The daily gazette., 1883-05-16
REPRINTED FROM YESTERDAY
SUPERIOR COURT.
This Mornings Trial Of Cases--Dempsey
VS.. MalOney.

VS.. MalOney.
Court reassemhled this morning at 10
O'Clock, Chief Justice Comegys and Asso-
ciate Justices Houston aud Wootten on the
bench.
The early part of the morning was con-
sumed in motions of the attorney in various
cases of no public interest The witnesses
IN the case of James Anderson VS.. Harlan
Cause were discharged from any further at
tendance at this court. Upon the application
Of j. Frank Bail, Esq, special bail was or
tered TO be entered In the case of Smith VS..
Davis and Kimble, an action on bail bond.
After much discussion as to filing the
proper pleas counsel announced they were
ready for trial In the case of Sarah Dempsey
VS.. Bridget Maloney's administrator. Levi Q.
Bird and Walter s. Hayes, Esqs., for plain
tiff, and William c. Spruance, ESQ, for de-
Jendanl, a jury was drawn and sworn to try
fhe cause. Levi G. Bird, Esq, opened the
ease for plaintiff. The plaintiff was sister
of Bridget Maloney and it is asserted that
about 1874 the deceased desired to borrow
$500 with which to purchase
house. The sister drew the money from the
Wilmington Savings Fund and 1t was put in
the house. This money was never paid.
Bridget died about two years ago, and at
The solicitation of the children of the de-
ceased, the father being absent, Tilghman
johnson, Esq, was selected as administra-
tor of their mothers estate. Mr.. johnson.
ascertained that this sum was due and an
amicable suit was brought and judgment
Obtained. short time after Maloney re-
turned and desired to be administrator of
his his wife. He was accordingly made ad-
ministrator. He then refused to pay the
money. Mr.. Bird claimed that he would
prove that Mrs. Maloney had frequently ad-
mitted the debt, and as frequently regretted
she could not pay 1t. Mr.. Bird then offered
the letters of administration in evidence.
j. w. Vandegrift was called and swore as
to the correctness of the probate. On cross
examination witness s i'd there had been
two probates made on the same bill.
Mary Norton, mother of Mrs. Dempsey
sworn, testified that Mrs. Maloney came in
one Saturday night and said she would
like TO buy house and asked Mrs. Dempsey
for the loan of $500 In reply TO the qucs-
ton what she wished TO do with so much
money, the reply was that she, Mrs.
Maloney desired to purchase house from
Thomas Ford. Mrs. Maloney said ''if you
loan me the money will pay you by de-
grees." Mrs. Norton said she had frequently
heard Bridget admit she had obtained the
q. money, and remembers her on one occasion
thanking her Tor the loan of it. On an
other occasion she had come in and
lamented that she could not pay the money
on account of her husbands bad habits
going to sell her house and pay her sister
what was due her.
The cross-examnatioI developed very
few new facts. Witnesses only remembered
Mrs. Maloney giving Mrs. Dempsey bed
tick and dress. She had resided with Mrs
dempsey ever since she had been in this
country; Mrs. Dempsey's husband has beer
dead Is years.
Jennie Mahart, sworn-Had known Mrs
Maloney for three or four years before she
died. Had a conversation with Mrs
Maloney in course of which she said If sh,
had the debt due her sister paid she would
be a contented woman. Her husband was
not living with her at the time.
On cross-examluatiun witness said she had
known Mrs. MalOney for or 5 years. Al
the time OF the conversation they lived al
Riddles Banks
Mary Maloney the daughter of defendant
sworn-I have heard my mother admi
receiving the money. Two weeks before he
death she said she would like TO see he
sister paid the $500.
The cross-examiuation developed the fac
of the witness coming to Mr.. Spruance'
house in company with her father. Wit
ness said she had at that time told them he
mother had never said much about the b
to her. Witness did not know what she wa
doing at the time and was not aware T.
whom she was talking, and had no distinc
recollection what she said. At the house o
Mr.. Spruance had asked her to tell all sht
knew, but she did not do i
and did not remember what sht
told him. The only thing she recollected
saying was that ''she heard her mother
speak of the $500 but did not know when
where or what she said Witness did not al
any time have any knowledge of her mother
giving Mrs. Dempsey money, either to keeE
lor her or Deposit
Redirect: Went to Mr.. Spruance's at my
fathers solcitati II, and did not know
where was going at the time.
Mary Rogers sworn: The testimony wa
similar to the foregoing as in relation TO tn,
admission of the borrowing of the money
John White, nephew Of Sarah Dempsey
sworn-Mrs. Maloney spoke TO me of OWN
aunt Sarah $500, and spoke OF the trouble
which kept her from paying and her coz
science smote her Tor not being able to do il
she spoke 10 me about it frequently beior
her death, which was very sudden. At on
time was sick and both aunts were to st
me; she admitted the debt at that time.
The cross examination showed that :h
house was at the time decided TO Patric
Maloney.
Bridget Cummins, sworn-The witnes
corrOborated The previous witnesses test
mony in regard to the admission Of til
debt and her intention to sell the house
order 10 pay it.
The court at this juneture took recet
until 3 O'Clock this afternoon.