Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1883-12-13

not seen the lumber in question, but
knew that tho greater part of the lumber
from the Susquehanna region is more OIL
less defective.
Mr.. Bird then made q ten minutes
speech to the jury, after which court ad
journed until O'CLOCK Wednesday morn
day.
Court opened an hour earlier than usual
yesterday, and there is an evident inten-
ton Oh the part o; the judges to expedite the
business and get through az soon as possible.
immediately after the opening E. G.
Bradford, Jr, Esq, moved that judgment be
opened i'll the case of Charles Green vs. John
Maloney in which 1t is alleged that judgment
was confessed by John Maloney in the sum
OF 1922, to secure debt of 1921, which
Green alleges is due him for groceries and
other goods.
Mr.. Bradford presented and read the affi-
davit of John Maloney, setting forth that
Charles Green is a storekeeper at Rockland,
and that he had purchased groceries and
other goods from him, but that he had never
been indebted to him in a greater sum than
$50 at anytime; that he never signed this bond
confessing judgement that he is not now,
and as not at the time il is alleged that the
bo1d was signed, the owner of any real
estate, and he believes that the bond WAS
drawn and executed for the express purpose
of giving the said Charles Green power to
attach his and his minor children's wages.
The plaintiff Charles Green was repre-
sented by Anthony Higgins, ESQ, who op-
posed the motion and said he would produce
witnesses to show that John Maloney signed
the bond, and that it was read to him before
he affixed his mark.
Edward G. Conner testified that he WAS in
Green's store the night when it is alleged
Alaloney signed the bond, and that he affixed
his name az a subscribing witness. although
he did not see Maloney make his mark to it.
Maloney was in the store, but the witness did
not know that the paper was read to him he
did not know what it was himself until after
he had signed it.
Jacob Underwood testified that he was in
Charles Green's store one evening during the
summer Of 1881, and heard this judgment
read; he thought it strange that Maloney,
who is only working man, should owe
Green twelve hundred dollars, and upon
his asking about it, Mr.. Green explained
that the judgment was for twice the amount
of the debt. The bond was read in Maloney's
presence, and the witness was positive that
he heard it. He afterwards saw Maloney
standing at a desk where the bond was laid,
with pen in his hand but did not see him
sign it or make his mark.
John Wier testified that he resides at Rock
land, and was in Green's store when the bond
was read He did not see Maloney sign it
but he did see Green, Maloney and Conner
together with the paper, but did not know
what they were doing.
Charles Green testified that he is the pro-
prietor of store at Rockland Maloney had
bought goods of him for some time, and
owed him large bill. He came to him for
more goods, and he refused to let him have
them unless he had some security
for his money. The witness after
wards consulted an attorney, and he told him
to draw up bond dated before the repeal of
the attachment law, and get Maloney to sign
it; he could then attach his wages, and also
that of his minor children. The witness
drew up the bond, and not only read but
explained it to Maloney, who said he was
satisfied, and as he could not write, made
his mark, and Conner signed it as a witness.
Mr.. Higgins said he had other witnesses
but the court decided that the Judgment
should be reversed and the case tried by jury
he case of John McCreary vs.. Enoch
Moore, Jr., was then taken up, and Mr.
Emmons made the opening argument for the
defendant to the jury. He was followed by
Mr. Bird, who closed the case, and the jury,
after being charged by the chief Justice, re.
tired at LAB O'Clock.
A jury was then drawn and another
mechanics lien case of Duncan Bros. vs.
ames IL. Aaron was taken up for trial. j.
Il. lr., and 4. Hoffecker, Esqs., appeared
Cor the plaintiff, and Benjamin Nields Esq
for the defendant.
This action is brought to recover on a
mechanics lien for bill of hardware sold
James II Aaron, it is alleged, for property
that he was constructing at Thirteenth and
West streets.
Both members of the firm of Duncan Bros.
were examined and testified that James H.
Aaron purchased this hardware of them
j. Fl. Hotfecker, Jr., Esq who prosecuted
l...r Il, Il
call any other witnesses, and would rest his
case.
Benjamin Nields, Esq, moved for nom
suit OH the ground that no evidence had been
adduced to show that the hardware was pur-
chased for use on these hou-es. A discussion
ensued between counsel, when the court de-
clded to overrule the motion fol- non suit.
This case is similar to the one tried a few
days since, aud Mr.. Nlelds offered the re-
leases and receipts III evidence. MIR. Hoffecker
recalled Henry Duncan, and he testified that
Mr.. Aaron had credit on their books for the
amounts for which he held receipts ana that
the, had nothing to do with the present suit.
During the morning the court informed
Austin harrington, ESD that argument on
his motion for a new trial in the case of
Lewis II. List. and for an arrest of Judgment
III the case of Lewis List, would be heard
this evening at o'clock
shortly before the adjournment the jury in
the case of John McCreary vs. Enoch Moore,
Jr., returned and rendered a verdict in favor
of the plaintiff for S6Ul.03, with the costs of
the case.
L G. Grubb, Esq asked when the court
would be ready TO hear his argument on the
motion to quash the Indictment i'll the case of
George Hagany alias Slim Jim, and o'clock
this morning was fixed aslthe time.
AT LILO O'Clock court adjourned until 3
O'Clock i'll the afternoon.
THE TE1TPER JNCE IYJI4SCE