Delaware gazette and state journal., 1884-05-22
COURT PROUEEDINGs.

COURT PHOOEEDLNQS.
n,eurug session on MondAy-The
Tr,nI List Conc Overcome Jury
Trtni-An Interesting Case Az ainst
the Match Company.
After court reassmbled yesterday
.tteruoon week Chief Justio Comegya
charged the Jury in the case of Charles J.
Rlske. indicted for burglary with intent
IN commit larceny. Half an hour was
oooupied with the delivery of the charge.
The chief Justice reviewed the testim my
and carefully d.nned burglary and
larceny. He said this was . case Of
oIroumstantisl evidence and warned the
iury to be careful how 1t convicted In
suoh 4 Case. The removal Of the panel
from Mr.. Pussy's door was proof that his
house had been burglsriously entered, but
II was for the jury to determine whether or
not Blake WAS guilty. At the suggestion
Of Attorney General Gray, Chief Justice
Comegys informed the jury that the
prisoner could be found guilty as In
dioted, or Of larceny simply. Any per.
sop, said he, who II found with stolen
goods In their possession shortly after
tbsy have been stolen and cannot give q
satisfactory explanation Of how they
attained them, can be convicted Of either
burglary or larceny.
At 8 30 O'Clock the Jury retired.
Ten minutes later Samuel C. Hall and
Martha X. Smith, both oolored, we're in
dioted for causing the death of little
Martha X. Wesley, also oolored, by burn
ing and otherwise t0rturing her. They
both pleaded guilty of granddaughter and
were Immediately sentenced to each pay q
fine OF 81 900 and costs and be imprisoned
Two years, their terms of imprisonment To
expire May 18th, 1885.
The case OF George s. Hagany, indicted
for the larceny Of a large quantity OF silk
from the store Of W. NJ. KennArd & Co,
was continued until the next term, Will
mer Thomas, q witness for the defense
having been returned non est.
At 3 40 O'Clock Dsnnis Quill, who
pleaded guilty to the charge Of having
stolen basque from Julia Reynolds, was
brought into court and sentenced to pay
$40 restitution money and costs OF prose-
oution, be Imprisoned three months and
be whipped with 10 lashes on Saturday
next. The prisoner was indicted on two
other charges, the larceny of clothes
wringer from John e. Graham and the
lsroey OF a quantity Of hose from Joseph
Stosckle. In these cases Attorney Cen
ersl Gray entered y nolls prosequi.
After Quill had bsen sentenced the
special jurors were discharged from
further attendance and the other jurors,
not empaneled In the Blake case, were
discharged until 10 O'Clock Monday
morning.
At a 25 O'Clock the jury in the Blake
Case came In with . verdict Of not guilty
as In manner and form. indicted, but
guilty Of larceny. Sentence WAS deferred.
Five minutes later the jury WAS dis
charged until 10 O'Clock Monday morning
and the court was adjourned until the
same time, when the superior court will
convene.
A lawyer informed Il reporter that
Samuel G. Hall aud Martha X Smith
we're Indicted for manslsughter with the
understanding that they would plead
guilty. Otherwise they would have been
tried for murder and undoubtedly found
guilty of granddaughter. The opinion
that their punishment WAS too light is
pretty general.
The superior court opened Monday
with Chief Justice Comegys and Judge
Houston on the bench.
The trial list WAS read by the prothon.
otsry, and, as usual, q great majority Of
the cases were marked continued. Only
about 20 were marked for trial.
The first CASE ready for trial WAS that
Of Thomas B. Hizsr & Co. vs.. John Moir
Clark, managing director OF John Moir
Son, proprietors Of the cannery over
Eleventh street bridge on the Brandy.
wine. William G. Spruance, Esq, foi
plaintiff and Levi C. Bird, Eaq., fol
defendant.
Mr.. Sprusncs stated that this was Al
action Of assumI sit, on book account, tc
recover money for work done and
material furnished, amounting tt
sl,l25.25, with interest from May lst
1882, to date. The claim was for Altsra
tions and Improvements made to the
Moir cannery by the defendants.
The testimony of Thomas B and
Francis W. Hlzar WAS taken IN regard tt
the work done. There was n, defense
the only objsct being to protect the Johr
Moir 4 Son Company In their payment
as they had contracted with Hsr y Lap,
to erect their building, and after hit
financial difficulties got Hizsr x Co. t
make needed alterations and improve
menis.
After a statement of the case by conn
sel the Jury rendered formal verdict fo
plaintiffs for the full amount claimed
with interest to date, amounting Il
$l243 81.
William C. Spruanoe, Esq, read th
petition OF David N. Stevenson of Detroit
Michigan, praying for the issuance of
writ of mandamus to compel William Il
Swift, president of the Diamond mattel
Company, to allow the petitioner to max
extracts, and copies from the books O
the company relative to its business an,
profits for the years 1881 Q The psti
toner stated that he WAS a stookholde
Of the Diamond Match Company, a cor
poration organized under the laws Of tn,
state of Connecticut, holding 1872 share
OF the common stock valued at &l3, 20C
:. l44 shares of common and prsferre
of common stock, valued at $4,000
That suit in the suit in the superio
court of Detroit against the petitioner b
Christian Buell. and Russell Alvi
throws upon the petitioner the necessit
OF sscertaining the net earnings an
legitimate profits Of the Diamond Mato
Company for the years 1872, and
obtain this information it is necessary fo
him to have access to the books an
records OF the company for these year,
The petition stated that during the year
1879 80, by reason Of great over pre-
duction, the business of match maxim
in this country was conducted at
great loss, whereupon the Diamon
Match Company WAS organized
being consolidation Of vsriou
match companies, the outside oompanit
taking pay in stock of the Diamon
Match Company for the interest they PIT
into the general concern, and givin
bond not lo continue In the match bus
ness. Mr. Richardson at the time VIZ
proprietor of the Richardson Match Con
psny OF Detroit. The petitioner state
that he had made application to Williai
II SSiit, president Of the Diamond Mate
Company, both in person and in writing
for an inspection OF the books of the con
pany, but had met with an absolu
refusal. The last application WAS mac
in January, 1884.
Mr.. Spruauce further stated that h
client, during period Of embarrassment
about two years ago, pledged his stock
the Richardson Match Company to Bue
and A win, as collateral for loan, +
which loan suit had recently been inst
tuted. When the merger was effects
with the Diamond Match Company, Il
collateral vas changed to the stock
the new organisation, and handed to Bu'
and Alvin with the condition tn
tha,, 81.