Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1883-12-14
DRAWING TO A CLOSE.
AN BARLY ADJOURNMENT OF
COUKT PROBABLE-THE SUIT
TO RECOVER FOR REAPER.

The afternoon session of Superi
Court re-opened at O'Clock Thursda
and r. Ii. Hotfecker, Esq, ma
application to have Judgment e
tered Oh the foreign attachment case
Henry +. Harris vs.. William j. Thom
son.
j. II. Hoffecker, Jr., Esq, ask
that y njamin Nields, Esq, file
reasons for an arrest of judgment in Il
mechanics lien case of Duncan Brothe
VIZ. James II. Aaron, and Mr.. Nielt
replied that as the motion was only Fl
an arrest Of Judgment, no reasons we
necessary.
Mr.. Hotfecker also asked toat judi
ment be entered for the plaintiff in tt
case Of John f. Betz VS.. John O'Byrn
in an action for debt.
The case Of f. H. McWhorter VS.. T.
Seal was then resumed, and Eli Ses
recalled and asked several e-diret
questions by Mr.. Nields
Nicholas White was sworn, and test
fed that he is employed by Eli Seal o
his farm he remembered when tn
machine was bought; it was what !
known as a Champion reaper remem
bered that there was trial of reapers
and the witness drove the Champion.
| On cross-examination the witnes
said he remem bered telling Mr.. Nc
Whorter that he had given the machin
a severe test, but c1uld not say that b.
had told him that it worked splendidly
William Seal sworn and testified tina
he was present at the trial of reapinl
machines the object was to see which
would do the b"st work and run tn,
| ightes.. The Champion machine il
now at his bret hers, and was not useC
this year.
Nicholas White recall sdand said tn,
Champion machine that came from
MCWhorter is now in Mr.. Seals
wagon house, and was not used thi.
year.
Charles Henning sworn, and testified
that he resides in Chester County, Penn.
sylvania, and is farmer was on Mr..
Seals farm the day the machines were
tried the witness was binding wheat
he saw Mr.. Whorter when he came IN
the field, and heard Mr.. Seal tel him
that unless the machines done better
than they had been doing he would not
have them, as he had machine up
in the barn that would beat both Of
them. The other was IA johnson ma.
chine
Howard Seal was sworn, and testified
that he was present at the trial of reap.
ing machin $, and drove the Champion a;
the trial was between the Champion
I,h fo.
rounds had been made Mr.. McWhorter
came Oh the place and remained until
noon. The johnson ran the lightest and
done the best work, but the champion
ran heavy.
The defendant closed with this wit
ness, and Mr.. Lore recalled Charles
McWhorter for the plaintiff. He said
he was present the day of the trial and
saw White on the machine driving
he remained on it until after the trial
was over, and then took it home.
Almost every question that Mr.. Lore
asked this witness was objected to by
Mr.. Nields, and finally Judge Wootten
said "You'r getting things muddled
up so the jury won't know anything
about it..
The witness then continued, and said
that when the trial took place the
johnson machine cut very narrow, and
threw the wheat down, tangling it very
much. The Champion machine was
doing its work in splendid manner,
and there was no objections to it. Mr..
Seal afterwards called at the store of
he witness In this city and said that he |
lad no objection 10 the machine, but he
lad an old one that he could fix up i
Viii h would answer his purpose.
Sewall ID. Scott sworn, and testified |
hat he was in Mr.. McWhorter's store |
N cne occasion when Mr. Seal came in,
md heard him say that he should not
AVE bought the machine. The witness
vas present when the trial of the
machines took place, and saw White
n IT. Seal was not on it at any time.
John d. McKeeverswo and testified
hat he lives in Pennsy lvania; was pres.
NJ when the trial took place between
he machines; the Champion was doing
Ood work, a. d the witness considered
good machine.
A mother witness was about to be
worn when q juror called MIR. Lore's
ttention to the fact that it wanted but
few minutes of o'clock, and that
ley desired to take the train for home.
Ie stated the matter to the Court. and
n adjournment was had until o'clock
lis morning.
The jury in the case of Duncan
rothers vs.James II. AaroB, who retr-
| at 10, 35 O'Clock came in shortly after
O'Clock, and rendered verdict in
Ivor Of Duncan Brothers for SlGl.50,
nd the costs of the case.
The Court, after ascertaining that
lere were no more cases to be tried by
Try, discharged all jurors from further
except those engaged in the
lse on trial. This shows that the ses-
on is near the end, and will probably
ose to day or tomorrow.