The daily gazette., 1879-05-24

CASE POSTPONED "A DIVORCE
GRANTED AND AN APPLICATION
WITHDRAWN.
Especially Reported for the Gdzette.1
New CASTLE, May pa Court re-as-
sembled at the usual hour this morning,
Judges Comegys, Wootten and Houston
on the bench.
q. u. Rodney, ESQ, counsel for the
defendant in the case of T. T. Derring-
ers administrator VS.. B. M. Derringer's
administrator, applied for continuance.
The case has been on the list since the
November term, 1874. The application
opposed by Messrs. Higgins and Spru-
ance, counsel for the plaintiff, and after
all argument Of over an hour, a contin-
uance until next week was granted.
The ground of the continuance was the
absence of material witness.
In the case Of Sarah f. Hannum vs..
stephen Hannum, libel for divorce.
Joshua Marris, Esq, counsel for the pc
titioner, presented the return of II. e.
Conrad, Esq, the commissioner appoint
ed 70 take testimony in the case. The
return was to the effect that the allega-
tions Of the petitioner were sustained,
and that decree of divorce should be
granted, the defendant TO pay the costs.
The decree was accordingly granted.
The case of Sarah E. Shannon vs..
Thomas Shannon, libel for divorce was
discontinued.
The trial list was considered, and a
number of cases disposed of by discon-
tinuance, postponement and reference
AyAMoUs Road CASE.
~ In the Court of General Session, tbis
morning. the somewhat celebrated
Newark Road Case" came up for trial
The case has been claiming the attention
OF the Court for several terms past anC
grew out Of an appllca to the Court
about 1875, for O commission on tht
opening and extension of Choare street
in the town of Newark, This street rar
70 the town boundary, and Immediately
beyond 1t lay . portion Of VIM. Deant
J property, adjoining the Methodist bury
ing ground.
The extension Of the street was oppos
ed by Mr.. Dean, n the gra md that ths
proposed imp ovement WAS for the ben,
fit OF a few private parties and not fol
: the public benefit. Through his counse
I.C. GruDb, Esq, he has had TIE severa
. returns of the various commissions up
set from time to tine, as they were pre-
sented to the Court, but by this time hi.
: legal objections are we'll nigh exhausted
The project Of opening the street is be
ing pushed by parties living along tn,
, line thereof, who are represented by An
thony Higgins, ESQ.
The legal objections Of Mr.. Grubb Il
the confirmation of the return Of tn,
freehOlders to the order Of the Court ap
pointing them to lay out said road, are
briefly, as follsws; r
, 1st. That two of the freeholders, VIM
II. Smith and VIM. A. MORRISON, wer
appointed by the Court, and were no
authorized to perform the duty, tn
Court having, on the contrary, sppeint
ed W,llidnl Morrison and William Smitl
2d. That the return does not set fort
that ''such road Ia needed for public cor
venience," but, on the contrary, only a,
serts "that the convenience and benef
of the citizens living thereabout need
/ new public road.".
Sd. That the persons appointed, or
least a majority Of them, did not 70 uy
on and view the premises through whi1
the proposed road il to pass.
= e4th. That the Commissi oners appoir
]. ed did not and would not give the d
g titioner an opportunity of appearing b
l fore them before they condemned
: : lands taken for the opening of the PR
posed road.
. The Court stated TO Mr.. Grubb that
i he could prove the fact alleged in IL
i Hrst objection and that there was real
: . difference in the parties, and not sin
ply mistake in the name, the cas-
{ would end.
! VIM. Dean took the stand and testifie
that he handed to Mr. Higgins, VIII
J: presented the names Of the commission
4 ers appointed by the. last Court, I'll
name of William Morrison, and that I'll
/ person who acted was William A. Mo
y rison, son of VIM. Morrison. The p,
tition for the commission on this rOa
had been lost, but the petition for al
other road, on which the same commi
sion had been appointed, was on fill
showing the name of W,llidm Morriso
= as one ofthe Commissioners. Villa
Morrison lives in White Clay Creek II
and William A. Morrison lives in Nj
Greek Hid. ''
3 Mr.. Higgins produced letter wri ttt
by Mr.. Dean to William, Morrison, as
ing him to meet the commission, but d
!, rected to "William Morrison, Mil Gre
b, Hd."
,e In explanation of this letter Mr.. De,
"a stated that he had written it under Il
re- re impression that Mr.. Morrison of M
}: Creek Hd., had been appointed on u
y commission, as he had been SO inform
n n by Mr.. Homewood, one of the comm
y sioners.
g. The Court deemed this explanati
N perfectly satisfactory. ffa
d All the exceptions except the thi
r. were positively testified to by Mr.. Dea
ts The case is still on trial.