Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1885-05-21
pied his usual seat on the bench, his first
appearance OF this term.

appearance OF this term.
Court reassembled OF 10 o'clock Tuesday
morning, Chief Justice Comegys and
Judges Wootten and Houston on the
bench, and Benjamin Nields, Esq, began
his argument for the defense in the case
of Calhoun q Co. VS.. Harper Il Go. He
spoke for an hour, and was followed by
MIR. Harrington in the closing argument
for the plaintiffs. At 11.30 o'clock he
concluded, and Chief Justice Comegys
charged the jury briefly. He said no
questions of law were involved, and the
case depended upon whether Semple &
Berge and Calhoun q Company were one
and the same firm. Unless it appeared
from the testimony that they were one
and the same firm the jury should find for
the plaintiffs. At 11.40 o'clock the Jury
retired.
The next jury drawn was in the case of
DR.. John W. Crumbaugh VS.. William b.
jackson, Lore q Emmons for plaintiff and
Benjamin Nields, ESD, for defendant.
This was an action of replevin. jackson
owned and occupied double house in
Mill Creek hundred, one half of which he
rented to Thomas Nj. Robinson, for 300
per year, jackson occupying the other
half. jackson afterwards rented the
basement ind then his half of the house
to DIR. Crumbaugh who subsequently took
Robinson's half of the house. The doctor
failed to pay rent for two months, from
March 25th to May 18th, 1883, and Jack
son seized his goods for the amount,
which were replevined.
Mr.. Nields presented the case of Robin
son, under which Crumbaugh rented; but
as he had not the witness present to
prove the case, the jury was discharged
until o'clock, in order to give Mr..
Nields time to produce the required wit
ness.
At 1915 the jury in the case of Cal
houn d Co. vs.. Harper 4 Co. came in
with verdict for the plaintiff, for
$1O9.55 with interest, amounting to
$125.21.
Court then adjourned until o'clock.
Court reassembled at 8 O'Clock in
the afternoon, and the case of Crumbaugh
| vs.. jackson was continued.
Albert II. Way was placed upon the
stand and identified lease presented to
him as the original lease of the building,
signed and made to Thomas II. Robinson.
Albert 4. Williamson testified that he
| served notice to quit on Mr.. Robinson in
December, 1882; he didn't recollect the
exact date of the service.
William b. jackson was recalled and
/ testified that Robinson moved out of the
house on the Thursday before the 25th of
| March, 1888; the part he vacated was
Immediately taken possession of by DIR.
| Crumbaugh, without any agreement and
| without the consent of the witness; wit
ness first made n demand for rent ON the
25th of the following May; witness issued
Il n distress warrant for the two months
rent from March 25th to the 25th of May.
John G.. jackson, father of the defen-
| dant WINS then affirmed. He built the
house in controversy, and lived in it 81
years. II was built MS one house, but was
subsequently used as double house. The
east end was occupied by Thomas M.
Robinson, who moved out little before
the 25th of March, 1883. He offered the
keys to the defendant, which it
| was found would not fit the lock,
u new lock having been put
on. Crumbaugh's wife stated at that time
TINT they Ind possession and the de-
PENDANT could not get in. On the 10Th
dny of March jackson went to see the
plaintiff and said he wanted to have n
4 lbttSt blRuGus lnt uDClDT bitltl lib tOll1lbtl
| would prepare a lease. Witness had seen
men in the employ of Crumbaugh moving
goods into the house after Robinson
moved out.
Samuel Garrett testified that he helped
move Crlmbaugh's goods from his office
to the part of the house formerly occu-
pied by Robinson, after the latter had
moved out.
Albert I. Williamson was recalled and
testified that he was the bailiff who made
the distress on the goods of DR.. Crum-
baugh ON the 25th of May, in the evening
after dark.
Court then took recess until 10 O'Clock
Wednesday morning.
| At the opening OF court yesterday
morning the case of Crumbaugh vs.. Jack'
| son was resumed, with William L. Hopes
for the defense, on the stand, who testified
to DIR. Crumbaugh's occupancy OF the house
| of William B. jackson. George Wilson tes
titled to seeing DR.. Crumbaugh's goods
being taken into the house before Thomas
H. Robinson's goods were all taken out.
| MIR. Nields then called on Mr.. Lore fortwC
letters written by Mr.. Jackson to DR.. Crum
baugh, which were read and offered in evt
dence. One protested against the erection
by DR.. Crumbaugh Of hog pens on thu
ground generally used for "A garden. Thu
other, dated Aiay l7th 1893, accused DIR
Crumbaugh of living in Jackson'S huus'
without any lease, and by fOrcible entry b,
means of collision with Thomas NJ. Robin
son, the former tenant. In this letter MIR
jackson notified DIR. Crumbaugh that l.
reason of the circumstances, he would hol,
MIN for double rent and also forbid hi.l
cutting the grass on the lawn.
The defense here closed and II length,
argument between counsel ensucd, MI
Lore contending that no collision between
Mr.. Robinson and DIR. Crumbaugh had beel
proved, and that the dstraint made by Nh
Jackson was Illegal ms it had been made q
night MIR. Nields opposed Mr.. Lore on al
t | points and the argument continued until
= O'Clock, when, after discussion in reSar
. | to the questions of law and fact i'll
!. voved in the case, an agrcemen
: between counsel was arrived nj
whereby DIR. Crumbaugh consented I
pay the entire amount of Jackson's clair
for rent actually due, $225 the deicndar
(Jackson) to accept an adverse verdict /
f the case and pay costs. With this under
standing the jury rendered u verdict for tn
plaintiff, DIR. Crumbaugh, for six cents an
costs. Before the ease came to trial ID
: Crumbnugh, on several occasions, tendere
I the full amount of the rent for the yea
e a225. through Constable Albert II. william
n son, but Jackson refused tuaccept, claimin
Q double rent by reason of the alleged colt
r sion and trespass.
A Jury was next drawn in the case of Il
Minneapolis Harvester Works vs.. Alfred
Crockett william T. Lyman, Esq., Il
plaintiff and John Biggs ESD, for defer
Il dant. Action for goods sold and delivered
J.. amount involved S225 with interest fro
: August LIST, 1888.
MIR. Lyman made his opening statemen
. and said that Mr.. Crockett had purchase
!, IL Irvine binder from Thomas A. Lockwood
u an agent of the Minneapolis company m
II declined to pay for it,
Ii Abner II. Woodward of the firm of A.
l. | Woodward Il Co., dealers in agricultur
N implements, Wilmington, testified that h
" firm was agent for the Minneapolis hn
y voster works in and for New Castle coun
and appointed Thomas A.Lockwood Of Mi
3 iletown as a sub agent.
Thomas A. Lockwood testified that Alfrt
N p. Crockett bought II Irvine binder from hi
k, for 1925, taking il on trial to cut his wllei
with the understanding that he was to !
no turn il If it did not give satisfaction
Pending the examination of this witne!
:, court adjourned until o'clock, p. M.
r., From Politics 10 the Pulpit.
The Rev. L. G. Coppin who is in atten
nc anee mt the colored conference now
~ session in this city and who is regard
IN as one of the most brilliant members
W. that body, is former Wilmingtonia
n having lived here several years and Ike
nt store mt Orange street near Elevent