The daily gazette., 1880-05-22
FIFTH EDITION.
THE COUNTY COURTS
TIE NON SUIT REFUSED AND
THE LIBEL CASE To GO ON.
THE USUAL SATURDAY BUSINESS OF
THE COURTS PROCEEDED WITH.

Specially reported for the GAZETTE.
New CASTLE, May 22.
Court opened at 10 O'Clock, this MORN
ing, Chief Justice COmegys and Judge
Houston on the bench.
In regard TO the motion for u nom
suit by the defense in the libel case of
VIM. 4. Croasdale VS.. WIN. Bright,
Judge Comegys said the Court consid-
cred there was some evidence Connect
ing VIM. Bright with the publication of
the libel, aud 1t ought TO be submit. d
TO the jury, for them To pass upon anu
determine. Therefore, the motion Tor
non-suit was refused, and the Case would
60 on.
The Chief Justice said the court
deemed it unnecessary TO 90 into de
tail of the reasonings that iudr ced this
d, sion, on account of the influence IL
might have upon the tiual determine
ton OF the case.
Levi. Z. Bird, Esq, made application
TO the court for the settling asi oi the
Sheriff's sale of certain property oi
Anthony ReybOld, in Delaware City, in
cluding a certain wharf p. operL,, in
which Mr.. Reybold's interest was one
sixth and one-fourth of one. sixth.
The grounds were iusufficIency of price
aud all inco, rect descriptI,n OF the prop
erty in the advertisements.
Mr.. James b. Henry, of Delaware
City, was called by Mr.. Bird, and tes-
titled, after various attorneys had
mentally figured and decided that Mr..
Reynold' S interest III the wharf proper
ty aggregated five twenty fourth, that
he considered this interest worth from
81, 900 to 81, 500, and that lie would he
willing to pay this much If he wanted
the property. The witness also said
that if he was not familiar with the To-
cation of tile property he would not
recognize it from the description given
in the advertisement.
Mr.. Jesse Alexander testified that
he believed MIR. Reynolds interest in
the wharf property to be worth from
81 800 to ~, 900. In Mr. George Rob
inson's opinion, it would be v orth full
ly $4,000, and Mr.. James Clark, who
also owned sixth and the fourth of a
sixth in the same wharf, said he would
not take less than 81, 900 for his inter
est, as he paid $1,000 for it, and had
spent some money on it since his pur-
chase. Mr.. George z. Tybout was of
the opinion that Mr.. Reynolds inter
est was worth about 81 900; he owned
one-third of the property cnce, and
sold his interest several years ago, in
an unimproved condition, for about
$1,000.
At the Sheriif7s sale Mr.. Reybold' 5
interest brought only $50.
Decision waa haId ny.,. ,,,,;I ,,oxxA
week, at the request of MIR. Rodney,
for the creditors, aud the motion 70
set aside the sale of the rest of Mr..
Reybold's property, small lot, was
refused.
On tie application of J. Frank Bal,
Esq. charter was granted 10 the
5; nd Blast File Company, with Ed
ri Trump, s. Mcpherson and
tn'J Reese as corporators.
Ga the application of Joshua Maris,
50 j. A. Richardson, Esq, was APP
pUidted commissioner to take testl-
mony i'll the case of John II. Nor
rison VS.. Hannah L. Morrison, libel
for divorce.
j. Frank Ball, Esq, addressed the
Court i'll an application for the dis
Sh0iSN iiphi ShSAOuN OH WIFI OI
hd6eds corpus, of George 5. Hagany
alias slim jim" lie said the PROSE
cution OF Hagany had developed into
persecution. lie was recently ar
rested upon charge of burglary and
committed for trial ON evidence that
OILY proved his presence ia lhe store a
few days previous to the barl larry. Tie
bill was ignored by the Grand Jury, but
scarcely aas Hagsny released from laIl
ere he was rearrested on triv al, lump
ed up charge. The only reason for such
proceeding, Mr.. Ball argued, was that
Hagany's character orIeputarIor, was not
50 clean as that of some other people.
He had often been accused Of crime, bur
never convicted, and these repeated
causeless charges against him were cal
culated To deprive HIM of his character.
The grounds of the application. Mr..
Bal 81 ated were !: That the comm TIM. 1T
was illegal and void; that the commit
ment fails 10 show any jurisdiction ON
| The part of the committing mag ST. at l..
MIR. Ball Was proceeding to cite legal
authorities in support of his applica-
ton, when the Court discovered that
the Sheritf's return to the writ of
hd6sds corpus was not made thereon
and i'll accordance with the prescribed
form. The matter was then tempo
rarily postponed untilthis dc feet could
be remedied by the Sheriff.
1he well known cases libel against
Henry Evans, of Wilmington, growing
out OF the last municipal election, were
continued until mex term.
Several other cases of private ma
ture were also continued by consent of
counsel on both sides.
In regard To the petition for a new
road in Mill Teek Humid ed, commence
ing at the Lime Stone Road, at Church
Lane, AID terminating at the bridge
over Red Clay Creek, the Court, on ap-
pllcatIon Of Benz. Nields, Esq, refused
TO Confirm the report of the commits
sloners appointed to lay out the road
Charles b. Lore, Esq, made applica-
tion for new trial for Edward Cassidy,
convicted of all assault and battery on
John NJ. Legg, with intent 10 kill, on
the usual grounds, and on account of
the discovery of additional evidence.
with bis application he submitted the
afhdavits of Edw. Simpson aud Martin
Heyno DIS, who deposed that they were
present in Cassidy's sal on during the
reported assault on Sergeant Legg, that
they saw the whole occu renee, aud that
they did not see Cassidy take q pistol
fir ON the drawer.