Wilmington daily gazette., 1873-12-08
oUURr pRocREpsRcs:
aArUAoAx's sRssEoN-THfs NoRNTN0's PnocRED-
INos-TIm BAKK RoB3ERs' coJ;SsRL WITH
DaAW REASONS ron NEW TRIAL.

UA.3AON-E1AS
TEos-T4m Rank RoB3ERs' coJlsRL WITH
DAAw nRAsoEs FoB KEW TRIAL.
NRw CASTLE, De-, Dec. Q, 1878.
Tho courts opened this morning At IL o'clock
This being the day usually set aside FOR matters
Of purely legal nature. the arguments OF Rules,
Motions, setting aside SHERIFF. Sales, were gone
into. The hrBt motion was that OF Bush Is. Bush
libel for Divorce 10 which the ilbellant makes mo-
ton as 10 = Rule Why they shhll not be granted
aliplony, and fands sufficient 70 maintain her and
suit while pending the decision thereof, this Is
the first case under the new Law, which has come
up In our County. The lbcllant examined To-
terests TO show The rules OfrespOndruts estate, &c.
&c.
There arc ono Or two snerlI~s Sales TO be sci
aside for q non compliance with the new law.
APTRRNOON.
Cleaver W. Clark.--This was a case in which
the farm Of Mr.. CleaveE, near Delaware City was
bought by Mr.. j. @. CLARK, at Sherlh's sale for
sl2,0 900, and the Court was asked to set the sale
aside. Que Of the Witnesses testified that the farm
was worth $4,000 cash another, that the house
was large dOuble manslon which must have cost
1000 70 build; large barn which cost $1,000.
with other out buildings. The land consisted of
800 acres, most Of It upland that the farm was
fuily worth $4,000 cash. The witnesses fai m
adjOlned 1t and contained only $50 acres had
been offered SS2 600 for my farm about two months
ago and would not take Il. The land on the farm
sold was about as good as that on my farm the
day Of the sale was wet and Il rained during tile
sale. 8. NJ. Harrington for plaintiff; Geo. b.
RodEeyf0r deiendant or purchaser.
The sale was set aside, on account of the rain
and lnanfacient prlcs;
The ShorlffHs sale Of the farm of Mr., WhOrten's
also set aside, for reason Of insufficient notice.
Al the usual hour court adjourned until Mon
day, 10 O'Clock.
Especial To the 0azStts)
NEw CASTLE Dec. s, 1873.
Courts opened at the usual hour this morning,
and MI. Whitelsy resumed his argument in the
case OF Flanagan Vs. the City of Wilmington.
At his concluSleu, the Court briefly decided =
aOH St1t IN the case the ground that tho plain
tIiis, in their charge, had not alleged nOnfeas-
ance on the part of the city, that the ntsfeasance
alleged had not been proven, and that the plain
tifts had not charged or proven that the hole in
which the boy was drowned had been made by
the authority Of the city its agents, that the
| city was connected with it at all.
As has been announced, Mr.. Higgins, for the
defense IN the of State vs. the Bank robbers,
had filed reasons for . new trial. The reasons
were rs folloWB;
In the Court Of General Sessions, SC, OF New
Castle county State VS.. Francis II. Carter, ct al.
Indictment for burglary. Motion for new trial.
The defendauts fle the following reasons why
. new trial in this case should be granted:
l, That the verdict was againet the evidence.
2, That the verdict was against the insight Of
the evidence F''
3, That the verdiCtw against the law appllca-
4. That the Court erred In not charging the
jury that 10 establish constructive breaking, they
must be satisfied, from the evidence,that an entry
was obtained By means Of q tnck, artfce OF fraud,
apparently ana expressly used by the prisoners,
for the pUFpose OF having the fasteniRgs of the
door removed, and Of thereby gaining admission
without breakingu Il.
.-,.-- ...---,,.'- ANTHONY HIsGINs,
Defendants Attorney.
These reasons, however, were not pressed, and
by permission of the COurt, were Withdrawn.
Attorney General Lore then moved that the
Judgement Of the law be pronounced upon the