Delaware Republican. (Wilmington, Del.) 1843-1874, 1873-11-27

"a, PROCEEDINGS OF CoURT.-On Monday tn
It suit of Lewis Curlett against Washington Ma
son was taken up. This was an action on th'
case to recover 10000 debt and interest du,
r as a balance to Curlett for plastering the new
e school house In French street, between ST.
= and 9th streets, in Wilmington, which wa
built by Mason under contract from the Boart
:, of Education. The plaintiff put this evidence
= before the Jury, aud the defence opened with !
!, statement of their case, but owing to the late
ness of the hour offered no evidence.
On Tuesday morning, Francis II. Carter
: Joseph i.awler, James Thomas, Edward Ii
e Hurlbert, were brought into Court and ar
A raigucd for entering the dwelling house Of
Samuel Floyd, IN the City Of Wilmington, on
, the 7th of November, for the purpose of carry.
! ing off the goods and chaitcs of said Floyd
and also with the intent TO steal the m )ney OF
the National Bank of Delaware. The prison
crs plead not guilty. They were then remand
cd to the custody Of the sheriff, and escorted
back to prison.
, The case of Curlett VS.. Mason was resumed
DIR. ID. W. Maull, sworn--Proved contract
of Mason TO build school house, No. |, in the
City Of Wilmington.--M Lore objected 10 the
admission of the contract ut this stage Of the
. proceedings. The Cont sustained The objec.
ton.
) Jesse ID. Vandever-sworn--W foreman
for Mr.. Mason. Curlett came into the shop and
made estimate for plastering according 10 spec
iiications in contract, for $l785. Calculation
| was made On hoard in October. 1870. Had
been contractor for twelve years. Mr.. Ma
son also obtained an estimate from Mr.. Jefieris
] for pastering. Mr.. Curlett plastered the build
Ing, but neglected 10 color the walls as requir-
ed. One-third oi the work was laid off-tbat
Is two coats were put on instead of three. lie
Informed Mr.. Curett's son that he could not
do work In that way for him. The speclfica-
lion called for river sand, but "A large quantity
OF bank sand was used. Exhibited plan Of
building, Oh which the calculation was based.
There were 43O7 yards Of plistering, and 2056
feet Of cornice ~ centre pieces. The plaster
ing was worth 80 cents yard, the corniaes
rs cents per foot, end the centre pieces s., 80
| each. The cost OF coloring the walls would be
about $500. He did not consider the plaster
ing first-class job. The work however was
accepted, and handed over to the School Coiu-
mittee.
Banjamin ,lefitris--S wowrn-Was plasterer
by trade. Made estimate for plastering school
building No. l. rlastering and coloring worth
about $500.
David Curlett-Sw orn-Was in banking
house of McIear n Son in 1872. Mason gave
| note of 500, and when 1t came due paid 500,
and got another noe discounted for 800, and
by the payment of 500 at successive periods,
reduced the note 500.
DR.. Maui recalled. The cooring was
| omitted simply because the Building Commit
| tee concluded that the walls were better with
| out It. Mr. Curlett prepared the coloring and
,, slowed the effect il would produce. There was
no abatement OF the price to Mr. Mason on ac-
count OF this omission. fhe job was accepted,
but s2U2.o0 were withheld on account of
drains that Were not carrie ont as intended,
Lewis Cur'ett, Jr.-Recaed-Th walls
were given three coats.
Washington Cox-Sworn- Walled cellars of
school house. Heard Mr.. Mason say that the
whole work was well done-it was the best
school lOusp in the city Df Wilminofan
MIR. Lore cited authority 10 show the right of
his client to recover, and then stated the claim
to the inry.
Mr.. Gordon asked that the Court charge the
jury that in case of contract the amount
specihed In that contract must control the
measure of damages. The Court approved the
POSITION. Mr.. Gordon then summed IN the
case to the Jury.
MIR. Lore closed the case and showed the fall
slly of the position assumed by his oponent.
The work was well ,loLe, il was accepted by
the co nmittee, paid for by the Board of Edu- |
cation, and the securities of Mr.. Mason can
celled.
The jury rendered a verdict for plaintiff of |
S30S. 40.
AFTERN DON SESSION The Court room was |
crowded to excess, and il was found necessary |
to exclude several persons who were anx ious to !
even obtain standing room.
The burglars were brought into Court. The |
Grand Jury reported that they had completed
the business before them, when ttelr report /
was read, and they were discharged from fur |
ther attendance. The following iury was then
enpannelled: .iesse James, Edward Stapeford,
Alfred j. Derirkson, stephen ] Marshall. Jas.
A. Il. Perkins, John Cranston, Elmer W. CLARK,
Patrick Holland, John Eyer,on, Henry Clara
nan, W. ). Nandyke, Geo. L.. Geierr.
The defence challenged Mr.. Geger, and
John Vail was put in his place: Mr.. Siapeford
"a. 50 4hnl n,I a. II in
selected 10 i'll his placr
Mi. Bales, deputy Attorney General stated
the case to The Jury, and clearly defined he ma
tllre OF the offence With which the prisoners
stood charged, and The acts which constitute
the cTima Of burglary. lie narrated the act of
the parties as set forth in the indictment, and
the incidents which TRANSFERRED at the house of
Mr. floyd on The evening OF the 18th of Novem-
Der. lie attributed the failure of the prisoners
TO carry ont their designs TO the bravery of a
young lady who managed to escape from the
mouse and to give the alarm, upon which the
parties lett as snmmarly as they had entered,
They were followed and he expected 10 show
thal Inc prisoners were the identical party who
made this burglariolls attack. lie recited their
arrest, and referred TO the articles found In the
trunk which unquestlonably belonged 10 these
parties. lie also recounted their assault
on police officer Carberry and their escape.
They were arrested at house at Ninth and
hirkWood, and he thought their indemnity could
De positively proved. If the State failed TO prove
they were guilty, then the jury would render
verdict OF acqnittal. lie reminded the Jurors
that they were the barrier between the honest
portien of the people and rogues and thieves,
and he invoked them to weigh the evidence
carefully and to render their verdict In accord
ancc with it.
Samuel Floyd, sworn.--Resided in the dwell
ing house attached TO the National Bank OF
Delaware. Had charge of the cash and vaults,
and had general supervision over the whole
building. On the eth of November, half past
SIX O'Clock, =. NJ, while seated at the tea table
heard slight rapping at the door. He got Up
and opened the door, thinking there might be
colored man there who occasionally visited
the servant. Just at that moment a tall man
rushed into the room, and throwing up his
arms command him TO keep quiet. lie
thought the intruder was crazy, and on step
ping out he was pushed back by four men,
when he was speedily hand-cuifed and told to
keep quiet pistol was also presented to his
head to enforce the command. He then heard |
some one cry catch that girl. The parties then
tumbled out and left as suddenly as they came.
His wife, sister and two neces and the colored i
girl were present. When the windows were
closed the light was shut out from tho street,
The men were masked. He could see 10 part of |
the face but the eyes. He did not recognize
the prisoners IS the persons who entered the |
house. The pistol seemed to have dark bar
rel and was different from the pistols he saw In /
tue hands Of the police. There were no gags,
jlmmeys, hand cuffs, &C., In the house before |
hut they were found there on the persons /
living.
Jennie F. Rates, sworr. Were about finish |
Ing tea on the 7th of November, when they |,
heard slight tapping at the door, when her |