Daily Republican., 1883-09-18
COUNTY COURT.
THE WATER CONFUSION BALI
IN MOTION-TWO WRITS
APPLIED FOR.

Court convened at 3 o'clock Monds,
associate Judge Wootten on the bench
The names of the Grand Jurors wer,
called, after which they were sworn b,
Clerk Cochran and retired to their roou
to take action on such business a. shout,
be brought before them. The names q
the petit and special jurors were ais
called, and with one or two exceptions
all answered.
+. G. Bradford, ESQ, read the affida-
Wit of John Maloney, made before Squir'
Vandegrift, stating that Charles Greer
had attached considerable sum O
money due him for wages for debt o
S62l, which he claimed defendant oweG
him. The affidavit also stated tha
Green claimed the defendants attorney
had confessed judgment on the debt
which he, the defendant, denied and
stated that he could not write or reAG
writing, and that to the best Of hi
knowledge he had never affixed hit
mark authorizing his attorney to con.
fess Judgment, and that he believed il
had been done by fraud; he therefore
asked for q rule on Charles Green, for
him to show cause why the attachment
should not be dissolved.
The rule was granted and made
returnable on next Thursday.
Henry G. Conrad, Esq, read the Pc
tition of the Perpetual Loan Association
Of which he is President, stating that
at Sheriff's sale of the property of
Henry Lape and his wife, he, on be.
half of the Loan Association, became
the purchaser that the said Henry
Lape and his wife reside on the
premises an d refuse to give him posses
sion he therefore asked that rule
should be granted on Henry Lape and
his wife, to appear before the Court
and show cause why writ of eject
ment should not be granted. The Pc
tition was granted and made return
able on next Friday.
A n0lle prosequi was entered by the
States Attorney in the case of the State
VS.. Samuel Long, indicted for larceny.
The facts Of the case as stated to the
court are as follows: Some four months
ago Long, while drunk, entered the
house Of Joseph Stoeckle and took sew
eral articles Of jewelry, all of which
were recovered. Since that time he has
been in Jail, being unable to furnish the
required bail.
A nolle prosequi was also entered in
the case of John McGinnis and James
Grimsell, charged with an assault and
battery on Maria Mount. This is the
case where the defendants entered the
honse of Mrs. Mount and removed
sewing machine, on which the INSTALL
ments were not paid.
The Water Commission business was
started by l. G. Grubb, Esq, who pre-
sented the petition of the Water Com
missioners, setting forth that they were
appointed under an act passed by the
last General Assembly, for the purpose
of aking possession of and controlling
the Water Department of the city of
Wilmington that in accordance with
the act creating the Commission, they
met and organized by electing one of
their number, to wit Lewis PaynteI, 40
President that on the 14th day Of May
they elected Henry B, Mc1ntire Chief
Engineer of the Water Department, and
removed David FL Coyle. who, up to
tne time, had been acting as Chief En-
gineer that deman was mads on ::!n.a
18th day of May, 1888, on David H.
COyle to surrender the property of the
Water Department TO the Water Com
mission. which the said David H. Coyle
refused to do ; that on the 1lth day of
another demand was made
on David H. Coyle to surrender pos
session of the said department, which
he again refused to do.
The petitioners therefore prayed that
a rule should be granted on David H.
Coyle, commanding him to show cause,
if any he has, why a peremptory man
aamus should not be granted, ordering
him to surrender the property, books
and papers of the Water Department to
the said Water Commission. The Chief
Justice inquired if David H. Coyle was
by counsel, and Mr.. Gray,
who also appeare'. for the Commission,
stated that it fas understood that he
was reprtseHted Ivy Mr.. Nejlds.
Mr.. Neilds was not present, and did
not come in until after the proceedings
were over The application waa grant
ed, and the rule made returnahle on
next Thursday.
George NJ. Bates, Esq. then read the
petition Of Henry B. McIutire, stating
that on the llth day Of May, 1888. he
was es,; ted Chief Engineer of the Wa
ter Department, by the Water Commits
sion, and that David H. Coyle, who
had been elected Chief Engineer hv the
City Council before the passage of the
&c creating the Water Commission, re-
fused to surrender to him possession of
The office or the property of the Water
The petition was worded almost the
same as the one presented by Mr..
Irubb for the Water Commission, and
by pray ing that rule should
DC granted on David II. Coyle, com
handing him to show cause, if any he
las, why writ of quo warrant to should
rot be issued for him to show by what
authority he refuses to surrender the
'ffice of Chief Engineer of the Water
Department to Henry r. Mclntire, the
petitioner. Both petitions were accom-
panied by the necessary atfidavits, and
he Court granted the rule, making it
on Thursday next.
States Attorney Gray called the at
ention Of the Court to the fact that he
lad the principal witness for the prose-
ution in the case of the Italian strikers
Nv toih hiiVbCi aH dSs Ndbc't dSNtulb
md battery, and asked that he be re-
Iuired to furnish 500 bail for his ap-
,earance as witness, or in default be
committed to the custody of the Sheriff,
md his request was granted.
There was a lull in the proceedings
er nearly an hour, when the grand Jury
anne in at $40 O'Clock and reported on
evera bills, after which they were dis
harged until 10 o'clock this morning
Henry Trusty, Joseph X. Caulk and
ieorge Bayard, all colored, were ar
aligned and pleaded not guilty to an in
ictment charging them with the lar
eny ola lot of carpenter tools, the
roperty of George Hutchinson, OF Red
ion Hundred. They all pleaded not
uilty, and as they said they were ready
)r trial, a Jury was drawn aud the case
las about to be proceeded with when
be Chief Justice, at $50 o'clock, dis
val oil hn n