Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1883-12-06
TuEsUPERIOR COURT.
Reasons for a New Trial OF Young
list FIIed-Arrest of Judgment

Reasons for n New Trial OF Young
Fist FIIed-Arrest of Judgment
asked for the Father.
Monday mornings session of the superior
;ourt did not open until 40 O'Clock, and
Immediately after the names OF the jurors
we're called, the Jury was charged by Chief
Justice Comegys in the trespass case of
Olsrk vs.. Banks and Moody. which was on
trial previous to the adjournment Wedues-
day week. The jury retired at 1l.25 o'clock.
Lew O. Bird, ESQ.,, called the attention of
the court to two affidavits by Joseph Handy,
on which foreign attachments were issued
againkt James Einnegan, sub-contractor on
tRe new Baltimore 4 Philadelphia railroad.
Both Of these atfidavits state that Finnegan
Ia not q resident Of this State, and Mr.. Bird
said that he had witnesses present to show
that he Is resident of Brandywine hundred.
Benjamin Nields, Esq, for the plaintiff, said
that his witnesses were not present, and the
court postponed the matter for the present.
Austin Harrington, ESD, one Of the attor-
neys for the Listp, filed his reasons for new
trial in the case Of Lewis Il. List and for an
arrest OF Judgment in the case of the elder
List. The reasons for which new trial is
asked we're not read and is held under con-
sideration by the court The new trial is
asked for purely upon legal grounds.
A Jury WAS then drawn and an inquisitiop
held in the case Of q. & G. Cooper W.. Clark
L. Collins This was an issue to prove u
signature on a note, and Austin Harrington,
ESQ. appeared for the plaintiff and John O.
Patterson, Esq. for the defendant.
John ii. Hanson WAS sworn, and identified
the signature, when the case was submitted
and the jury Immediately rendered verdict
for the plaintiff for the full amount Of
S220S3, with interest to date.
A jury WAS drawn in the case OF Russell Coe
vs.. Thomas English, and at IL. 10 O'Clock dis
charged until 3 O'Clock in the afternoon.
The superior court reconvened M0n-
day afternoon after the noon recess, with
the chief justice and justices Wootten
and Houston present.
Justice Wootten presided, as the case
before the court happened in Kent
county, and according to law the chief
justice being from that county was de-
barred from sitting In the trial.
The names Of the jurors were called !,
aud ]. Alexander Fulton, Esq, opened
the case of Russell Coo va. Thomas
English, by stating to the jury that this
ia a suit for damages for trespass COM
mitted by the defendant and others, Sep
TENDER 10th, 1879. On that day the de-
tendant, who was constable, went on
the premises of Russell Coe, the plaintiff,
and seized a lot Of cattle consisting of an
Alderney bull, several heiiers, a lot OF
shoats and some farm implements, as the
property of one John r. Wilson, and sold
them at public sale.
The plaintiff claims that the property
taken belonged to him personally, and
WAS worth at that time $l96. The case
was frat heard before a justice of the
peace in Kent county, and afterwards
taken to court, and in 1881 transferred
to the superior court of this county, but
was not taken up Tor trial until about one
year ago, when it occupied the attention
of the court for nearly week, and the
jury disagreed.
George W. Thomas testified that he
WAS tenant on the farm In 1879 he
rented from Mr.. Wilson as Russell Goes
agent. He gave Mr.. Wilson one half the
eggs, butter and poultry, retaining the
other half himself. He remembered the
20th Of September. 1879, and recollected
when the defendant with several others
cane on the farm and drove away the
cattle, which they sold. The witness
had given the defendant a written notice,
stating that the property belonged to Rus
sell Coe, and not John R. Wilson, but he
gave no attention to it. "a notice was
shown by Mr.. Fulton, and identified by
the witness as the same as the ops he
ssrved) John R. Wilson was not the owner
OF the property, but only acted as agent
for Mr.. Coe.
Mr.. Harrington subjected the witness
to searching CROSS examination, during
which he said that when the personal
property was sold at public sale, Mrs.
Wilson bought them in, but as she had
not the ready cash to pay for them, asked
the constable to give her 10 or Is days
time In which to raise it. He refused,
and again sold the goods to other parties.
Mrs. John R. Wilson was sworn and
testified that she was at the sale, but did
not buy anything except heifer; she
saw English when he came on the farm
aud drove the cattle away the cattle
did not belong to her husband, but were
the property OF Russell Coz.
The witness WAS cross-examined by
Mr.. Harrington without changing her
direct testimony. a witness WAS called
to prove the value of the property taken,
and when he left the stand Msssrs. Fulton
and Gray withdrew tor q few minutes,
aud upon returning stated that they
would rest their case with this witnssa.
This was something unexpected by the
defense, and Mr.. Harrington stated To
the court that, as he was aware the at
tornevs ON the other side had a number
OF witnesses which he had expected they
would call, he had not made anv prepa
rations to proceed at once, and would
like until Tuesday morning to look up some
authorities.
Mr.. Gray objected, and Mr.. Harrington
oatl h., far ".
said that they, as sttorneys for the de
fendant, had filed special plea, to which
the defendants failed to make any repli
cation. After short argument by eoun
sci, the motion WAS overruled, anC
Mr.. Harrington commenced his opening
argument. After stating that the defens'
would be be, that at the time the prop
erty was seized it was the property o
John R. Wilson, and what he expected
TO prove, he commenced the examination
Of witnesses.
Francis Boyer, oolored, sworn and ties
titled that he had been employed on the
farm for several months; when he quit
there was some money due him 70
wages, and he asked Russell COe about it
he told him that he should look to Mr.
Wilson for it, and when the witness sale
he had been told that Mr.. Wilson wa
not worth anything, Mr.. Coe replied "ol
yes he is, he owns all the stock on tn
fRrm.'
He WAS CROSS ex amined by Mr.. Fultoi
and said he had this conversation. will
Mr.. Coe in Ksnton, Oh Saturday; but h
could not recollect what month or year
was. Mr.. Wilson owed the witness sn'
his wife $37 there was another maj
named Jim Green present when the con
versation took place, and he also hear
what Mr.. Coe had said he asked Mr
Coe for the money because he had bee!
told by some one, that when Mr.. WilsC!
would not pay Mr.. Coe would.
Mr.. Fulton then requested Mr. Coe VII
was seated along side of him to stand up
and asked the witness IL that was tn
man he had the conversation with. IL
looked at Mr.. Coe for some time, an
finally said that he could not remember
but did not think he was the man.
James Green was the next witness, an
he corroborated all the previous witnes
had said about the conversation with Nj
Coe In Kenton, and, upon the latter
standing up, positively identified him q
the man he had heard talking to Boyer
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