Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1884-11-26
COURT PROCEEDINGS.
YESTERDAY AFTEnHoO1'a SEES
DION-ANOTMER CASE
1ON.nUlTED.

1Oh.eUITBOs
ProceedipGe were resumed In the
Superior Court st 3 o'clock on Tuesday
afternoon. with all the Judges present.
4 Jury was drawn, and the casa Of
William Keyes. By his next friend Ar.
thur Smith, vs. John II. Peoples, was
taken up for trial, with f1lshmsn
johnson, and Walter Hayes, EsQs., for
Harry EmmOps. Eaqs., for the de-
fsndants. This was an action 70 recover
ON . bond Of 81 ,2O6, ,iclaimed TO be due
the plaintiff from the estate Of his
father, who died in 1864. Mr.. johnson
made . brief opening 70 the Jury, after
which the examination Of witnesses
Isnatius T. Grubb was sworn, and
testifed that be Ia Register of Willis.
4r. Hayes offered to prove BY this Wit
noss the accounts Of John p. Dover, the
executor OF the will of William Keyes,
but Mr.. Lore said no would admit
them, - they were legal records.
MI. Hayes then read the first account
Of JoL. Il. Dever, dated July, 1885,
show Ing that at that time he was en-
debtod 70 the estate 81 OIL &C, and the
fiDsl account made May oath. 1870,
showing that he was then indebted TO
the estate 81 ,2O6.45.
james M. Houseman was also sworn
TO prove the bond given by John p.
Dever, and William Peoples a. security,
but the Court decided that IL was not
necessary to prove 1t, as it was already
entered in the Registers office.
Mr.. Hayes read the viii Of William
Keyes, and the bond given By John p.
Dever and William Peoples, and then
called John II. Peoples to prove the
signature of his brother to the bond.
He also testified that his brother had
been dead ten or twelve years.
William Keyes, the plaintiff, was
sworn, and testified that his mother 10
also dead, having died August 3lst,
1874. Mr.. Lore asked the witness how
old he was when hts mother died, and
Mr.. Hayes objected, but the objection
not being sustained by the Court, and
the q,iesuon was repeated, and he said
h0 Was between 10 and IL years Of age
at the time.
This was the last witness called for
the plaintiff. and Mr. Lore, making his
opening argument called the attention
of the Court to the fact that an executor
or his security could not be held ON .
bond unless IL was shown that the
assets had been in their hands He
claimed that no ev idence had been pro-
duced to show that the property had
passed into Dever's hands.
Mr.. Lore also read the will Of VIM.
Keyes, and contended that as the plain
tiff 10 not entitled according 10 the will
W bis share of the estate unth he is
twenty. one years Of age, iie cannot re-
cover now, as according to his own
statement he will not attain his ma.
jority until next year. He submitted
several other points, and closed by
asking the Court to grant non.suit.
Mr.. Hayes opposed the motion, but
the Court after carefully reviewing the
provisions of the will, and the points
submitted by Mr.. Lore, granted his
motion, and a nom suit WAS ordered.
AT o O'Clock, a jury was drawn In the
case of Buckingham & Co., use of Ben
jamin 8. Clark, vs.. Benjamin j. Kei.
ley, executor of Elizabeth Murray, do
ceased. This Is an action 10 recover on
book account, for goods sold and deliv-
cred TO James ID. Murray, Of New
Castle, by reason of sn order given by
Elizabeth Murray. The amount claim
cd as due October 19th, 1882, is $625.67,
which. with interest TO date, amounts TO
$704.73. Suit for the amount Of the
claim was entered against Elizabeth
Murray, but while II was pending she
d led, and the action is now brought
against the executor named in her
will.
Frank K. Herbert was sworn, and
after being shown the order given by
Elizabeth Murray, testified that he WAS
familiar with her handwriting, and
recognised that on the paper ~ hers.
This order was dated February 22nd,
1882, and another paper, also identified
by the witness as her hand writing, WAS
prod uced, dated November 22nd, 1882,
forbiddipg Buckingham & Co. 70 give
James Murray any more goosis on her
account. Both these papers were offer
ed In evidence.
David e. Buckingham was sworn, and
upon being shown his books testified
that the accounts were in his hand wri-
ting, and that 1t wan his book Of
original entry. The goods are charged
to Elizabeth Murray, for James Muir
ray, and were delivered to him person.
ally. The witness was in New Castle
on business in October, 1852, and called
Oh Elizabeth Murray TO urge payment Of
the bill, and shortly afterwards she
countermsnded the order to. let James
Murray have goods.
As this witness left the stand at 6
o'clock Court adjourned until 10 o'clock
this morning,