Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1883-09-27
A jury WAS drawn in the


Benjamin Nields, Esg appointed com
missioner and on motion OF IynSiius G
aruhb, Rsq AeYauder Il cDnprr ~ai
appointed In The cfs- az VI W. Jo9et
AT G'cl9ei; the CAN'T pti1ut.'d an
p. m.
Upon the opening of court at 3 O'clock
filed his exceptions iu the case Of Sarah
J. Tsbb Vi. the Stste Mrs.. Tabb was
arrsrttd for RPHRultiuf william Frisby on
thu Attn II AusuHt last, and tyioa ,sfore
Squire Cula, who imposed fac Oi A.
aud oosta, and held her undor u peac4
bond Of t2Ga Her counsel, w Bacon
Esq, secured writ OF csrtiorari and
Ssrsh wa discharged The oertior ari
reqn,r.s tbs justice u oertify to His pro
Geedirgs in case, and bring his record
into court.
To the cxrsptio0s fled III the game
the Chief Justioe said: "Ws are 81 the
cpl ion that the jalgmer' helow rhouid
hi reversed by act Of the Legislature
QSS3), vol XVII, page 4ld, Ghsps-r 2V7
u noH jurisiiO;ion Is cfssted, viz: The
municipal court, and TO IL is given solo
jurisdiction in o1ses OF assault and bat
terry, gaming, &C., and from which thsre
Ii no appeal. BY reference to secsion Is
article 6, OF tho amended Constitution of
the State, the Legislature 10 given power
TO create such court for the trial OF said
matters, and Ne are OF the opinion that
the justices have no further jurisdictio =,
in cases Of assault and battery, gaming,
90, committed In this city" The said
justices can commit Psrsons for such Of
fenoos to trial At Municipal Court.
This ons Of State VI. Alexander Wor-
senbury and Charles Lamborn, Indicted
for ashanti, eas taken up.
J. Alfred Collins testified shat or the
night Of the 23d Of June he left livery
EVENING office =, 80 for home, arriving
thers At 8 80; ho had occasion to pass
Front and Scott wheye he WAS assaulted
by four or ave negroes that Lamoo
struck him with e club and Wortenbury
snd others threw stones at him; sesirg
them too many Tor him he ron when lhey
followed crying "hill the a. OF b"
"kill HIM" TIRES shots were fred at
him by the ncgroas before he arrived
safely st his home.
Witness WIS then subjected to o severe
oross-examination.
John Smith, sworn--Live at Front and
Scott streets know Alfred Collins was
at the scene Of the assault, saw Collins in
a crowd /; saw him running in Its midst /;
there were four or five meu they were
colored Collins run in his back gate
heard the negroes say "kill him." "kill
him !" hoard two or three shots 1t was
near 10 O'Clock At night; Collins ran in
his back door.
William Morgan testified that he met
Collins that night who said he was hit;
saw Lamborn.
Several Witnesses for the defense were
examined to some Of whom the proseou-
tor had expressed himself "a being I'M
able to positively identify his assistants
and the csse Was submitted TO the Jury
without argument. Without leaving the
court room the Jury returned verdict
of not guilty. ...-
Stoopu vs.. Stops, divorce case, was
continued for the commissioner on
application, r. g. Bradford, Jr., Esq.
In England vs.. Enalsnd,s divorce aui.,
Ii. G. Turner, Esq, was appointed oom-
missioner upon the motion of Harry
Sharpley, Esq.
An inquisitlon was held In the case of
J. X. Psttinson VS.. John L. Scott.
Harrington for plaintiff. Judgment
recovered for 1929. so; also in the case of
John Hammond Va. Peter B. Heusted.
Judgment recovered for s1Sl.O2. Walker
for the plsint!d.
W. c. Sprusnce, ESQ, counsel for tie
wife In divorce suit Of Pallam vs, pauam
presented o petition for slimony.
Witnesses 70. shs State in the casos Of
Mary Carroll and Robert Sldaey were dis
charged from any further attendance at
this term Of Court. =.
Court adjourned until 8 o'clock Monday
morning.
Chief Justice Comegys and Judses
Houston and Wales took their place. en-
the bench MondAy morning. shortly after 8
O'Clock, at which hour Superior Court
convened. A few important matters
were brought boiors the court and dia-
poBsd OF. Tho Chief Justice thsn read an
opinion oopourred in by Judse Wootten
in the case Of Reyboid 70. Parker ct
al. involving the statute of I'M
one Of whom having LETT
tho State become non-ysaideut, while
the other continues TO rssids in iae State
The Chief Iustios rulod that the party ro-
mRining In the State could be sued and
Judgment cntSred against them, and that
within one year after the other returned
TO the Stats he could also be susd and
Judgment entered Without regard to the
statute Of Limitation. Continuing the
Justics stated 1--WE think the replication
does not afford sufficient answer 10 the
petition"
Judac Houston col cided In the opinion
of tho Chief Justice holding that II was
firmly established aud sound Law that
whore two or more persons join In con.
trsct you could not possibly sue one with
out sueing tho other. In an scticn al
the parties should DO sued and II one
could not no found, proceed to obtain
Judgment against the othora, the nbsent
party remaining liable to action on his
return. The Judge stat d In the oourae
of his opinion that thero wsn no neces
sity for outlswry In this Stats,
By agreement among counsel repre-
senting the Water Commission and the
Water Department Of the city and the
Chief Engineer, the application for = writ
November term. The rulo granting the
WETt@hhO NLb heut eUsUlUlc, huu
leave granted 20 file information.
The counsel on both aides HAYS entered
into m agreement TO have the case
argued before Superior Court in November
and taken to the Court OF Errors and
AppenlC in January. By this method Of
procedure final decision Will be arrived
at earlier than would be practicable by
any other wey.
Court ut O'Clock took reoeoe OF an
hour.
In the orphnns' Court this morning,
Judge Wnloa sitting, the sale of two
fitths' ucdividod interest In the property
No 707 Shipley, sold by J. II. Hoffeoker,
Jr., Bsq., and purchased by A. l.. Alma.
COW, Was confirmed and the trustee
directed TO deliver the desds.
Tho sale OF ono sixth undivided In
terest In tho property OF Theodore farm
sifops, administrator o, Charles Allen,
decsssed, to JESTER & Mcdaniel, Was con-
frmed and the deed executed and deliv-
cred.
On motion of Harry Shsrpley, Esq.,
tho trustse sale OF the John Maloney, de-
csaaod, estate, was confirmed.
Ga motion Lilburne Chandler, Esq the
guardian sale OF the estste Of John w
Wilson, deceased, was confirmed.
In tae course OF the morning session
tae Chisf Justice handed 10 tho repre-
sou;a,ives Of the press the following
statement for ineertion "By inndvcrt-
enoe the opinion of tho Court in the csse
with respect 10 iusiicea' Jurisdictions ex
pressed tho iios that tho general juris-
diction Of luatises Of the peace IN caesk OF
assault 81 d batter. generally was taken
away Thln hiss h-av corrected, and the