.l, iar lh, a.rnmrlpl,5i ~ OF Lewis
s Son 4l Wa Ng item discounted A. a,utieu.
g1'f - interest Nfucs-ts we're examined and
Rrsumal', We" delivered W4t.h arcincl The
4tfrlipu ~ hr eourt nearly al taS Nt B3ft.
bal not concluded lia argument wh,u thc yeurt
filurratd