Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1885-05-21
SUPERIOR COURT.
The Case of Calhoun a. Co.vs.Harper
& 90. Still ON Trial.

anu uHuerBO Uue mOntn'B imprisonment.
George johnson, colored, alias "Balti-
more Jack" who pleaded guilty to the
larceny of gold watch and chain and
vest from Michael Stein, on the schooner
Pinta, on May 9Th, was sentenced to pay
$195 restitution money and costs, receive
10 lashes and be imprisoned three months.
Jeremiah Williams, colored, indicted
and tried for the larceny of five pipes, SO
cigars and six collar buttons from Martha
Harner, was tried and found guilty. His
sentence was deferred.
Lucio Fiselini and Giovanni Meteor
were tried for the larceny of 10 chickens
and two turkeys from Joseph H. Weldin
of Brandywine hundred. Louis Porter
acted as interpreter, the prisoners being
unable to understand English.
Mr.. Weldin testified to hearing noise
in his poultry house, which, on investiga-
ton he found was caused by robbers.
He traced the robbers to Wilmington,
where they were arrested. The prisoners
at the bar, in his opinion, were the
thieves.
Mr.. Weldin's son corroborated his
testimony and identified the prisoners as
the robbers of the hen house.
Officer Patrick Cathcart testified to
arresting the prisoners at the request of
Mr.. Weldin and his son. They had no
chickens in their possession when ar
rested. Officer Frank Tibbett gave like
testimony.
The prisoners, through the interpreter,
protested their innocence. They said
they had arrived in Wilmington ON late
train, and started for the new section ON
the b. & p. road in Brandywine hundred,
where they were to work. 1t being
stormy they returned to Wilmington to
seek lodging, and were arrested by the
policemen. They declared that they
knew nothing about the chickens.
In charging the jury the Chief Justice
Comegys said the prisoners were for
eigners, entirely ignorant of our language
and unable to cross question the witnesses
for the State. The jury, he said, might
take these points into consideration in
arriving ut verdict. AT 4.30 O'clock the
jury retired.
= Immediately afterwards the jury in the
case of Sewell Starkey, colored, came
into court and announeeda disagreement.
The foreman said there was no possibility
of an agreement, and the court discharged
the jury. At the request of Starkey's
counsel, Walter Bacon, ESQ, bail for his
appearance ut the next term of court was
fixed at $500.
During the period of elaboration the
Jury took number of ballots, with yari-
GUS results One ballot stood ii fol
acquittal to one for conviction. The
members of the jury felt convinced i'll
their minds that Starkey was guilty, but
RETAINED from verdict of guilty on
account of the failure of the State to posi-.
lively identify the stolen articles traced to
Starkey as the property of MIR. Thomas,
the prosecuting witness. Finally, they
came to the conclusion that as they could
not agree upon verdict of guilty, il
would be better to disagree altogether, SO
that the prisoner could be confined until
next term, when the State will have IN
opportunity of presenting conclusive
proof before new jury.
The jury in the case of Fiselini and
Meteor, the two Italians, came into court
at O'Clock with verdict of not guilty
and the prisoners We're discharged. They
grinned with sincere pleasure ms they lef
the dock.
Court then adjourned until 10 o'clocl
Monday morning.
The superior court met ut II o'clocl
Monday morning, Chief Justice Comegyl
and Judge Houston on the bench.
The roll of the general jury was called
after which the trial list was gone over
OF the los cases on the list, 80 wer,
marked for trial, So continued, 10 passed
81 settled and one referred.
Afterwards the case of William Mile
VS.. George @. Simpson, marked for trial
was announced as having been settled.
Levi G. Bird, ESD, presented to TIL
court petition from the Baltimore d
Ohio Telegraph Company, representing
that the Delaware u Atlantic Telegraph
and Telephone Company had refused t.
place one of its telephones in the office o
the petitioner, although requested to d.
so and the proper payment therefor ten
dered. The petition represented that tn
local manager of the telegraph company
Frank ID. Sweeten, had called upon tn
local manager of the telephone company
f. j. II. Mahaffy, and made application
for a phone in the Telegraph office. Nh
Mahnffy stated to Mr.. Sweeten that tn
latter's letters of application ma
been received and forwarded to tn
general office, but that no reply had bee
received, and no phone would be put i
under the circumstances. The petltlo
further alleged that phone had bee
placed in the office of the Western Unio
Telegraph Company, and that the tell
phone company was under the control {
the said Western Union company. I'll
petition prayed for writ OF mandnnr
10 be issued, commanding the Delaware
Atlantic Telegraph 4 Telephone Con
many to put one of its telephone instr
ments into the office of the Baltimore
Ohio Telegraph Company in Wilmington
for the general use and convenience I
said company and its patrons.
Mr.. Bird asked for rule on the d
PENDANTS to show cause while the mand
mus should not be issued, and i'll view
the exigeneies of the case, requested IL
rule to be made returnable mt ms early
day MS possible, in order that the ea
might be argued Mt the present term
court.
The court made the rule returnable {
Saturday next.
A iury was drawn in the case of Jol
II. Calhoun ~ Co., of 81. Louis, Mo-, v
Warren Harper * Go. Bates Il Harm
ton for plaintiff, and Benjamin Nield
ESQ.,, for defendants.
The suit is for the recovery of b
amounting To $lO9.55, for uBrlcriltuf
machinery ordered by the defendantsfro
the Semple Il Berge Manufacturing Coz
pany, which company WINS succeeded
business by the plaintiffs. The testimol
of the plaintiffs was contained i'll
position which was read by MIR. Harm
ton. a..
Pending the reading of the depositi
court, Mt IL. SIS, adjourned until 3o'cloc
p. M. :.
AT the reassombling of court in
afternoon, Austin Harrington, ESD, &C
tinued his reading of the deposition
the plaintiffs in the case of John IL. U
houn Il Go. VS.. Warren Harper u U
and on concluding rested his case.
For the defense Mr.. Nields made
following statement of the case. war;
Harper X Co., made an agreement W
the Semple Il Berge Company OF
Louis for springs used in agricultural
elements, at two discounts OF ~ per G.
each and hnd dealings on this basis.
June 1882, they agreed, if the same ter
were continued, to take 100 sets. ]
offer was accepted, and they sent on
order. They received S5 sets and p
full price for them and then 3
for and received the 10 81
in order to get the adyant
OF the discount. They paid 1884.
whereas the cost of the 100 sets with
discounts off, would be only $4s9;
making an over payment of $5.l7.
Nieids said Warren Harper d Co,
ceiyed no intimation during these ira
actions, that the Semple q Berge G,
many had been succeeded by John 4.
Roun & Co., the same party attending
the correspondence for both concerns
Thomas S. Brown of the firm of War