The daily gazette., 1882-12-14
BENCH, BAR AND JURY.
DoiNes OF NOTE IN THE
COUNTY COURTS.
IYNoH's CONTEST NOT YET UP.
"A Verdict for the Plaintiff In the McCaul-
iey-Rice case-The Powell Case-Pro-
ceedibgs To-day.

iey-Rice Case-The Powell Case-Pro-
ceediDgs To-day.
At the opening of court yesterday John
| V. Rice, ESQ.,, stated that II, in the morning,
he had said aught to reflect upon the chsr-
acter Of any member Of the bar he would
retract It.
Samuel Culbert was then called by the
defendant in the McCauliey- Rice suit, and
questioned as to the percentage usually
charged by real estate agents, which he said
was per cent. Mr.. Rice said In substance
that his idea in calling the witness was to
show that McCaulley's charge of 10 per
cent. was large or cxorbltant.
William Bright. former real estate
agent, stated that his charges in 1875 for
collecting rents varied from TO 10 per
| cent, according to circumstances.
George Bright, another real estate agent, :,
testified that his usual rates for collecting
rents were and 8 per cent.
Evans Pennington stated that his charges
for collecting rent were per cent. and 80
far as ne knew it was the usual rate.
| Mr.. Rice then rested his case.
William J. Fisher was sworn forthe plain
tiff. He said that he was clerk in the en-
ploy of 3. w. McCaulley. He made out the
| accounts of the rents collected from the
| Rice property. Mr.. Rice never objected to
the rates charged, at that time. The rates
of 8. W. McCaulley and first-class real estate
| agents were ten per cent. He considered
the houses of. 8. w. McCaulley and William
McCaulley frst-class. Those who had been
in the business but short time could not
be so considered or rated.
The plaintiff then rested.
Mr.. Rice addressed the jury. He told
how, when he found himself unable to pay
| the note he owed MoCaulley, he turned over
his foundry property to the plaintiff, who
was to receive the sums derived from Its
| rental. He said the more he thought the
| note was being paid the more it wasn't
being paid. He had given McCaulley
| money thinking he was acting as honorably
| toward the speaker as the speaker was TO
him.
Mr.. Rice narrated the story OF Shylock
and Antonio, putting himself in the latter's
place, and asked il McCaulley had not
| only got the ducats and the pound of flesh,
but the blood of Q Christian as well, and
said that the plaintiffs hands were no doubt
dripping now with blood. The speaker was
| a sworn officer of the law, he said, and he
| would not add to or retract anything for
the benefit Of his client or filthy lucre. The
question was one Of veracity, truth and
| sympathy. He asked the jury In the name
OF all that was good to give verdict for the
defendant.
The address was an unusual one, and the
speaker was frequently called to order by
Mr.. Higgins when encroaching upon mat
| ters not In evidence.
He was followed by Mr.. Higgins, who was
unable to sec but one side 10 the question.
The fact that the loan of tho money was not
denied was conclusive evidence that there
was no question to the plaintiffs claim. He
was sorry that the defendant had arrived at
| such q condition of mind as to publicly de-
| nounce the plaintiff as a shylock and to de-
clare that the counsel he had employed had
deserted him In court contrary to his oath
as lawyer.
The whole case was exhaustively re-
viewed, the argument being that the de-
iendant had no case, but was In honor bound
to pay the amount claimed, $206.67.
At 4.50 Justice Houston charged the
jury, speaking for 10 minutes, when they
retired. AT $50 they returned with verdict
for the plaintiff for $l6S.72.
A jury was then drawn to hear the case of
Arthur Powell VS.. Henry G. Conrad, ad-
ministrator of the estate of George w.
Powell, deceased, for the non-performance
of certain promises The jury was then
dismissed until this morning at 10 o'clock
and the rest of the panel discharged from
further attendance at the present term of
court.
By request Of John Biggs, Esq, and after
witnesses had been heard on the subject,
the court set aside the sale, by the sheriff,
of the real estate Of William H. Webb and
| wife, of Summit Bridge, on the ground that
the sum obtained for it was inadequate.
THIS MORNINGS SESSION.
At the opening of court this morning a
many sided discussion took place between
| the court and the counsel representing
Messrs. Lynch and Martin, contestants for
the office of Sheriff. The question was con-
| cerning the time for filing of affidavits by
Martins counsel in reply to the petition and
| affidavits of Lynch. After talking for over
half an hour the matter was dropped, the
court declining to hear anything further
until the case before the jury was disposed
of. Judge Wootten thinks 1t would take
all day, as tive can't do anything in this
court under day and halt"
The inQuisition in the matter of Arthur
Powell vs. Henry c. Conrad, administrator
| of the estate of George W. Powell, de-
ceased, was taken up. L. C. Vandegrift,
Esq, stated that the question for the jury
to decide was the amount due the plaintiff
| from the estate of George w. Powell, his
| brother. The facts are as follows In
| 1872 George W. Powell was in business as a
fish merchant in Wilmington. His brother
| Arthur was an iron worker, living in
different towns in Pennsylvania. Georges
| Duslnthh ihcTcdsiuSy nc Mahtou hCiP ahu noI
knowing any one reliable to help him sent
for Arthur, who, after several solicita-
tions, came to this city. He worked
| for his brother steadily until 1879,
when George suddenly died of hydro
phobia. Arthur's claim now was that mas
much as he never received cent during the
seven years he was with George, his wages
for that entire period were due him from the
estate. The total sum was over $4,000,
which included interest from October, 1879,
until December 12, 1882.
Witnesses were examined as TO the
amount OF wages generally paid by fish
mongers to their help, and 1t was testified
to, that the wages usually given were from
SO to $50 per week, according to the seasons.
1t was shown that witness had been faith
full help to his brother during the seven
years of his term.
| CONTINUED in second edition.
| naath AF Hnurad HTaax