Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1883-12-11
FIFTH EOI{|0 \
SUPERIOR COURT.
the Mech0nlcs' Lien Case 1Rl ves
70 the J0Py.

Court re.opencd 1t 10 O'Clock TIN
morning, and Mr.. Hoffeckcr COMMENCE
his closing argument to the jury for To,
plaintiffs In the case of Duncan Broth.
ers w. James II. Aaron. He cont NUN
until TO- AZ o'clock, when ths Jury wen
charged by the Chief Justice, who sal
this case was q proceeding under
special statute.
He explained the provisiOns Of TN
mechanics lien law. and said he COZ
sidered III very judictous enactment
To give verdict In favor Of the plain
tiifs the jury must bs satisfied by tn
evidence that these goods were supplia
on the faith and credit Of this property
and In pursuance Of an arrangemen,
between the parties TO that effect. Tn
charge was concluded At l1.20 o'cloct
whom the Jury retired. Immediately
after the jury went out, the Chief Jut
tice read the opinion Of tho Court In ii,
case OF Mary Kirkpatrick VA. Martin
Kirkpatrick executor.
This suit Is brought by Mary Kirt
patrick TO recover on An instrument Of
writing given by Martha kirkpatrick
promising to pay Mary the sum
81 900 six months after her death.
Benjamin Nields. Esq, counsel ia
the plaintiff, conterded that this was
promissory note, and ~ such stood ~ |,
debt against the estate, and should b,
paid before any requests mentioned /,
the will.
John q. Patterson, Esq, and William
G. Whiteley, Esq, claimed that unles
the plaintiff could show that some con
siderstion had bsen given for this in.
strument Of writing, 1t must be con
sidered ~ . Parliamentary Document.
and - such be proved before the Regi.
ter OF Wills. Tho question was ably
argued lsst week. and tho Chief Justic,
decided that It WAS not testAmentary
but valid legal document, drawn In
manner to secure its payment by The
executor of the maker
John q. Patterson, Esq, made soms
inquiries Of the Court 10 reference 10
the effect the decision would have in
restraining then, In Offering evidence "
the jury, to show that this document
WAS parliamentary.
!. &. Grub, Esq, asked when tho
Court would hear his argument on hid
motion 10 squash tho Indictment On
the case Of =" Slim Jim," whosis nov
IN prison, having been arrested unds,
the professional thief act passed by th,
last Legislature. Tomorrow sftsrnoos
was set a. the time for tina argu,
ment.
Austin Harrington, Esq, made ap
plicatiOB Tor . time when the COun
would hear his argument on the motion
for new trial In the CASE OF Lewis y
List, and for An arrest Of judgment d
the case OF Lewis List.
The Chief Justice said the COuh
would be ready 10 hear him Tomorrow
The case Of John McCreary 70. Enocl
Moore, Jr., was then taken up aud
jury drawn. Levi G. Bird, Esq, ap
peared for the plaintiff and Lore aud
Emmous for the defendant.
Just as Mr.. Bird commenced VI
speak, the jury In tho case ri Duncas
vs.. James H. Aaron, who had
been out about one hour, came in with
= verdict In favor Of Duncan BrOthen
for $l4323.
Mr.. Bird then continued, and said
; his was suit To recover for twenty
thoussni feet Of ship lunb- Furnished
the defendant
John McCreary was sworn, and ,eS.i
fed that he Is engaged in the lumh
and canal boat building business
Dauphin County, Pa. I'D
furnished the lumber according to Nh
Moore's order, and he had refused
settle for II.
Before the witness hal CONCLUDED
Court adjourned until o'clock this al
tprnpn,