Daily Republican., 1879-05-26
OUR COUNTY COURT.
A small Attendanco-The Newark
Road Case-Shavang On sunday
IllegaI-The Argument OF the
COunsel.

1lIe&0l-Ino ATkWusVMs Va
Counsel.
Specially reported for the Republican.
New CASTLE, May "a, 10.
In tho afternoon the attendance over
that of the morning wasn't improved
in the least. The time between Twelve
O. o'clock and half-past one was taken up
in hearing evidence in the Newark
Road case. This was brought up at the
last session, and for several sessions pre-
yious to that but always under differ
ont objections. The question at issue
is: Shall Choate street bs extended
through the property of VIM. Dean?
The commission appointed by the Court
in 1871 says it shall, while Mr.. Dean
4, do erminedly says it shan't. A friend
OF Mr.. Dean explained to US that this
road was not public one, and 1t is
only opened for few parties.
Time and time again the commission
ers have reported and just as often has
stheir report by the energy Of Mr.. Dean
and the efforts of his equally energetic
counsel, Ignatius c. Grubb, been an
nulled. The commissioners recovering
from each successive defeat, with wiser
heads have returned to the attack only
to be checkmated by their irrepressible
antagonist. This term Of Court the
Commissioners again present their re-
port and ask for its confirmation. For
their counsel they have Anthony Hig-
gins, ESQ. Mr.. Dean, through his coun-
sci, Mr.. Grubb, says that VIM. H. Smith
and William A. Morrison were not the
ones authorized by the Court to lay Out
the road but that the business should
have been done by William Morrison
and William Smith, that the repor
does not state that it is absolutely
necessary for public convenience tha
the road should be laid out says "tha1
the convenience and benefit of the citi
zens living thereabout need new pub
| lie road" that a majority of the indivi
duals appointed did not go on his pro
perty to view the land through whicf
the road was to pass and that HI
was not given an opportunity to appea
berore the commissioner before the,
condemned his land, in view OF all
which he thought that the report shoul'
be set aside.
The Court replied that if he coul
satisfactorily prove the first objection
as laid down that alone would be sutfl
cient. Mr.. Grubb replied that he coul'
and at once began to call witnesses Mr.
Dean was the first and was followed b.
others, who proved beyond question
the misapprehension ou the part q
those appointed to lay out the road
The court ruled in favor of Mr.. Dean.
After recess which followed the an
nouncement of the decision on tn
road case, considerable discussion Ell
sued as to who should pay the witness
es il the matter. The Court replie'
that it was binding upon the State.
SUNDAY SHAVING.
The rest of the day was spent i'll lis
tening to arguments before the court
The most important of these was tha
of William C. Spruance, Esq, who i
the case of John Parker, defendant be
) low vs.. State Of Delaware, plaintiff be
low, on certiorau made application
: that the fine of "a and costs impose
by Squire Hagany for doing business i
his barber saloon on Sunday, be Sc
aside. Mr.. Spruance wished decisio
on the part of the court 50 as to chec
: fanatics and extremists from interior
, ing with person in the perfsrmanc
of such duties as are absolutely neces
) sary to secure health and comfort
: One of these duties he thought wa
shaving. Some persons shave ever.
r day and where they do not it has ba
effect upon them.
Their Honors said that where pei
son shaves himself he is not amens
t BILE to the law, but where perso
l is shaved by another and the act is
l means employed by second perso
to secure remuneration the violatio
of laws. Mr.. Spruance cited til
decision of Judge Booth on the mean
ing of the Sunday statue, to all
which the court agreed, but could ne
see the relation between the point cite
and the question raised by Mr.. Spr,
ance. Mr.. Spruance then stated thu
= the main point on which the applica
= tion.was made was that rising from tL
: neglect on the part of Mr.. Hagany, wilt
: as the record shows, in imposing fir
= of A. and costs upon Mr.. Parker di
:. not adjudge him guilty. The cou'
7 set aside the Magistrates decision 0
! lat point and the further argume1
& was closed, leaving the matter Of SUI
+ day shaving undecided.
= AN ADJOURNMENT.
1t is thought that the court will hol
all of next week and probablya a porto
of the week following. There being ]
> criminal business, civil actions will
up alone. The case of Patrick Magyar
ty will come up on Monday for argl
ment, and will not 60 to the jury unit
. Tuesday. Following this there will
= an ejectment suit to be directly followe
- by another action for damages again
the city. This is suit for $1,000
;, damage brought by Eliza and MAJ
e Harris. The suit of ejectment whic
q has a priority is against Eliza al
Mary Harris, the plaintiff being I'll
Delaware and Western Railroad.
These two suits will probably la
a four days. Besides these there al
i quite number of minor actions whlc
+ come up at this term.
A Dangerous Form OF LnnRcy'
u There is some danger that murd'
under what is called sacrificial lmpuls
like that at Pocasset, by the Adventist
may b,come contagious. Recently
man at Dexter, Me-, while chopin
% wood in his yard, was seized with tn
a idea that it was his duty to kill h
J. wife, and it was only the timely a
rival Of neighbors that prevented h
Ill s.,$p