Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1883-12-12
FIFTH. EDITIQl


Observation-Disclosures Clesed In
she Lamher Csse
This mornings session of Superb,
Court opened st o'clock with The
Chief Justice and Associates Wuotle,
and Houston on the bench. H. G
bradford, Jr., EsQ., Of thS law firm u
Bradford 4 Vandeyrift, made appi.
cation TO open judgment. and afford a
trial by Jury in the case Ct Charls.
Green vs.. John Maloney, In which
judgment was entered In Tie penal sum
Of e242 for debt of 1921, alleged to b
due Charles Green.
He also read the affidavit of John
Malonsy, stating that he had never
confessed Judgment on the debt and
that he had never owed the said Charls,
Green more than $50 1t any one time
that he II not possessed Of property
and believes that the said Judgment
WAS illegally obtained for the purpose
Of allowing the plaintiff to attach the
wages of himself and his minor chill
dren. Anthony Higgins, Esq, an.
peared for the plaintiff and opposed the
application.
Edward G. C0nnor WAS sworn and
testifiod that he lives ON Brandy wins
Banks. The confession of judgment
was shown TO him and he identified hi,
signature M . subscribing witness, hu,
could not remember seeing Mr.. Mala
ney make his mark TO the paper. He
reinem bered that Maloney was ID
Charles Green's store when he signed
the paper, but he did not remember
that the paper was read to John Malo
ney or that re knew the contents. The
witness did not know what IL was, hn.
signed IT ut Mr.. Green's request, be-
cause he had confidence In him.
Jacob Underwood was sworn, aud
testified that he resides In Bran ywins
Hundred, aud IL employed ~ q farm
laborer. At the time this bond wa,
executed In 1881, he WAS In Green,
store getting SONS groceries, and hearl
Green read the judgement bond. Ma,
lOney was present and could not have
helped hearing IL; afterwards saw
Maloncy At the desk where the bond wa.
with pen In his hand, but did no. SEE
him make his mark he did zee Mr.
Connor sign IL.
John Weir sworn, and testified that
be resides in Rockland, and was presen.
in Green's store when the bond wa,
signed. He seen Green, Maioney and
Conner tOgeth' behind the counter, Tut
did not know what they were doing.
The bond was afterwards read by
Green, and the witness asked him III
Maloney owed twelve hundred dollars,
a. he thought that Was big bill for a
working man. Green replied that hs
only owed six hun red dollars, but the
bond was for double that amount. Tho
witness saw Naloney get groceries after
the bond was read.
Charles Green was sworn ard testified
that John MAloney signed the judg'
lnsnt bond with bis mark, In the pres
ence Of Conner and himself He read
the bond to Maloney, and explained to
him that the bond would allow him
to attach his wages and also that of bis
minor children. and Maloney said hs
was satisfied. He had come to the wit
ness to obtain more credit, but az hs
owed him 20 much he refused
to let him have tho goOds, unless he
wonld sign the bond 80 that be would
have some security for his money.
When this witness closed, the CouI!
decided that the judgment should 10
opened and the case tried by jury.
Mr.. Emmons then commenced his
closing argument to the jury in lbs
case Of John McCreary W. Enoch
Moore, Jr., and said that he thought
the witnesses had cOnclusively shown
that the lumber WAS not what Mr.
McCreary had agreed to furnish.
He spoke about thirty minutes, an!
was followed by Mr.. Bird, who cen
menced his argument by taking NJ
Emnops to task for attacking the ed'
dence Of Mr.. McCreary.
He spoke In his usual forcible man
ner until II. As o'clock. when the jury
wern charged by the Chief Justice and
retired.
The counsel on both sidesbeing ready
he case of Duncan Brothers VS.. Jame
II. Aaron was commenced. The plar-
titfs we're represt nted by J. II. Hcr
fecker, Jr., Esq, who stated that this
was suit on mechanics lien to IT
cover for hardware furnished james II.
Aaron by Duncan Brothers, for use %
some houses constructed by him at
Thirteenth and West strdets.
Henry Duncan was sworn, and ~
titled 10 the amount of hardwar fur
nished, and identified the entries %
the books Of the firm. He was corlobe
rated by Richard Duncan, and when b
closed his testimony said that he would
rest his case, and not call any more wiz
nesses.
Mr.. Nislds said he would ask for ;
non.suit, as the plaintiffs had failed to
show that the hardware was used Oh
the houses named.
After short discussion :he CouT
over.ruled the motion, and Mr.. NielO
then produced releases signed by Dur
can Brothers, and also receipts for s9A
which were, by consent of Mr.. Hotiecb'
or, admitted ~ evidence.
Mr.. Hoffecker said he would CLAIM
the right to call other witnesses, 70
show what these receipts and reles~
were given for.
Henry Duncan was sworn, and test
fed that the receipts offered by NJ
Nislds had nothing To do with this snl',
and that James II. Aaron had credit On
the books of the firm for the amount
and was still their debtor.
At 1890 o'clock the jury in the css
of John McCreary va. EnUch Moore
Jr., came In with verdict OF $6lV@
In favor Of Mr.. McCreary.
The Court decided to bold q session
this evening, and informed Mr.. HN
rington that they would then hear
gument on his motion for new trs
In the List casa
On application Of l. G. Grubb, Esq
the Court SAID they would hear his Or
gunent to quash the Indictment in th
case Of George i. Hagany, Jr., at
o'clock to morrow morning.
Court adjourned ut 1.l5 o'clock UNI
3 this afternoon.
.. In MA0nARf0m.