The daily gazette., 1879-05-29
THE COUNTY COURTS.
BALANCE OF YESTERDAYS PRO-
CEEDINGS.

A DULL SESSION YESTERDAY AFTER
NoON-THE NOTE CASE ARGUED
ACTION OF THR COURT IN RELA-
TIoN TO THE DEATH OF EX-CHAN-
CELLOR BATES.
Especially reported for tn. GAxETTE
New CASTLE, May 2S.-Court reas-
sembled at 8 o'clock, this afternoon,
Judges Comegys, Wootten and Houston
on the bench.
/. G. Grubb, Esq, filed his application
for a new trial in the case of Letitia
Green, %. w. r. Rothwell Il Co. This
was an action for the recovery of $3.50,
rent due ,and the jury returned verdict
for the plaintiff, to the amount of $75
only. Mr.. Grubb was counsel for the
plaintiff.
Mr.. Lore then proceeded to address
the jury in the case of Geo. II. Hollis us.
Isaac W. Vandegrift. He spoke for
about an hour in a forcible argument
to prove that the notes had been altered
after they were executed and lett the
honds Of the original markers, and that
such alteration, with out the knowledge
and consent of the makers, invalidated
the instruments.
Mr.. Moore followed, and argued in
favor Of the utter imprObability of the
notes having been altered in any respect
by Geo. H. Hollis. He also argued that
even If 1t had been proved the notes
had been altered by Geo. II. Hollis, the
makers of the notes afterwards acknow-
ledged the debt they had contracted, by
signing and executing the judgment
bonds.
Hon. VIM. G. Whiteley addressed the
Court in an appropriate allusion to the
death Of ex-Chancellor Hon. Daniel M.
Bates, and to the action of the Bar Asso-
citation Of New Castle County, which
had adopted appropriate resolutions in
relation to the death of Mr.. Bates, and
appointed himself and Levi c. Bird,
Esq, as a committee to present them to
the Superior Court. Mr.. Whiteley then
proceeded to deliver an appropriate and
eloquent eulogy of the life and charac-
ter of Judge Bates, at the conclusion of
which he presented the resolutions, and
moved that they be spread upon the re-
cords of the Court.
Levi G. Bird, Esq, followed with an
able review of Mr.. Bates eminent legal
attainments and judicial qualities, and
seconded Mr.. Whiteley's motion that the
resolutions be spread upon the records Of
the Court.
Chief Justice Comegys spoke as fol-
lows:
1t Is with more sensibility than have
ever felt for the loss of any one who was
not connected with one by family ties
I that take part in these mournful pro.
ceedings. Other distinguished men Of
our profession have bet n separated from
us BY the hand of death; but in none OF
them did feel more interest, and with
none were my relations more harmonious
considered In all their infuenc4s) from
first to last, than with the late Daniel
NJ. Bates.
My acquaintance with the deceased
goes very far back, when he was q small
and delicate boy. though he was my
Junior by near six years, yet we were
boys together, and received part of our
instruction from the same teacher.
We separated when he was placed else
where, and exchanged from school to
life IN the country. This was IN 1920.
have all witnessed, was very feeble, phys
ically, and unfit to buffet with the rough
ness Of his lusiier companions; but was
possessed Of mild and gentle DISPOSE
tion, and those appealing influences that
At all times dissrmed any disposition (if
honorable boys ever feel such) 10 take
advantage of his physical inferiority.
We all know, however, that he had the
true, manly spirit; his inability to assert
1t In rude contests only made us the
more respectful of it, otherwise. that Is in
lellectually, he was the equal ofthe very
best. In the field of mind lie had no sl-
eric that we all recognized; boys do it, as
we'll as men. While boys yield great
homage to the stalwart qualities of their
companions, they also always pay such
superior Difference, As youth may, to
mental excellence. This is trait Of boy.
hood, often better shown than in ma.
ture life, when Jealousy prompts unman.
| ly to decry superiority.
Then he passed away from all of us
who remained, to return again only
which college life gives. Equipped with
that, he entered upon the study of the
law, and brought to that task the habits
Of application which the schools, and his
own native instinct of Investigation, had
taught him. With his natural zeal, in
aid Of these, he was presented for admis.
| sion to the practice of his profession
ready to enter upon that service, and
trained by. office life to make it easy
With his natural and acquired Advan
tages, and those which the training In
his fathers Office gave him-where the
most rigid adherence to the rules o
p esdlng and practice was eQuired-i,
Is not TO 6e wondered at. that the young
aspirant for professl Onal success took al
once an independent and high plac,
among his brethren. In fact he wa
concerned, a. counsel, more than thirty
years, in ono Of the most important cases
ever heard before the Court of Appeals
Potter, which involves the validity Ol
charitable dsvises in Delaware. He wa.
also counsel In Pritchett u.s. Clarke and
other important cases; and though ht
had not been long in practice when they
came up for hearing, yet he acquitted
himself in them SO IS to challenge the rs
spect OF the Court, as well as that Of hii
brethren at the bar
The promise Of his early life was full
filed in his more mature years. His wa
not q fame OF mere brilliancy, which
except In very rare instances, is not aus
tanned beyond the period of youth; bu
was . lasting possession, augmented
and not impaired, by the lapse of time
Bright as his youth ct the bar WAS, anC
surprisingly successful in the acquire
ment Of business, his qualities constant
ly received aid from age and experience
until he hnally attained as high . stand
ing In his profession As the most Ambi