Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1885-12-10
Superior Court.
YESTERDAY AFTERNOON,s sEs.
sION-THE REPLEvIN CASE ON
TRIAL
THE EVIDENCE ALL In.

THE EVIDENCE ALL In.
Court re-convened at 3 O'Clock yester.
day afternoon with Chief Justice Come
gys and Associate Judges Wootten and
Houston on the bench. The trial Of
the case Of Aaron y. England, Va. Will
liam Forbes, Robert r. Banks and
James Martin, Sheriff, was resumed.
Robert r. Banks was recalled and
subjected to redirect examination by
Mr.. Nields, after which he was re- .cross-
examined by Mr.. Higgins.
Joseph Il. Kirk WAS sworn, ,and testi-
fed that he had been employed as
beekkeeper by Forbes & Banks. He
left them on Febuary End, 1884, but
returned May 9th of that same year,
and was present when Mr.. England
replevied his spokes. The witness
|corroborated the testimony of Banks In
reference to spokes other than those of
England g being taken away by him,
and said that he counted 1913 that
were loaded on the wagons and hauled
AWAY by England and the Coroner,
which did not belong to that lot, but
had been bought from party in
Msrrlsnd.
The witness counted 16,l57 spokes
which we're loaded on the wagons, but
part of the time they threw them in 80
rapidly that he could not keep count.
He told Webb, who was present to
identify Mr.. England's spokes, that
they were taking spokes which did not
belong to them, and he was afaid they
would get themselves In trouble. He
replied that he didn't care, as he was
making a good days work out of it.
Robert l.. Rogers testified that he
was In the employ of Forbes & Banks
in the months of April aud May, 1884,
as an engineer. He recolected Mr..
Webb coming to identify some spokes
for Mr.. England, and that tlure were
some other spokes there, but be did not
know where they wers from.
The witness could tell the difference
In the spokes from the fact of those
which had been on hand turning vel.
low, while the new ones, which came
from Mr.. England, were white. The
spokes were piled up just outside of the
engine room, and when the wagon took
them away they took the old ones as
we'll as the new. He told Mr.. England
that they did not belong to him, when
he remarked that no either did not
know, OF did not care q d--l be was
mot certain %.:.ca.
Harry w. Banks was sworn, and
testified thas he was employed by
Forbes q Banks In the spring Of 1884;
he recolleoted lot of spokes coming
there by railroad, from Pennsylvania ;
he hauled them from the cars to the
factory. He paid the freight with
money furnished by Forbes & Banks.
Mr. Nields showed him a check for
I$11.2S, which he identified as one that
he paid the railroad comp3ny for
freight for the first car load. He was
present when Mr.. England toek the
ispokes away, and saw him take some
that bad come from down the country.
He thought that he bad taken some
600 or 1000 Of the old spokes they
were of q better quality and o higher
price than those of Englands,
Jacob Trusty, colored, testified that
he was employed by Forbes & Banks
In the spring Of 1884, and remembered
about lot OF new spokes coming in.
There were lot of old spokes on hand
that had been there all winter. He
corroborated the testimony Of the other
witnesses about the England spokes,
and the Coroner hauling q lot of these
old spokes away.
Joseph 81. Kirk was re called, and
stated that after the Sheriff levied on
the place, Mr.. Banks told him that
there was lot of hubs ordered from a
man up in Pennsy lvanla, aud that he
should telegraph to him countertaand-
ing the order, as he was afraid if they
came they would also be levied on, and
the man lose his money. On cross-
Examination he taid there were two
levies, the first being BY Edwin r.
Banks, but the mill was not stopped
until the levy was made by the NAL
| leable Iron Company.
Edwin r. Banks was sworn, and
corroborated the testimony OF his broth
or, In reference to visiting England's g
house and bargaining for the spoBes.
The witness held q Judgment bond
against his brother Robert, which he
thought was dated prior to this transac.
tion. He gave this bond to Mr.. Lyman,
and asked him if 1t was not as good as
mortgage on the house, and he replied
that 1t was not; the witness then inquir-
cd what he should do about it, and Mr..
Lyman advised him to have 1t entered
up, and told him that the Malleable
Iron Company had . judgment against
Forbes. The witness told him to 60
ahead and have the judgment entered,
out not to shut the place up, as all he
wanted WAS to make himself safe.
He was cross-examined BY Mr.. Hig-
gins, and said that at the time his broth
or was buying tn espukes from Mr.. Eng
land, he did not say word about the
Dond; when Mr.. Lyman talked about
Issuing an execution, the witness did
not know what 1t meant; he supposed II
would have some effect upon them, but
did not know what 1t would be.
On cross examination by Mr.. Hotfeck'
er, he said that he did not say anything
to his brother Robert about his having
the execution issued, aud he did not
believe he knew when 1T was done.
William D. Lyman WAS sworn, and
testified that he was the attorney fol
Edwin Il. Banks, and prepared judg
ment bond for him; he afterwards ad
vised him to enter the boud, have exc
cut,on Issued and a levy made, ant
then have the levy stayed, as by tina
means he could make himself safe. /
WAS the purpose of the witness
to make the levy and let it rest for three
years, under the statute.
MT Nields stated that he had NJ
other witnesses, and Mr.. Higgins re
called Aaron @. England, who statet
that the spokes which he sold Forbes
Banks had been cut In the fall, ant
aid out In the woods all winter. h
also stated that in taking the spoke
from Forbes & Banks, he did not tax
any but his own.
There was a lot of fspokes lay ing ther
that Mr.. Rogers told him to take, but a
they were not his he refused TO do az