The daily gazette., 1879-05-26
THE COUNTY COURTS.

THE ROAD CASE FINIsHED.-MR. DEAN
WINS A vICToRY-OTHER COURT BUS
INEss-THE QUESTION OF SHAVING ON
SUNDAY, ETC.
Especially reported for the GAZETTE
New CASTLE, May 24.--When the re-
port of these proceedings closed this
morning, ,thefamOus "Newark Road Case"
was still on trial.
In opposition to the exceptions taken
by Mr. Dean in relation to one of the
Commissioners for the opening of the
road being the wrong appointee, Mr.. Hig-
gins produced evidence to show that
when the appointments were made, Mr..
Dean himself was under the impression
that VIM. A. Morrison and not William
Morrison was the Commissioner named.
After brief argument by Mr.. Higgins
the Court ruled upon the exceptions
taken by Mr.. Dean. Alluding to the
allegation that Mr.. Dean had been de-
MED the right to appear before the Com
missiOners, Judge Houston said was a
great injustice, as in the case of the con-
demnation of road, the aggrieved par
ties have right to be heard before the
Commissioners.
In referring to the exception that the
Commissioners did not, in their report,
set forth that the proposed road was
Unnecessary for public conveniences and
travel" but only recited that 1t was ne
cessary for the convenience of persons
residing in that neighborhood, Chief
Justice COmegys stated that the "public
convenience" must appear in some other
wav than is shown in the return. Other
wise this might be deemed only a pub
lie road. He said the exception to the
name of one of the Commissioners
was also sustained, but that the Court
would refuse to confirm the return Of
the Commissioners on the ground that
it did not declare their determination
that the road was necessary for public
convenience andtravel, las requiredby law.
Therefore new petition would have to
be presented for commission to open
and lay out the road.
And thus ended, for awhile, the famous
"Newark Road Case" which Mr.. Dean,
through the skill and legal expertness of
his counsel, Mr.. Grubb, has been ena-
bled to successfully floor at every term
of Court for the past four years.
In relation to the commission on the
proposed Tweed's Mill road, which
made return of "no road," Mr.. Dean
withdrew the exceptions he had filed
against it.
At 1.3O O'Clock Court adjourned until
3 p. III.
AFTERNOON SESSION.
Court reas sembled at 3 o'clock.
In the case of Mansel Tweed us. Ma
than Dyatt, action for rent, the Court re-
fused All application Of Anthony Higgins,
! E-q., counsel for the defendant, for a
Judgment, on account of the insufficient.
cy of plaintiffs affidavit.
/, In the case of Chas. A. Lum, defen
dant below, us. Peter b. Alrich, plaintiff
, below, certiorari the judgment obtain.
ed by the plaintiff, on which certiorar'
was taken, was confirmed.
The "Newark Road Ease" again came
up in a DISCUSSION between Messrs,
Grubb, Higgins and the Court, as to who
would have to pay the costs of the troub-
lesome affair. After thoroughly looking
into the law, which seems to be rather
imperfect and not at all explicit, the
Court ruled that the costs must be paid
by the county.
The next case was that of John Par
ker, defendant be'ow, rs. The State of
Delaware, plaintiff below. This is the
case wherein John Parker, a barber, OF
Wilmington, was held before Esquire
Bagany, OH charge of "shaving for hire
on the Sabbath day." and required to
pay fine OF four dollars and costs. De.
fendant carried the case to court on 8
certiOrdri.
VIM. G. Spruance, E'q., counsel fol
the defendant below, cited several ex-
cepto ons to the judgment of Justice Ha
gany, some of which were as follows:
That the record does not allege the of
fense was committed onlSunday, but onl.
hat it occurred en- the 7th OF July. Tha
the justice had no jurisdiction in th
case, the law giving them such jurisdic
ton being unconstitutional. That tn
defendant was not adjudged guilty by tn
record. That "shaving for hire on thu
Sabbath Day"is necessity and charit ty
Mr.. Spruance argued these and othe
exceptions at considerable length, speak
ing parti ,ularly upon the alleged uncon
stitutioDality of the law granting Justice
cf the Peace Jurisdiction in these cases
He claimed that the alleged offence wa
not one of the character which, by tn
| Constitution OF th6 the STATE, are place.
} within the jurisdic ion of q Justice of th
Peace. Mr.. 81 .ruance also said he desire
to see the Justices of the Peace strippe
of the power to annoy people under tn
provisions of this law.
Judge Comegys said this was one o
the most important cases that had ye
come up before him for consideration
viewed from the exception to the const
tutionality of the law under which th
Justice acted in this case. But withor
deciding this point he reversed the judi
ment of the magistrate, on the exceptio
that the defendant was not adjudge
guilty by the record, it appearing til
record Merely recited that the parties
the case appeared before The Magistrat,
: and the defendant fined four dollars an
, costs, without being adjudged guilty.
The discussion lasted nearly an hou
!, and was quite interesting 1t included
general review of the question of SUI
i day hire, but the Court did not entire
agree with: M lSpruance that shaving fl
hire on the Sabbath day was work
necessity or charity. Judge Housto
however, agreed with Mr.. Spruan'
: that the record did not allege that Il
!, offence was committed on the Sabbai
3 day in merely reciting that 1t occurrt
I on the 7th of July.
= After disposing of few unimportal
motions Court, at $50 O'Clock, adjournt
until 10 o'clock Monday morning. wht
the Magarity damage case will aga
come up and probably occupy the emit
day.
n This afternoons session of Court W
0 as unlike the first days session as 1t