Daily Republican., 1879-05-22
FOURTH EDITION.
Our COUNTY COURT.
The Result Of the Demby case .
Topic Of General DiscassiOn-The
Ciyil List yaken Cp-Francis X.
Merrick Admitted 10 the bar.


Merrick Admitted 10 the Bar.
Specially Reported for the Republican.
New CASTLE, May %, 10.
There were a large attendance this
morning and though there are but few
criminal cases on the docket still the
interest in the proceedings does zot
seem TO decrease 10 that extent which
one would imagine. Several young men
came over in the morning train and are
witnesses in the Lizzie Stewart case,
she being charged with selling liquor
without license. Lizzie is in jail, and
has often been before the Mayor on dit
ferent charges, and her ranch" over
Market street bridge is now closed. The
Demby murder case was the subject of
general discussion this morning and
opinions varied.
Many favor the action that the Attor-
ney General took in the case, while
others think that the suit should have
continued, and gone to the jury.
City Solicitor Macallister and Coun-
cilmen Price and Paynter are attending
Court, and are witnesses in the case of
Patrick Magarity VS.. Mayor and City
Council of Wilmington, all action for
damages caused to the plaintiffs prop
erty by the overflow Of the Monroe
street sewer. This case was expected
to come up as the first case this morn
ing, but Chas. B. Lore, counsel for the
plaintiff, asked leave to amend the
narr, which was granted.
TIE trial list was considered and
number of cases were disposed of by
reference.
The first case tried was that of Letitia
L. Green Us. W. r. Rothwell and John
J. Lockwood. |. c. Grubb, ESD, for
plaintiff, and John H. Rodney for de-
fendant.
This is an action in behalf Of the
plaintiff for recovering from the defend
ant $3.50 with interest. for balance due
for rent of mill property belonging to
the plaintiff in Middletown. The plain
tiff endeavored to show that defendants
rented the property in the latter part
of May, lit, occupying the same until
March 25th, 1878, when they ed
cut.
The defence claimed that the con-
tract to rent the property by deten-
daDts was conditioned upon them con-
cluding to engage in the business of
making peach baskets but that they
never entered into that business for that
purpose. The plaintiff claimed that all
alluson to this condition was made
previous to the renting of the building
and that the rental contract was absO-
lute and unconditional.
The witnesses for the plaintiff testi-
fed to the occupancy of the building
by the defendants, one of them testify
ins that he had been employed last
fall by John J. Lockwood to work in
blacksmith shop attached to the bull
ding.
The defence had no witnesses but
argued that the renting of building
was conditional as above stated, and
that the condition of renting was not
carried out, he hoped that the jury
would only allow from the time
the bull ing was occupied as black
smith shop, as that was the only proof
that the building was occupied.
Counsel for plaintiff argued that there
was 10 proof of rental upon condi
ton. He claimed that upon one OF the
witnesses testimony it was an absolute
contract and these men entered in
the pursuance of that contract. They
had the power to use it for any purpose
they pleased, ,and they We're responsible
for the rent. He thought it was suf-
ticiently proven that they did actually
engage in business and not only in
one but two or three.
The case at ll.3O was given to the
jury.
The committee upon the examination
of Francis y. Messick reported that he
was well qualified and they therefore
recommended that he he ad mitted, which
recommendation was approved by the
Court and he was admitted by taking
the prescribed obligation and paying
the usual fee.
Narrow Escape From Death.
VIM. Allen, ala. Storey, of st.
Louis, eloped with Jennie Atchley, the