Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1884-12-11

4
O'Clock Friday morning.
During the afternoon four Jury verdict
were taken in the law library on case
where there was no defense, as follows
Walton, Whsnn & Co ,vs. John r. Carte
and Thomas Walker, Tor work done snC
material furnished in building an iroi
pyrites furnace amount Of claim
81, l,006 50; borrowed money, $3.50 total
with interest to date, e1, ,268 80; Gsorg,
W. Stone vs. John T. Carter, for $20S 28
principal and interest; &. A. Watson 8
Co. vs.. Fillmore & Morrow, $157.92
Westinghouse Machine Company vs. Johr
=. Carter, $3.50.
Court met at 10 O'Clock Friday morning
and at once resumed oonside deration Of the
case Of Jones vs.. Belt.
Henry W. Frame, oolored, Mr.. Belts
ooaohman, who has been employed ai
the drug store now owned by Mr.. Belt
for 30 years, said the horse which yAu
into jones' ladder was about 20 years
old. He testified to leaving the horse at
the ourbstone in front Of the drug store,
on Sixth street, while he went into the
yard for box, but when he came out, a
minute or 80 later, the horse was gone.
Mr.. Belt notified him that the horse was
not there, and he started Immediately
after the team. He saw the horse
"poking along" the southbound track Of
the city railway, but before he could
catch up the horse struck the ladder.
Clifford Mecannon, . clerk at Belts
drug store, was called 10 prove the good
character Of Henry W. Frame, and his
excellent qualities Ss . driver, but Mr..
Ward, for the plaintiff, obj scted to the
testimony, on the ground Lhat previous
good character and oarefulness had no
bearing on ths act OF negligence charged
In this case. A lengthy argument
ensued, at the conclusion Of wbloh the
court decided 10 admit testimony In
regard to Frames ability and oareiulness
90 driver. The witness testified TO this
fact, and also gave testimony In relation
to the accident, which he Witnessed. H.
also said that Mr.. Belt gave instructions
to all in the store to fill all prescriptions
needed by Mr.. Jones during his illneFs
free Of cost.
William R. Long, oity editor OF the
Republican, testified to seeing Jones, i'm
medistely after the accident, In
Megrattan's furniture store, being at
tended TO by DR.. Blocksom. Jones was
then conscious and talked about the
accident. Jones said he should have
been more careful.
DR.. Blooksom testified to the nature
and extent Of Jones' injuries.
James 5 Morrison and Willism W.
Pusey gave testimony to the effect that
the orders Of the electric light company
were for man not TO mounI q ladder to
adjust one Of the street lamps, unless
there was another man present to hold
the ladder and guard against accident.
City Solicitor Turner testified that he
gave no assent to the electric lAmps being
swung ACROSS the streets, and told Mr..
Hoffecker, the electric light oompany's
attorney, that City Council had no right
to either grant or refuse their application
for permission to suspend the lamps.
] r. Moore OF the electric light COM
pspy testified that Jones was at work
within month after HIS accident, doing
duty as q watohman. In addition To his
wsges the company also made Jones q
donation OF $l0
With the testimony Of Mr.. Moore the
defense closed. This being the last Jury
trial the balance OF the jury was dis
charged from any further attendance at
this term. At IL 40 O'Clock William B.
Barton, Req, opened the argument for
the plaintiff aud spoke until the noon
adjournment.
During the morning four ipquisitions
were taken by jury In the law library, in
cases where there WAS no defense, as fol.
lowe: Peter Mccullough vs.. Lille Landls,
for damages inflicted upon the p aintiff's
property. by the defendant, who rented It
for the Seem Thestre"-verdio., 8125;
John P. Donahoe vs. Charles Reynolds,
administrator OF John W. Reynolds, debt,
$50; John W. Fenimore vs, William Il.
Grasley, $l94.37; Lore & Bmmons va.
AmAnda Russell, garnishee Of Buokipg-
ham & Co., 8185 SO.
When court Teassembled in the
afternoon William B. Barton, OF counsel
for the plaintiff, resumed his argument
in the case Of Andrew W. Jones vs. 2
James Belt, action for damages. He
spoke until 4.25 O'Clock when Charles NJ.
Curtis, Rsq, OF counsel for the defendant
took the floor and spoke for half an hour.
At 6 o'clock William c. Spruanoe, ESQ :,
closed the Argument tor the plaintiff in q
ma terly address. He spoke for an hour,
when court took recess until 7 O'Clock.
The evening session was occupied by
Mr.. SpruAnos until 8 80 O'Clock, when
II Fl. Ward, Esq, for the plaintiff,
followed and spoke for over two hours.
At 10 45 O'Clock court adjourned until
8 o'clock SATURDAY morning when the jury
was charged.
immediately after the opening o. court
at 8 O'Clock Saturday morning the charge
NJ 4. 49, IN. H.. "a D.Ig
was delivered by Chief Justice Comegys.
The charge dwelt at length upon the i'm
portsnt question how far oontributary
negligence on the part Of an injured
party will 60 to prevent recovery
in an action for damages, and Ia regarded
ss one Of the most important charges
delivered in this court in recent years,
and will be published in full in BvRRY
EVENING Of Monday. At 9 40 o'oock the
Jury retired.
3. A. Macallister and Walter Hayes,
EsqS., counsel for Aid aud Diamond State
Loan Associations, applied TO the court
for an order compelling ex-Sherif Martin
topay over to the respective associations
the sum of about 81 $50, from the
proceeds of his recent RAle of the
property of Il r. Pioksls, which he
wac holding 10 satisfy the d. mspds Of Il q
city tax collectors for taxes for the years
1888 a The application was based NJ der
section 80 Of the city charter, which
makes taxes prior lien on property and
says "The said lien shall be fully paid
and satisfied before any rsoocpizapee,
mortgage, judgment, debt, obligation or
responsibility which the real es-
tate may become charged with or
liable to from and after the passing OF
this act" Il was claimed aud shown
that the mortgages under which the
property WAS sold were given in 1881,
prior to the passage Of the act. The
court granted the order, and the loan
associations will get the taxes, instead oi
the city .- s"...--.. -.... ~.
The balance of the morning session
was occupied In motions and arguments.
Saturday was an anxious day for appli.
oants for liquor license. It was apparent
during the morning that court would ad
journ before night, aud the applicants,
particularly those for new places, were
especially desirous to learn their fate.
The court, however, did mot fually Ad
iourn until $50 O'Clock, and as the trair
on which the judges went home did moi
leave until 6 IS, it was Z O'Clock befor,
the great secret was divulgsd by Deputy
Clerk Of the Peace 0sborne.
There were III applications at thii
term Of court, Of whioh 81 were granted
and 26 refused. All the refused applica
tions were from Wilmington pArtiei ant
among them are the saloons Of Benjamin
Kopf, Eleventh and Church streets, ant
Mary Ryan, King street below Fourth
heretofore licensed. Seven new spplioa
tions, all from Wilmington, among then
being license for the large new hote