Delaware gazette and state journal., 1884-06-05
COURT PROCEED mos.
The Green vs.. MaI0ney Case Ended
-Adi0urmment Of Court Sine Die.

The Green vs.. MaIOney Case Ende,
-AdI0urnment OF Court Sine Die.
Al the rsasseIa ling of court yeaterda
afternoon week, in the case OF Green y.
Maloney, Prothonatory George A. Max
W Ill was called TO the stand and estife
tnst judgmsnt on the bond was ooniesse
by Green on May "a, 1881. On May 6sl
narr Was brough. to his office by HOm
one else, and the bond taken away.
John Comfy testified that john Malone,
: was employed by him, and that attach
ments had bsen served upon him b,
Green against Maloney's wages. Greer
had also called upon him to sttaoi
Maloney's wages, but he mas efnsed t.
pay them until he could consult witt
Victor dupont, Rsq., and then Green tolt
him not TO do that, as he would fix i
with Maloney. The witness WAS uade
the impression that Green did not wan
him to say anything TO Mr.. DUPONT sbou
the matter. On cr0ss. examination tn,
witness said he had threatened to dis
charge Maloney as other persons beside
Green had troubled him about Malonsy'i 4
debts.
Michael Kallaher testifed that IN the
fell of 1881 Green came to him and said
he was going to attach Malonsy's wages
and asked him TO act as deputy sheriff in
the matter. They were then riding in o
wagon and, meeting Msloney, Green in
vited him in the vehicle a1d took him
home. Some time afterwards Green
asked the witness If he remembered that
he (Green) read the bond 10 Meloney
during this ride and he told him be did
not. Green then seemed to bs very
desirous that the witness should say the
bond was read in the wagon that day.
Sill later, when he was in GREEN'S store,
Green asked him again about the readi lg
Of the bond, when he sgain replied that
it was not read that day.
| Patrick Cahill said that last Deoem ber,
in GREEN'S store, he heard Gret ask
KallAher il he "had considered tha. mat
ter sny different since" Kallaher said
he had rot. Green did not say what "the
MISTER" he alluded TO was.
| James MeGordy was sworn, but his
testimony wss not in any way pertinent
to the csse.
Michael W. Malvney, son OF the de
fandant, who was in the wagon with HIS
father, Green and Kallsher, testified that
Green did not read any paper TO his
father on that occasion.
William Luke, superintendent of the
Jessup & Moore Compauy's paper mills,
testified that the wages due Maloney's
minor children, who worked in the mills,
had been attached in his hands by Green.
The case here closed, and Walter II.
Hayes, Esq, made the opening afgu
uent for the plaintiff. MIR. Vsndegrift
| followed for the defendant. He eaid In
the course of his remarks that the plain.
| tiff's counsel did not dare put Charles
Green on the stand TO produce his books
aud prove what Malonsy owed him, they
as they knew as well as he did GREEN'S
reputation in the community.
Mr.. Higgins objected 10 Mr.. GREEN'S
character being called into question.
Mr.. Vsndegritt continued his address
saying that the defense claimed fraud all
through the entire transaction.
At sos o'clock Z. g. Bradford, E:q.,
followed for the defendant. He said the
defense charged fraud in the writing OF
the bond, aud that if John Msloney ever
signed IL he did so through the frsudu-
lent procurement of Charles Green. Mr..
Bradford spoke until 6 O'Clock, when
court adjourned until 10 Thursday
morning.
AT the opening of court, Thursday
Il. G. Bradford, Esq, resumed his argu-
ment for the defense in the case or Green
VS.. Maloney. He continued in the line
of defense that he lad outlined the
previous day, viz, that the bond on
which Green was sneipg was pro-
cured ty fraud. He spoke until II SIS
O'Clock and then briefly addressed t.. o
court in relation to the law points upon
which he wished the jury charged. They
were: First, was John Maloney's mark
really attached to the bond, and, second,
il It was placed there by John Maloney,
whether it would not be invalidated by
the fraudulen, procurement thereof.
At IL o'clock Anthony Higgins, ESQ,
began the closing address for the plain
tif He spoke until l O'Clock when
court adjourned until 3 p. m.
In the superior court, in the after
oon, MIR. Higstns oontinuedlhis argument
for the plaintiff in the case Of Green vs
Maloney. He spoke for three quarters
of an hour when Chisi Justice
Comusys delivered the charge. He said
that fraud vitistes all contracts. II the
jury were satisfied that Maloney signed
the boud, with full knowledge of its
contents, they should find for the
plaintiff bat il they were convinced
that Nsloney did not sign the bend, or
signed IL through misrepreger tatione, or
by reason OF 1t being read to him in
manner that he could not understand,
then they should find for the defendant.
Fraud, however, must bo proved, not
inferred.
AT 4 o'clock the jury retired.
A iurp " than a 4 t,u ba an of
Harry Lspe vs. the John Moir & Son Com
pany. Benjamin Nields, Esq for plain.
tiff, and Levi c. Bird, Esq, for de-
fendsnt. This is an action to recover
S5, 1858 9S with interest from December
lat, 1881, TOR extra work and additions
done and made by the plaintiff upon the
defendants canning factory in this city.
The additions comprised ten annex build
ings to the main cannery, and the extra
work consisted in Snoring up the walls Of
the main building, which being built
upon an insecure foundation, gave way
after the building was constructed.
Mr.. Nields, for the plaintiff, made his
opening statement 10 the jury, and then
called Reese F. Bell, who was bookkeeper
and general business manager Cor Mr..
Lape. He produced the books contain
ing the charges against the John Moir &
Son Company, and testified to their cor
rsctness, The books were offered in
evidence. This testimony occupied the
attention Of the court up to the 6 O'Clock
adjournment. The Green Msloney Jury
remained ont all night.
Before adjournment the jurymen not
empsneled in the above CASES were dis
charged from any further attendance upon
this term.
At the opening of court Friday morning
William C. Spruanoe, Esq, called the
attention of the court to his motion for
rule to show cause why a maudamus
shouid not be issued compelling william
Il. Swift, president OF the Diamond
Match Company, to submit the books OF
the company TO David NJ. Richardson, 8
stockhOlder residing in Detroit, Michigan,
which was made returnable on Saturday
last. On account of the press OF business
and the necr approach OF the time for ad,
journment, it was agreed by the re-
speotive attorneys, Messrs. Sprusuce aud
Gray, to continue the matter until the
September term.
The case OF Lsps VS.. Moir & Son was
then resumed, and James Nj. Bryan,
TboYnua nauidsnp GanrDa S,aar A,drau-