The daily gazette., 1875-05-28

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HoLLIsTEB VS.. ARMsrRoNa-cHARsH OF
JUDGE dILPIN-oTHER CIVIL CASES.
NEW CASTLE, May ~, 1875.
Court opened this morning at 10
O'Clock, ,JudgesGilpin, Wootten and Hous-
ton on the bench. After calling the jury
list the case Of Hollister Us. Armstrong,
was continued and the whole morning
session was occupied with the arguments
of Messrs. Gray and Spruance. At 2:30
p. m, argument being then concluded
the Court took q recess until half past
three o'clock.
AFTERNOON SESSION.
Upon the re-assembling Of the Court,
Justice Gilpin charged the jury substan-
TALLY as follows: He congratulated the
jury that this case was 80 near at an end;
he considered this "a case especially
for a jury to decide; some questions of
law have been raised and we have been
requested to charge you concerning the
effect OF certain paper, but We do not
deem it necessary. This case 10 to be de-
cided by the facts submitted TO you.
The case has been elaborately sifted by
the learned counsel on both sides and
discussed in Jour presence, and you will
not be long in arriving at verdict. Yet
it is proper that we should show you the
simple question which you are to decide
and the rules Of law which apply to it.
Under the pleadings there are several
issues raised. The defendants have
pleaded in the third instance that the
property was in stranger at the time
Of the seizure, not in George s. Hollis
ter. Upon that plea they took issue
and George s. Hollister assumed the
responsibility of proving that IL was
his property at that time. After the
plaintiffs testimony was in and a pfinsa
tdcid case was made out the defense
sought to controvert and disapprove that
this property was in HOLSTERS possess
sion, by alleging fraud. When fraud is
alleged it is incumbent on the party al
leging it to make it out by satisfactory
evidence. This case in itself is some-
what peculiar. You are to consider
whether this was fair transaction, the
question Of good faith is to be looked
into and whether the law has been COM
piled with. Fraud vitiates all contracts,
where it enters into contract the con-
maxim of the law. In this case a great
deal has been said Of Deal & Horner and
OF their conduct in this transaction, and
with regard to their fairness. Whatev-
er may have been the fraudulent actions
Of Deal & Horner, yet if George s. Hol-
lister was not participant in that fraud
he is not to be held responsible for it.
He is responsible, however, for his own
actions. (The Chief Justice here read
the Statute relating to sales OF personal
property. providing that there shall be q
valuable consideration and O transfer of
the poss ession.)
The Chief Justice proceeded to review
the evidence relating to HOLSTERS pos
session and cautioned the jury to look at
the bona tdes Of the case. You must
look ut the circumstances. Fraud as
sumes every conceivable shape. It al
ways endeavors to hide its tracks. You
ale to carefully scrutinize, and if you be-
lieve the transaction between Deal 4
Horner was fair and honest one, You
should give your verdict for the plaintiff
with nominal damages, but il you find
this transaction tainted with fraud you
should render a verdict for the defend
ant with damages which you will gather
from the inventory in your hands. In
conclusion, the Chief Justice stated that
the evidence against the good repute of
John w. Gray was for the jury's sole de-
termination.
The jury then ritired and are still out.
The next case called was that of Geo.
w. Ingram rs. Thomas Massey. Action
for services rendered as agent in nego-
tiating O sale of farm for defendant,
Geo. 9. Gray, Esq, appeared for the
plaintiff and G. B. & J. II. Rodney, Esqs.,
for defendant.
The jury was still out at the adjourn
ment Of Court.
The next case called was Howard
Pusey, d. b. a. Us. John Kirkman, p. b. r,
Appeal. Harrington for appellant, Bird
for respondent.
This was an appeal from Justice Of
the Peace. 1t appears that in June 1873
John Kirkman hired horse and wagon
to appellant to go to Mount Cuba; the
horse was hitched in a piece of woods
and after standing nearly all day grew
nervous. In the evening the starting
train frightened the already restless an.
lmal, when he broke loose and smashed
up the wagon, injuring himself 80 that
for long time he was Of little use. Mr.
Kirkman was forced to bring the horse
home and to have the carriage repaired
y and recovered from Pusey before JUS
tice.
The appellant seeks to have that de-
eision reversed by jury. The case was
still on trial when Court adjourned
The trial of Isaac Hayden was post.
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