Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1885-12-03

4 'fo inurrlhBe, Uut WiLnOut tho PVWoE On
her part to dispose OF the same without her
husbands consent The object OF this law
was to put her property out OF the power
OF her husband, and out OF the reach Of his
creditors. The act of 1871 further gave to
married women the control of all their real
and personal property, and placed 1t beyond
all liability for the debt OF husbands. IL
also gave married women the right to re-
ceive wages for services performed outside
OF her family and to recover and hold the
same. Further legislation, In 1875, gave
married women sole and exclusive right to
their own property, with full right to sue
and liability to be sued for the same,
The claims IL the plaintiff and the defense
set up by the defendant were next alluded
to In detail, and then the charge declared:
The agreements between the husband of the
plaintiff and DR.. Tantum, to the admission
OF which the defense strongly objected,
were proper evidence for the jury, and the
Jury must consider them. 1t was proper for
the husband and DR.. Tantum to make them.
Under the law the husband is still the head
OF the household, and the labors Of the wife
are simply part of her wifely duties, and
cannot be held as q claim against a land
lord, except by special agreement. In this
case, the charge concluded, the plaintiff has
not produced sufficient evidence to estab-
lish her right to bring q suit in this court
under the law as 1t now exists.
At 1880 O'clock the jury retired for con-
sultatfon.
In the case Of Edward Forrest VS.. Anna
H. Forrest, libel for divorce, on motion of
Mr.. Lore, counsel for respondent, an order
was granted requiring the libelant to pay
the respondent 800 for counsel fees by
January 1st 1886, and thereafter $50 per
month alimony during the tendency Of the
case. Mr.. Hotfecker, counsel for the libel
ant, announced that Charles G.. Rumford,
hua nnnnft,taA fassfN 80
take testimony In the case.
In the case of Joseph d. Billings vs..
Augusta H. Billings, libel for divorce, Mr..
Lore, counsel for respondent, asked for
time to file exceptions to the return Of the
commissioner appointed to take testimony,
which was In favor of an absolute divorce.
The matter was discussed atlength, Mr.. Mac
allister, for the libelant, asking for an order
allowing the libelant the necessary money
out OF property now held by him to pay HIS
costs and expenses In the suit, he being out
OF employment and without funds. The
libelant, he said, prior to leaving for South
America, some years ago, mortgnged the
house for $4,000, giving to his wife all but
$50, which sum he took away with him.
The balance of the money, he said, the re-
spondent squandered on the man with
whom the libelant charges she lived in
adultery. After discussion, Mr.. Lore was
given until Tuesday morning, at 10 o'clock,
to file exceptions.
On the application Of Senator Gray,
counsel for the defendant, the case of Eliza
beth Lynn's administrator vs.. the p, w. Il
D. R. Il. Company, and the three cases of
James and Elizabeth Lynn against the same
corporation, actions for damages growing
out of railroad accidents, were continued
until next term.
e. G.. Bradford, Jr., asked II the court
was ready TO announce Its decision in the
t.s. zf Dali ~. L..
graph Company, through Levi G. Bird, ESQ.,,
for rule on the Delaware d Atlantic Tele-
phone Company to show cause why writ
OF mandamus should not be issued compell-
ing 1t to place telephone instrument in
the office Of the ID. IL o. telegraph office in
this city.
In reply Chief Justice Comegys read the
opinion of majority Of the court, that the
motion in this case ought to prevail and we
therefore order that the rule ne discharged.
In answer to suggestion by Mr.. Bird
Chief Justice Oomegys stated that the tele-
graph company's only remedy would be to
procure charter from the Legislature,
which would give 1t the proper status.
On the application Of Henry O. Conrad,
Esq, the cases OF De Cram, Schmid II Co.,
VS.. Philip Elder and the Western Wheel
Scraper Company VS.. james Mulholland
were referred to referees, to be selected by
the parliamentary.
AT o'clock, when court took recess
The jury in the case of Valentine VS..
Tantum stayed out until o'clock Satur-
day evening, period of nearly eight
hours, and then came into court with the
announcement that it was impossible to
agree upon verdict. The jury was dis
charged and court adjourned until 10
o'clock Monday morning.
At $50 O'Clock, Monday morning, Bailiff
Brinton attempted to open the court
room doors for the purpose of admitting
the waiting crowd that filed the stairways
and corridor. He barely got one door
open when the crowd rushed past despite
his efforts to prevent, and in three minutes
the room was two-thirds filled. By the
time court opened the space allotted to
spectators was crowded, while all the
room within the bar was occupied by the
grand and petit jurors and members of
the bar.
At 10.15 o'clock the court of oyer and
terminer was opened Chief Justice
Comegys and Justices Wootten and
Houston on the bench.
The rolls of the grand, petit and special
jurors were called, and the former were
discharged from any further attendance
OF this term. Joseph A. Kidd of the
petit jury, it was said, had removed from
the State. OF the special jury, Joseph
| @. Lavender and William Morrison were
reported to be ILL., Samuel Lindsey could
not be found, while for William H. Smith,
who also failed to answer, no excuse was
afforded.
Deputy Acknowledgement Biggs moved
| for certiorari from the court of general
| sessions of the cases against Lewis q.
Davis and Theodore Becker, charged
with murder, and Charles Robinson,
colored, charged with rape, to the court
| of oyer and terminer, the indictments
against them having been found by the
grand jury in the general sessions court.
| The request was granted.
| The roll of witnesses was called and
then the State announced itself ready in
the case of State VS.. Lewis e. Davis, in
| dicted for the murder of Policeman
Andrew T. Peterson.
Levi @. Bird, ESQ, of counsel for the
prisoner, said material witness for the
defense, Thomas Turpin, had moved
from the city with his family seyera
weeks ago, and gone to Troy, N. Y.
brother of the prisoner, he said, has gone
to New York, to induce this witness t.
come on and testify, and Mr.. Bird saiG
he would be ready by Thursday. He wal
DESTROYS of trying the case this term. and
in fact, would have to, as another ma
terial witness will leave the State mex
Saturday. MIR. Bird closed by announc
ing that he thought he was ready in til,
Becker case.
Mr.. Biggs said the State was desirou
of proceeding with the case agains
Robinson before trying the Becker case
by reason of the critical condition of tn
prosecuting witness.
Walter Bacon, ESQ.,, who was assigned
by the court to be Robinson's counsel
interposed an objection to the immediat
trial of his client, who, he said, was il
INDECENT circumstances, and wanted nj
order from the court for the payment o
his witnesses. Two witnesses for tn
defense, the prisoners mother and step
father, live in Millington, Md, and b
thought he could have them here b
Thursday.
Mr.. Biggs said they could be hei
Tuesday, and Mr.. Bacon said if possibl
, he would try to have them here then.
The court granted the request of MI
: Bird for continuance of the Davis Gas
until Thursday morning, to which tim
all the witnesses were discharged.
. Then all the prisoners were brougl
into court and arraigned, Becker bein
3 the first called upon to stand up. Il
! listened to the indictment with serior
. attention, and to the usual interrogator
of the clerk replied with firm and pos
! tive not guilty" He looks careworn an
. anxious, but hopeful.
Lewis e. Davis was next arraigned. +
r was tastefully dressed in a new and wei
o fitting suit of dark brown material, wit