Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1885-05-22
superior Court
THE END OF THE DIEFENDORF
vs.:JOHNP. WALES CAsE-THE
JURY FAIL TO AGREE.
COMPROMISE EFFECTED.

When the Superior court resumed
proceedings at 8 o'clock yesterday after
noon, all the Judges were present, and
Immediately after the opening Jere-
miah Williams, colored, who was found
guilty, last week, of the larceny of sew
eral pipes, six collar buttons and a
quantity of segars from Martha Harner,
was brought in Court and sentenced to
| pay the costs of prosecution, 81. 80 resti-
tuition money, be imprisoned three
months, and on Saturday next be whip.
ped with 10 lashes.
The case of John W. Diefendorf, vs.
John p. Wales, was resumed and Mr..
Bird concluded his argument. He was
followed by Mr.. Macallister for the
| plaintiff, after which the jury was
charged by the Chief Justice, and re-
tired at 4. so o'clock.
B. jury was drawn, and the case of
Martha q. Stimmel, vs.. Samuel Brown,
was taken up for trial, with Benjamin
Nields, Esq, for the plaintiff and
George Gray, Esq, for the defendant.
This Is suit to recover damages, and
as stated by Mr.. Nields in his opening,
is as follows (: In October. 1882, Mrs.
Stimmel owned a house on Jefferson
sire ct between Eighth and Ninth streets,
that stood on land four feet above the
level of the street. 1t was set back
some 12or ID feet from the building
I line, with stone wall in front, and
steps. On the north side there was a
space of feet between the house and
bu ilding line, which she used for an
alley. In the fall Of 1882 James Brown
became the owner of lot on the north
side, adjoining the property of the
plaintiff, and proceeded to make exca-
vatlOns for the purpose of building.
He also wished to make an alley along
side of the plaintiffs, and for that pur-
pose had the soil dug down four feet.
This excavation being Immediately
alongside Of the plaintiffs line, it caused
her fence to fall down, after which the
alleyway caved in, thereby causing
her property to depreciate in value, and
become In such condition thar she
was obliged to remove. When the de-
| fendant was engaged in making the So
Excavations, she warned him to des,st,
but he paid no atten tion TO her. The
| alleyway continued in this condition
until the spring of 1883, when the de-
fendant erected an insecure flinsy
fence, which still remains there.
| Martha Stimmel was sworn, and tes-
titled that she is the owner of the
property at No. 800 Jefferson street.
When Mr.. Brown dug dowr alongside
OF the witness fence he undermined
1t, and caused 1t to fall down, and also
the alley with the pavement. In the
spring of 1883, the defendant came in
her yard and partly fixed the bricks in
the alley, but in her opinion his action
had deprecated the rental value of her
property at least $75 per year.
Mrs. Stimmell was cross examined at
I length by Mr.. Gray, but no new facts
different from her direct testimony were
brought out.
Frederic ii. Robinson was sworn, and
testified that he is the Chief Engineer
and Surveyor of this city that he was
piled upon to examine the property
Of the plaintiff, and found the fence
! spoken of from one to five inches out
F, of line
Shortly before q o'clock, the Jury in
| the Diefendorf case came IN Court, and
stated that they could not agree, and as
IL was learned that comprom Use had
been effected between the opposing
counsel in the case, they were discharg-
ed, and at s, So o'clock, Court adjourned
until 10 O'Clock this NOR ing.
Free Concert.
just after IL representative of the RE.
PUBLICAN. who resides near Third and
Harrison streets, had consigned him
self to the arms of Morpheus last even
ing, he was suddenly awakened, and
thought, for the time being, that he
was suddenl y transported TO fairy land.
In few minutes his scattered senses
assumed their normal position. We
listened. Sounds of melodious voices
were borne on the evening air, and we
were treated to AZ fine o vocal concert
as II we had gone to Philadelpbia ia and
paid dollar to listen to those who do
nothing else but sing. We could not
resist the temptation to hoist our win
dow, and for full hour we drank in
the meiodious strains which were
waited, and which came from q neigh
boris house, who had assembled some
friends and passed a pleasant evening
in singing sacred songs. Finally we
retired and sank into a sweet slumber
whilst the singing was still in progress,
we certainly must return our thanks
for this concert, which was enjoyed as
much by our better half and two little
olive branches as it was by our humble
self.