Middletown transcript., 1873-05-24

The whole Of the day was taken up with the
continuation OF the case OF Elizabeth II. y Dam
lei vs.. The Bakers Union. of Wilmington, being
devoted exclusively to the examination OF wit
ncsses. the array OF whom for the plaintiff WIS
very extensive, numbering thirty more. Their
examination was. however, completed during
the afternoon. Counsel for defence. l.. G. Bird
Esq The plaintiff was represented hv John q.
Patterson, Esq., who opened his case and par
TALLY examined two Witnesses
The facts MS proved by the plaintiffs witnesses
were Substantially tina, in tie Spring and Fall of
1871, defendant had the cellar Of their house,
which a1ioins plaintiff ut Fedrih and Walnut
streets, dug below the foundation walls OF plain
tiGs house. causing said walls to sink aud there
by cracking the walls and ceiling Of plaintiff
house very badly. rendering IL unsafe TO live in,
and damaging H. rs testified TO hy varions wit
nesses, to the smunnt Of from 81 500 10 So. 500.
That said cellar Of defcn ndauis was allowed io
stand with two ar three feet OF water collected
H. 1t which worked lis wa, into plaintiffs cellar
through the walls thereof That a portion Of
the tin plainiif' roof WAS torn or hv the
werkmen defendants building without teing
replaced and that holes were made in plaintiff $
roof by which holes aud removal Of the tin the
rain came into plaintiffs house and injured Il,
dscoloring the paper, &c. and that the damage
and injury was the result Of negligence on the
part OF the defendant in digging below the
PLAINTIFF ? foundation wells and undermi ming
them without having been unferpiuned
The defence set up was, first, that upon dig
ging down. the plaintiffs foundation wal was
/ found 10 extend 10 inches beyond and over her
/ iac, upon Defendants land. and not rhoosng
TO give plaintiff that ground. defendant hid
Z hnili their wall upon plaintiffs Second that
plaintiff 5 house was cracked before the digging
i tor and the erection OF the building for the
I Bakers Union and third. iha, plaintiff iouu-
/ dation wall was rotten and defendant used every
] rreeauion necessary 10 the construction Of he'r
+ own wall, 20 MS not 10 njure that of plaintiff
Only two witnesses had been called for defence
I when NJ twenty minutes before six % clock Geo
} Is, Rodney, Esq chairman " The commit &c ~
7 pointed for THIS purpose at meeting ~ The Bar
Association ot New tnstlc ruunit held thi. A.
icrGouu ~ New Castle. prs n'yd TO the Court
resolutions Of respect lu ihr memory u' Victor
Green Esq dec 4, e SEW 'irlr tit.i ,'ish-l In this
paper ati ac, auip, ,hi7ti their presentation wiih
- irw remarks pcruuruii1 The occasion and i,-
coming The mehor, 81 thr drtcis "A Tbs rrsa-
lutious were read T., The Clerk and ordered IS
The Court To lie spread =, large upon the record,
immediately aitsr aheh Court adlsurn.d till to-
\ morrow al 10 A. ",
WEDNESDAY,. NAY 81, 1873.
i The Courts were opened this mornins a, the
usual hour
\ Ca motion o. wilium r. fIodsson Esq. Jas
! Touincy discharged from further custody
Ire MAS held ia default OF bail for the dcseriion
: Ul his wife and child
The Caur, i 50 discharged from further custo-
dv Joha Grfn col. who has ucen confined in
[ jail IN default VI bnii since nor l4h s7. on
! the ehArg. of bastirIy on the motion al ~ !,
!iui.son. Esq rs counsel Tor the Trustees o: the
/ Poor of New Ctsir county
Daring the day Tie Sheriff received letter
! from is cx,r.I,urr. the Governor a. the state
rrEiitug 50 much VI the sentence ut tie law ia
4 'hr case Of the State Mary 4 Ncrc-r the
! ,o'ur,d womnn convicted Of murder 10 the sec
q a 81 sN..
] oyer ana Tcruurr as fc,A'cs 10 tie "NAlpipag
and pilor,, luu, jan" lIh. next. until bc
/. could ,uaN INTO tUr npuftr aUt itclAtr The il'
pvrs. Also rrmt''uI The whippiHs in IN,
ease OF state -. JuhH powuiua, cunvi ted u
larceny AZ ths term gB,, the sane lny, lil
% June.
There does not seem io ic lug,b duut, ia 81,
minds ui uiuse lest acquainted with the ia.nw
cnsc, tgi That ii- ag'ou o' Governor r1n3.r u
taniAu.o mt ~ q tiaal on .ss.uE " mis- naeh u
Ihc sentence
rhc ease 5' Mrs =. o-uauie 81, tive Bakers
Union, which has h,cu On t,i4l for srveta, GtAs
wHs asAIu resumed thy tr'H,r con Uiuuius ih
examination % lhrir w,'nrssr., ci1sus thci
evidence at about n! \ VI mhrn the rip't.
Introduced ssfte add d,tUntl iesl luIuHY III repl,
closing ~ =
lhrrc nave tcon IN tbs case sntne 30 wiiu-s'r
aAam,urd on rnta sides .,ut frequently saf3r o
'heni have been fi,'G more ilfta once, itas pu
,Nulbe sscdt 3ruglA W. ttHc, Nr Patterson
Tie vaunse tuf tbe P.tint,N. htgun us uYen!r
Argument to the Jurt u tbs altusr hour. un|
goue,uicG ai atadti 0.rlnck duHns wBi,h b
cited ,naHt authorities. t.ih EF .sA ana AGtr
r.e,a, rs 10 :he question % dtin4scs nni Ia
rule nf -ssrssG- iis different LiUds
Nr B.5l r,r,lst ID An ea,tortte Argument
md one o. great len.ta. reyirn ius tie aathofj
/ Ties o. Mr. Patterson, and .iiiA. gatuy ot IN
uNa In support 0, the teitnirut. side u III
questup.
Al abogt 4 quarter 10 six T. 81, Nr, bird hc
] gan 10 adde's, The jury ana continued uniil th
hour oi adj utniueii arrived. leaving his argu
, mrni unfinished
AfS,A Z Vi tic Court adjourned Until ,e
. ,locA Tomorrow.