The Morning herald., 1876-05-23

that the Bostons will play here on Saturday
is denied.
The amateurs. play game one day this
week with the Philadelphias, but the date
is not definitely fixed. :,
A match game of base ball was played
on Saturday between the Lafferty nine and
Buffalo nine, which resulted in favor OF the
Laffertys by score of seven to one.
THE SUPERIOR COURT.
Opening of tho Civil B~ssness--7he Ne'c
CHIEF Justice RESOLUTIONS IN Memorial
of tie Late Chief Justice.
New CASTLE, May %, 1876.
The Superior Court met this morning at
10 o. clock, Chief Justice Comegys aid
Judges Wooten, Houston and Wales on the
bench.
Immediately on the assembling of the
Court, Judge Wootcn ordered tho crier to
command silence in the Court room, when
the Prothonotary read the commission OF
Joseph P. Comegys, ESQ, as Chief Justice
of the State of Delaware, vice Hon. Edward
W. Gilpin, deceased.
Judge Houston then proceeded to deliver
two opinions Of the court upon argument
had at precedlng Terms.
The first opinion was in the case of Row
botham Va. Prince; action for breach OF
lease. The defendant had demurred gen
orally to the plaintiffs case as set forth in
his declaration. Judgment went in favor
of the plaintiff.
The second opinion was in VIM. P. Smith
vs.. Watson & James-action for breach
of covenant. In this case the question as
to what was the proper time te make
payment under the covenant. 1t appears
that defendants upon day on which pay
ment under contract was duo to plaintiff
went and rendered the money after business
hours and at plaintiff IS residence. The
plaintiff refused to receive the money, al
iesing that payment must be made at lis
place of business ard on business hours and
brought suit for breach of covenant. (The
defendants demurred.) The Court held
that the tender of the defendants was made
in broken time and sustained the demurrer
The Court then took up the Trial List
and went over the cases and having finished
the rest of the morning was devoted to the
making of m otions, &c.
Court took recess at 40 p. M, until s
o'clock.
AFTERNOON SESSION.
Court re-asse mbled at 3 p. m.
Immediately after the re-assembling Of
the court John G. Patterson, Esq, arose
and addressed the court substantially as
| follows
May it please the court, we miss the face
of one who for long years has sat upon this
bench, and whose absence is keenly felt
Death has been among you. lie has come
and taken away from among you one who
| for nineteen years was upon that bench,
aud in all that time with an absence OF but
two or tbre terms. This bereavement nat
urallv calls our attention to the uncertainty
of life. This court should take to heart the
lesson taught by this loss. 1t is natural that
We should take to ourselves this lesson,
and that we should inquire what we should
learn from the results of his career. The
late Chief Justice attained to his position
from qualities of mind which were given
him from God. He despised. all that was
low, all that was dishonorable.
Bishop Lee said at his funeral that he
was called from this tribunal to the tribu
nal whose judgments are n1iexible. It is
related of French soldier, DR.. l.. Tour
Dauvergne that from the faithful and jeal
GUS discharge of his duties he was called
the First Grcnadier of France. He fell
on the field Of battle fighting un
der his flag. There was an order
made that thereafter whenever his name
was called at roll call the old
4 faces to the front and responded, "Dicd OF
the field Of honor" 1t could equally b.
said of our late Chief Justice, "Died on th'
field of honor"-died at the post of duty
: At meeting recently held, in the Unitet
States Court Room, on May 3, last, resolu-
, tions were adopted, and committee con
sistine of Hon. Thos. F. Bayard, Mr.. Rod
ney and myself were appointed to presen
; them to this Superior Court.
|; (Mr. Patterson here submitted to the Ba
3 resolutions, and moved that they be sprea'
' upon the records.)
: Mr.. Rodney rose and acquiesced In all tina
0 had been said, and did not propose to aa'
f anything to the happy remarks OF his col
! league. -.
Judge Wooten-I was associated wit
8 Chief Justice Gilpin for 1S years, and ha
' an opportunity to know him well, not onl
q as an upright Judge, but as firm frleno
q Though we differed at times the feelin
e passed away, with the occasion, and he wa
J. always an agreeable and affable companion
q He had strong will, but fortunately h
{ was generally right. He always ente1
: tained the best feelings for the bench an
bar.
a Judge Houston said he did not propose
q say anything on this occasion, but to col
cur in the remarks of his brother. In b
e own county when the bar resolutions wei
presented, he would deem it appropriate
It have something more to say.
d Chief Justice Comegys-That he had bee
: appointed member Of the committee
present resolutions to the Court OF Erro
and Appeals, which duty he would perfor
to the best of his ability.
Out of respect to the memory of the ia
Chief Justice court WAS adjourned at
m. until tomorrow morning at 10 o'cloc