Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1885-05-28
from no 800 to 1000. His examination

from az, 500 to $4,000. His examination
lasted until the noon recess.
During the morning jury was drawn
and sat in the law library, to make inqui-
sition in the case of DIR. Swithin Chandler
vs.. George w. Spicer, Jr. There was no
defense and a verdict was rendered for
| the full amount claimed, $553.40.
At l O'Clock court took a recess until 3,
with the Stimmell- Brown jury still out.
Superior court reassembled at o'clock
| in the afternoon, when the. case OF
Reybold VS.. the &Aelsware City, Salem and
| Philadelphinr Na4fkatkpn Company was re-
sumed. Mr.. BSybold took the, stand and
for an hour and y half was cross. examined
by Mr.. Spruancs In felation to his services
in prosecuting the steamboat companys
claim against the'government.
Captain Calvin Taggart said he had heen
stakeholder for 20 years and director
for 10 years in the defendant company.
The subject of the claim against the gov
eminent on account OF the steamer Swan
was frequently talked Of, but the board
considered 1t not worth while to spend
either time or money on the matter, the
government having settled with the COM
pany for the use Of the boat some 10 or IL
years prior. Then Anthony Reybold mnde
his proposition to have the claim turned
over to him, which proposition was
considered, and the claim given
him with the understanding that
the company was not to be held liable
for any expense. Afterwards letter was
received from Mr.. Reybold, asking II the
board of directors would adhere to the
arrangement, and 1t was unanimously
decided to do so. Two years ago
later objections were raised In the board
to Mr.. Reybold receiving the money,
by Mr.. Higgins defendants counsel), who
had meanwhile become member, but most
Of the directors then present were In favor
of Mr.. Reybold having what he collected
and still are.
Philip Reybold, son OF the plaintiff, testl-
fled to assisting his father in going over and
arranging the papers necessary to the
prosecution of the claim.
George H. Rue was in Anthony Reybold's
employ from 1860 to 1881, on his farm near
Delaware City. In the fall of 1880 Anthony
Reybold sent him to Barney Reybold with
paper for the latter to sign. Barney Rey-
bold said he would sign the paper the first
time he went before a notary. Witness left
the paper and went two or three times after
it, and finally Barney Reybold said he had
changed his mind and would not sign the
paper, but II Anthony would send either
James B. Henry. William Clark or George
Y. Tybout to him he would say on what
terms he would sign the paper. The two
brothers, Anthony and Barney, were not on
speaking terms ut that time. 1.-THE paper
mentioned by witness was an order from
the steamboat company authorizing An
thony Reybold to receive the claim being
collected from the governmental
James b. Henry called on Barney Reybold
at Anthony Reynolds request, and Barney
said II Anthony would apply the money he
was to receive to the payment OF some
bonds or notes in the New Castle Bank on
which he QBarney) was security, he would
sign the paper, as president OF the steam
ANtb Inn
to sign. AT second visit, when he asked
Barney II he would sign II his condition was
complied with, Barney said he would have
nothing more to do with it.
At 5.55 o'clock the jury was discharged
until 10 o'clock Wednesday morning.
During the afternoon inquisitions were
taken in the law library as follow:
Herman NJ. Myers VS.. Charles Shearer's
administrator; verdict for plaintiff for
$S1 "a.
Rice Il Mote vs.. Moses Gebhart; verdict
for plaintiff for Sl31.31.
When the session closed, few minutes
before O'Clock, the jury In the case OF
Stimmel vs. Brown was still out. The jury
remained out until 10 O'Clock at might, when
an agreement was reached on a verdict for
the plaintiff for @2UU and costs. The judges
were at the Opera House and Judge
WOotten went up and received the verdict.
Court met at 10 o'clock yesterday morr-
iib, tlltl JuSllcs lOHltSlS anu 'uuBes
Nuotten and Houston on the bench. The
'aSe of Anthony Reybold VS.. the Delaware
iiy, Salem Il Philadelphia Steamboat
Navigation Company was resumed.
George II. Rue was recalled and asked to
testify to the character and contents OF the
paper he took from Anthony Reybold to
Barney Reybold, for the latter's signature,
but defendants counsel objected and u dis
cussion ensued, LASTING over an hour. The
objection was sustained by the court, on the
ground that the contents of u written in
strument could not be established by oral
testimony.
Thomas p. Hilyard, who was secretary of
the defendant company, testified to the
authority being given by the directors to
Anthony Reybold TO collect the claim
against the government and keep the pro-
ceeds for his own use.
George +. Rue was recalled, and said that
in one OF his conversations with Barney
Reybold the latter said he hoped Anthony
Reybold would be able TO collect the Swan
claim, as 1t would help to put him on his
feet.
After Offering some documentary evidence
pertaining to the official list Of the directors
and stockholders of the company, the
plaintiff rested. The defense at once moved
for non-suit, Mr.. Higgins presenting the
motion to the court, on the ground that the
plaintiff had established no right to the
money received by the defendant company
on the steamer Swan cluim or the compen-
sation for services in recovering said claim.
Mr.. Higgins continued his argument until
| o'clock, when court took recess until
ID. m.