Daily Republican., 1880-05-29
OUR COUNTY COURTs.
A new trial asked for I'm the Croas-
dale.Tuntusa Case.
NEW CASTLE, DEL, May 2S.

L
dale.Tuntusa Case.
Specially Reported Tor tho REPUBLICAN,
NEW CASTLE, DEL. May 2S.
Court met at nine o'clock this morn.
fbg, Chief Justice Comegys and assoria-
ate Judgs Houston on the bench.
The counsel for the defence in the
case of Croasdale vs.. Tsntum applied
for new trial on the pleas lst That
the verdict had been given against
evidence; "a, against the weight Of evil
dence; Sd, against law; 4th, that a
certain amount Of money had been cited
by the Jurors aad that one twelfth Of
it had been agreed upon rs the amount
Of damages.
Such means of obtaining verdict
Mr.. Lore claimed to be unlawful.
Geo. H. Bates, Bsq., said for argu-
ment sake the counsel for the plaintiff
would assume that the facts in the
affidavit we're true. He claimed that II
this was not a good way Of obtaining a
verdict IL was not corrupt. No matter
by what means the Jurors obtained 8
verdict, each one said in the presence
of this Court that the amount which
they cited was their verdict.
Mr.. Whiteley said that II the defence
could prove the facts in the affidavit
they were entitled to new trial, and
il the bailiff would risk the chances Of
their Honors displsssurs the facts might
be proven. He argued that If hat was
passed around among tho Jurors and
each one Of them cited certain amount
upon paper, and after adding up the
same and the one twelfth OF that
amount was decided upon az the
amount of damages, such . verdict was
illegal.
In fac. the Jurors should be punished
for adopting such course. He would
rather be tried by the judges than such
Jurors.
Mr.. Lore said he would prove by q
Juror that the jurors did not deliberate
upon any specified amount IS damages,
but took the mode of obtaining the
amount by naming certain. amounts
ard taking one twelfth Of the sum IS
the verdict.
Mr.. Bird said that by Juror he could
prove the opposite.
Chief Justice Comegys said that If it
could be proven by q Juror that there
was no deliberation upon the matter Of
damages the juror should be PLACED up
on the witness stand and examined and
that the question should be laid over
until the next term Of court so that the
opinion OF Judge Wooten could bs OBJ
tanned. He further said that he was
sorry that such a question had arisen.
Judge Houston said there was no law
to forbid Jurer to try to impeaoh a
juries' verdict.
The matter was discussed by the diff.
ferent Attorneys and remarked upon
by the Judges after which it was decid-
ed that it should come up at the No
vembsr term of Court, MIR. Lore becom-
ing DR.. Tantum's security for the
$70S. .26 the amount Of damages award
ed by the jury.
Application was made that Charles |
Lum's share of tho proceeds from his
fathers estate which the Sheriff now
holds be paid to Robert W. Caster, who
holds mortgage against Charles Lum
for that amount. Decision will bS Civ
en- after adjournment.
VIM. G. Whiteley, Esq., referred to
the life and character of Henry Pepper.
E.q., saying at the bar his modssty
destroyed all his influence bat as q |
gentleman he was greatly respected
Resolutions Of respect were read. The
Chief Justice and Judge Houston made i
\ few remarks. The resolutions were
received and ordered to bs placed On
he rssSrd. Adjourned.