Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1881-01-20
Wilmington ara could not fnrniah pail

He would have to bring it from Dover,
and must go Jail in the meantime, sn
! indigulty that had once before neen offered
him In these trials under similar cireum-
stances.
The Court refused to allow continu-
ance. The District-A Attorney said If ne
was compelled TO enter n0Lte pr0Segm to
this Indictment he would Immediately
issue another upon the defendant.
The jury, after having been out for 20
minutes. returned with VERDICT of mot
| guilty" in the first case against Levy.
A jury was drawn to fake "a verdict in
the three following ogses: United States
vs.. William d. NolaDd former collector of
| this port; United States ys. b. E. Perkins,
and United States VS.. j. r. Finn. Per-
kins and Finn were the securities for
Noland The jury drawn in these cases
being the last one required. the other
| jurors were discharged from further
attendance at this term.
District-Attorney Patterson explained to
the Jury empenelled in the csse against
William d. Nolapd, that he WAS port col.
leotor at two different tinos His last
term ended in 1876 At this time he was
indebted on his account to the, Govern
ment. His indebtedness had siDce been
reduced to the present amount SG9l %
principal and interest. A verdict for this
amount the Government claimed against
each of the defendants ut the hands Of the
| jury. Charles b. Lore, ESD, who
appeared for Perkins, and Levi O. Bird.
| Esq who appeared for Finn, acceedine
to this claim the Jury rendered verdict
accordingly without leaving the box.
There being no further business for the
| jury at this term they were discharged,
and the court adjourned until Saturday
at II o'clock, when it will hear the srgu-
ments In a bankrupt case to be argued by
Z. G. Bradford, Dr., Esq, and I. G.
Grubb, Esq.
In paging of the last jurors The ques-
| tion arose es to the amounts due to them
that is. whether they should be paid
mileage for each day, in addition to their
pay per diem. This has been the prac-
lice in the State courts but not 10 the
Federal courts and the question never
before having arisen in the latter courts.
| The clerk was undecided as to what
amount was due the jurors. He, together
with the district attorney and Mr. Lore
came in to get the case decided. but the
court adjourned.
They consulted with the Judge, who
WAS clearly of the opinion that the jurors
should be paid mileage for each day This
would be big haul for those living at
distance, for instance, in Sussex county.
The Judge thought the distance made no
difference, as the practice now is in the
Federal courts the juors who come here
are actually brought in bebt by their
attendance.
Marshal McMullen wanted the case
authoritatiyely decided bsfore he paid out
suoh amounts as the judges view OF the
matter would require, because otherwise
his accounts might be returned to him
from Washington as incorrect, and he be
held to make the over payment good to
the government.
A5 the question was new one and re-
quired consideration 1t was thought best
that the jurors should be paid according
TO the old practice, and if it were found
on examination that they we're entitled to
more it would be paid, The question ia
an important one and decision concern
ing the matter will be looked for with
interest.
The United States District Court met at
ii O'Clock, q. M, Saturday. Another inter
estiDg financial question was raised, which
was of this nature The practice has
always been heretofore that when money
was collected by the government In trial
at law, the whole sum has been sent down
10 Washington, and the costs must be
applied for, and obtained from there.
This entailed great deal of extra trouble,
and was merely rcd tape, being OF
no benefit to eny one, and
very inconvenieot to those entitled to the
costs. Ii has been the practice in the
State courts for the Prothonotary to d.
duct the costs and then pay the remainder
over to the State Treasurer, that ia in
where the State recovered money in a suit.
A recent decision In the Philsdelphia
Circuit Court was to the effect that the
Federal authorities had a right to do this,
and then forward the balance, the aetuGl
sum due the government.
Mr. Patterson said he was going to fol
low this decision and would take the se.
sponsibilty of retaining the costa.
This term of the District Court seem;
prolific of new and interesting questions.
Yesterday MIR. Higgins laid petition be
fore the Court asking that the witnesses
subp9 9aaed by the defense in the case oi
United States vs. Levy be paid by the
government as Levy was poor and unable
to pay them. This was granted by the
Court
District. Attorney Patterson brought NJ
the case this morning asking that it bt
ENTERED on the record that he was no
present in court and knew nothing Of tht
petition but was unavoidably absent in the
grand jury room, attending to his dutie,
before that body. He said he asked this
for his own protection, because these
I H.. I.,s ID
ton, and by the statutes he was required
to be in attendance at the regular setting
of the court. He merely wanted it showI
that while he was not in court he wa
attending to his duties.
Judge Bradford said the Court hst
granted the petition and there could b'
no reflection on the district attorney. H.
did not think it necessary to make thu
entry requested.
Robert II. Hill, bankrupt, filed
petition by his attorney. E G. Bradford
Jr., ESQ. to the effect that in making ou
the schedule of hia creditors the name o
one of them, James Il. Short bsd heel
omitted by mistake. He asked the cour
that Saort's name be allowed to be in
serted, in order that he could come il
3 equally with the other creditors, and tha
the Marshal be instructed to inform Shor
of this MIR Bradford cited authorities Il
show that this insertion could be properl.
made. He asked the court to treat this u
an es pdrte petition on the part of MIR
Hill, and eontended that the other credi
tors had no right to be heard in opposition
I to this application of leave to amend tn
schedule. The statute provides that th
:, bankrupt has a right to amend tn
F.; schedule from time to time as the fact
: require, so that injustice may not be don
to any creditors.
Upton II. White, Esq, of the Philade
phia bar, and I. @. Grub, E'q., oppose
the petition.
The Court thought the petition shoul
be granted and so ordered. At ~ 30 III
9 court adjourned until IL o'clock ne1
9 Friday.
s'r,ve Been 10 the OT-gau-i-za-,son
: Editor Euefy Epening., Mr.. j. F. D.,
n prominent Baltimore hundred politician
/ boarded the down train on Tuesday, iool
d ing little the worse for having bee
d from home the night before, aud havin
: attended that famous meeting of the thir