Daily Republican., 1885-12-12
superior Court.
DECISION In TnE TATHALL CASE
-SUDDEN CLOSE OF THE
CASE A0AINoE
FO RBES AND BAN Ks.


CASE A0AINer
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FO RBES AND B AN Ks.
Friday afternoon's session of Court
convened at O'Clock, with the Chief
Justice and Associates W0otten and
Houston ON the bench.
Immediately after the opening Mr..
Niolds resumed his argument to the
Court, for the defendants, in the case Of
Dubois W. Forbes & Banks and James
Martin, Sheriff. Mr.. Nields contended
In favor Of . non.suit, but before the de.
cision was given, Mr.. Higgins with.
drew juror, and the case was con-
tinued until the February term.
A decision was rendered in the case Of
the Farmers bank VS.. H.. Tstnall, the
case was before the Court at the last
term to recover Sl1 900 from the de-
fendant, which 1t was alleged he had
become guarantee for the firm Of II.
L. TAtnsll & Co. Demurrer was made
to this claim, and long argument en-.
sued. In the decision rendered yester.
day, the demurrer was sustained.
The opinion was coincided IN by Judge
Wo0tten but Judge Houston dissented.
Shortly before 5o'clock e. g. Brad
ford, Esq, called the attention of the
Court to the death Of the late Andrew
O. Gray, and read o lengthy address
eulogistic of his sterling worth as
man, his extraordinary attainment as an
attorney, and the vast amount OF good
he has rendered his native State In the
many positions OF honor and trust
which he filled. He closed by present.
ing to the Court the resolutions adopted
by the bar at q meeting held shortly
alter his death, and moved that they
be spread upon the records Of the Court.
Chief Justice Comegys made fitting
reply, In which he said that his &C
quaintance with the deceased had ex.
tended over period Of forty years. He
the fundamentally Of John NJ. Clayton,
and how he not only learned TO admire
him, but that from that time friend
ship had been formed between them
that was only severed by the hand OF
death. He referred to the eminent ser
Woes OF the deceased 1T the Constitu
tional Convention in 1858, and of hi
marked abilities as an attorney. 81,
pronounced him one Of the best con
stitutioual lawyers this Stat
has ever produced, and said tina
In conducting cage he could not b
excelled.
He possessed wonderful fac
Iulty Of thoroughly understanding
a case as soon as 1t was presented t
him, and said that no man knew bette
how to prepare case for Court and cal
Try 1t to successful termination
while he was always devoted to hi
clients, the high standard CT honor b
which he was governed prevented hiI
from taking any advantage of his OF
ponents, and he was perfectly fair, hor
est and upright In all his dealing
with his fellow men. He dwelt on hi
services to the State as President Of th
Delaware & Chesapeake canal, an
said that his death left vacanc
iamong the great men OF this State ths
IL will be hard TO fill.
Judge Wootten also paid o fttin
and feeling tribute to his friend, wi
whom he had been ON terms OF thu
closest intimacy for over half centur
He first formed the acquaintance Of th
!deceased when he himself was o 81
Ident of law. By the death OF his pre-
Iceptor he was obliged to 60 TO Ne
Castle, TO complete his studies with II
Mr.. Rogers.
Here 1t was that he 6rst met Mr.. Ora
who ct that time had just entered upt
the practice Of law, and he was one
the first to take the young student
the hand and speak to him words
encouragement and cheer. A lastil
friendship WAS then formed betwe'
them that was never marred by o sins
lunkind word, and which continu
until Mr.. Gray q death. In concludil
he incidentally remarked that he hiI
self has been on the bench 38 years ls
September and spoke of the mai
pleasant associations he had form
during that time. He urged t
n younger members Of the bar to DIR II
deep from the fountain of learning, o.
e ft and prepare themselves TO take {
. places of the older members Of the b'
de said that this was matter
which he felt deep concern, and
trusted they would heed his advice q
monitions. The venerable Justice "
very much affected while he was spec
ing, and his very excellent advice
the attorneys who will within the ne
4 decade fill the places now occupied
the giants OF the bar. seemed aim
J prophetic.
Judge Houston said that. while
l ubu HOt u&u buO hoAneAoho "
the deceased which had been enjoy
by his brothers on the bench, still
was we'll acquainted with him, q
r desired to pay his tribute TO what b
already been 30 we'll said. He remo
bered Mr.. Gray rs q young law stude
and as he had never seen one before
excited q particular interest In
mind. He also knew him in after ye
) as q brilliant and experienced lawy
but when he resigned the practice
law he thought 1t was q gain to
State, as he became the head of an
provement in which all are interest
and which benefits the entire St
alike.
When Judge Houston closed.
Chief Justice ordered that the reso
tons be spread on the Court recoI
and said that as futher mark Of
spect the Court would adjourn vi
\ 9 O'Clock this morning. All the jur
!. were discharged from further attenda
and all pending caees carried over
the February term.
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Republican Caucus.
A caucus of the Republican memb
Of tho U. 8. Senate was held on Frid
, Mr.. Sherman resigned his position