Daily Republican., 1881-05-20
THE SUPERIOR CoURT.
The Session Yesterday Afternoon,
Bright Loses his Case-The New
Castle Hall Case.

The jury in the case Of Stewart vs..
Bright came in at 1.1j o'clock with a
verdict for plaintiff Of $1,000 and costs
At the afternoon session the case oi
James Murine VS.. Washington Lodge
No. ), |. o. o. T., and st. Johns Lodge
No. ., A. Il. A. NJ, OF New Castle, anC
Harry Lape. contractor, was put OF
trial. Nields for plaintiff and Lore fol
defendant. This is an action under the
mechanic s lien law, passed by the Gen
eral Assembly in 1879, and was brough
for materials alleged to have been fur
nished said lodges, and used in the con
struction of the new hall at New Castle
The amount of damages claimed is $40.
10, with interest from October /, 1879.
Upon the presentation Of the case by
Nields, Lore, on behalf of defence, took
exceptions to the title of the property il
question, whereupon opposing coUnse
offered in evidence the deed Otthe grOunC
upon which the hall is situated. The
first witness called Edwin Murine, had
barely ensconced himself in the witness
box when counsel for defe" 9 0hje tted
to his testimony, on the gfouLd that
he was Il son Of James Murine, now de.
ceased and an heir, and as such, AN inter.
ested party. Plaintiffs counsel on the
other hand, claimed that all ofdeceaSed' :
Property had been left to his wife. Mr.
lore then demanded the will. That
important document was forthwith sent
for, and pending its arrival the oppos.
ing counsel dritted OFT into lengthy
and mazy discussion concerning the
legality of the Washington Lodge COR
poratiOn. 1t seems that several years
ago this lodge was reincorporated, and
that through neglect this fact was not
duly and legally recorded until more
than u year had elapsed. 1t does no,
appear on the Legislative journals
whether the vote by which the lodge
was reincorporated, was or was not a
twO-thirdS vote. Both points in theil
entirety would effect the important is
sues of the case, but both were, after a
lengthy discussion between the judge
and counsel, satisfactorily settled in GiI
yorot plaintiff.
The will was now produced, and i
was found that the elder Murine, on
Of the fullness Of his heart, bad lett hi
son Edwin 81, and nothing more
Counsel for the plaintiff then quietly
had him sign paper, making full re
lease of the beQueSt. Mr.. Nleids theI
poclIcted the paper, and turning to Mr.
Lore demanded that the witness be al
lowed to give testimony, as he was n'
longer either an heir or an interested
party. Mr.. Lore, taken somewhat b,
surprise at the suddennesS OF the move
after studying a moment, allowed th
witness to proceed. He testified tha
B. +. Perkins, contractor for the stsne
work on the hall, had d conversa
ton with his father, on his premises
sometime during the latter part Of Alt
gust, 1879, at which time his tathe
agreed to supply the necessary stone Il
the rate of Sl.l0s per perch, decE
measurement.
Henry b. Runford was sworn-Wa
paying teller in the Brandywine Nation
al bank when asked to examine the sig
natures OF Perkins upon anumber oire
ceipts, given in connection with stOn'
furnished, pronounced them all genuine
but one; that one was forgery.
William Herbert, treasurer of New
Castle county swOrn-Was chairman 0
the building committee of Washington
lodge; in response to a telegram from
either Perkins or Murine, had attend
ed to the unloading of one cargo Of th'
stone at the New Castle shore, and haC
likewise estimated it with his eye: hat
nothing further to do with the case,
Archibald Coates who had boated tht
stone to New Castle for Murine wa
the next witness, and at the conclusion
of his testimony Court adjourned.