Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1884-11-27
SUPERIOR COURT.
Two Jury Trials Finished Monday
Afternoon-Ad0fph Kettner Pleads
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Two Jury Trials Finished Monday
AfaernoOm-Ad0fph Kettner PLEADS
RutAay Of Bznnshsughsers
IL was 10. 40 O'Clock when the superior
court formally opened, Monday morning,
although the door had been opened and
the crowd In waiting for three quarters
Of an hour. The roll Of the general jury
was called.
Afterwards the trial list was gone over,
sud out Of So cases but Is were marked
for trial. A large proportion Of the bal.
anoe were passed, and others were CON-
tinued or announced to be settled BY
confess d judgments.
In the case Of Joshua Clayton, assignee,
va. James Il Scowdrick and vile, action
10 recover on q mortgage, III which the
Jury rendered q verdict for the defendant
at the last term Of court and new trial
was subsequently, allowsi, John Biggs,
Rsq., counsel for tho plaintiff asked that
a special panel be drawn for the new trial
at this term. The request WAS granted,
ana the panel will be summoned to ap
pear on Monday next.
The first jury drawn was to thy the
oase Of John F. speok, defendant below,
appellant, We. Francis soheu, plaintiff
below, respondent. Scheu ha1 done print
ing for Speck by issuing the offioial pro-
sramme for the Volksfest celebration 10
1888, and failing to get payment there
for sued him before 'squire VRndaRrift
for the amount Of she bill, s66. The case
was tried by referees, who awarded
scheu sb5. DR.. Speok appealed, and
hence the trial in court. Il. R. Penning.
ton, ESQ. appeared for Soheu and Lilbarn
Chandler, Esq, for Speck.
Mr.. Soheu was called TO the stand, and
testified that he contracted to print the
Volkyen Gazette for DR.. Spsck for $3.50.
lie said the type setting amounted to
go, 900 ems, at 80 cents per thousand,
while the paper and press work made up
the balance of the bill.
Augustus 6cheu, son Of Francis 6cheu,
also testified to the character and amount
Of the work done for DIR. Speck.
Cody Anfenger testified to making the
bargain between Speok and Scheu Tor the
printing Of the VolkJest Gasetts. The
,ounsel for Sohsu here closed, and court
then adjourned until 8 O'Clock p. m,
During the morning session the sure.
ties Of Sheriff Thomas Ford appeared and
were approved by the court. The amount
is $50, 900, and the sureties are Michael
Meeary, Thomas Toy, John Fehrenbach,
John Guthrie and Peter j. Ford.
Court reassemblsd at O'Clock in
the afternoon, when the appeal case Of
Speck vs.. Soheu was resumed. Lilburn
Chandler, ESQ, counsel for the defense,
addressed the jury at length, in favor OF
his client, claiming that the work done
by Soheu for DR.. Speck, was done too
late in the day to be Of any use for any
practical business purposes, and was
| therefore useless and Of no Account. In
addition DR.. Speok testified that Scheu
had agreed to write column Of editorial
per day for the Volksfen Gazette but
failed to do 30. Instead OF getting the
edition ready in time, Scheu did not have
| Il ready until after 2 O'Clock each day,
and during the continuance Of the
Volksfest, he did not get the special
edition ready until late hour each day.
speck refused to pay the bill charged
becaused Soheu had not fulfilled his
contract, and because the defendant
above (speck) had never made any
contract TO pay the amount charged.
Augustine Soheu was recalled to impress
certain points Of his direct testimony,
after which the case was submitted sitn
out argument, and the jury retired.
A Jury was then drawn TO try the olst
Of Thomas R. Lally, plaintiff below, appel
liant, VS.. Andrew M Cloud, defendant
below, respondent. Mr.. Lally testified
that Mr.. Cloud had put into his hands to
sell, a property on Washington street
between Fourth and Fifth, but he was
up able to make sale Immediately After
wards he learned that the property had
bsen sold ny Cloud to Albert B. Gillespie.
without his knowledge, for $1,000, and
without any regard to his control over
the sale Of the property as AGENT. Mr..
Lslly further testified that no had CON
suited with Mr.. Gillespie with regard to
other property than the Cloud property,
and that II be had bssn allowed to sell
the Cloud property he would have made
commission OF over 300. He afterwards
demonstrated with Mr.. Cloud against sell
ing the house otherwise thsn through
his agency, but without effect.
John MoHugh, clerk for Thomas R
Lally, testified TO Mr.. Cloud putting hii
property into Mr.. LAlly's hands for SALE
or rent.
The case here closed, and Mr. Hoffeokei
for Mr.. Cloud addressed the jury it
behalf Of his client, and claimed tha
Mr.. Cloud had Withdrawn the property
from Mr.. Lally's hands and found pur
chaser for himself, and was, therefore
not bound to pay Mr.. Lally any commits
sion.
George R. Townsend, real estate agent
was called, and testified that when prop
erty was placed In the hands Of rea
estate agents commission Of 2 per cen
on the sale was expected. He said Mr.
Cloud had placed the property in hi
hands for sale, but he had effected NJ
sale.
Andrew N. Cloud testified that he ha,
placed his property in Mr.. Lally's hand
for sale in 1888, but previous TO doing 8
he had plscard on the property an
nouucing that 1t was for sale. He foun,
an opportunity to sell the property t
Mr.. Gillespie and did so without regar
to Mr.. Lslly.
Albert B. Gillespie testified that he ha
bought the property from Andrew "
Cloud, and that at the time he did nc
know that Mr.. Lally had anything to d
with the property.
After hearing the testimony OF Thoma
R. Lally, to the effect that Mr.. Gillespi
i, had learned that Mr.. Cloud had hons
to sell from Mr.. Christisn Messick, th
evidence closed. The case was submitte
without argument, and At s 45 O'Clock th
Jury retired.
: After an Rbssnos Of 10 minutes th
I Jury returned with q verdict for the d.
: PENDANT, Mr. Cloud.
About O'Clock Adolph Kettner, a
i raiRned for the murder Patrick o'Briel
and in whose case the jury disagreed
last week, came into court and pleade
:, guilty to granddaughter. He was SOL
" tenoed to pay a fine OF $4,000 and
undergo an imprisonment of five year
:, Ksitner appeared we'll satisfied with h
punishment.