Daily Republican., 1885-05-23
F IF 7 \ ED|7I01
Sl1ll on TriaI

Chief Justice Co,ne,vso,
Justices Wootten and HousionA ASSOC
present when Superior Cnur, 'n were
ell at 10 O'Clock this rnornins r''coOV
Immediately after the one.
Bradford, E.q., attorney ta r0ulns'
T rei on the application BY th De y ri
Ielegraph Company for a rr Ie D.
PEI the delaware 4 Atlantic y. "c1
u Telephone Company 10 dresr
why writ of mandamus st anpw y
issued against them. annonn ou'u MOI
Court that he had agreed viii V M !"
70 nave the rule made returnata
saturday, instead OF TO- day wi,s
70 hle motions against i, A; ,,'s ', ~
Errors and Appeals IN ,ynne 0oul
Inc trial OF the case of MAJ,
Stimmel, VS.. Samuel Brown waa
proceeded with, and the exam; IVA"
witnesses for the defense con1i""NS
Washington Cox was reca 1uru'
testified that before Mr.. Rrnwo
the excavations he could have
Mrs. Stimmei's house at so new &C &c
aud that afterwards lie conla ban n'
it Mt SIS per month. ""'e
james Clark testified IA n,
that 1t was always the custom ~
sons having ground above tAe ,ar
construct Il wall to keep it Up, al n
Town expense.
| George Cochran was sworn an,
lied that he has been engaged in g,,1
and building operations Tor ma
yeais, and always found i, cpsiouj
for person on nigh ground Ia k's
Iup themselves. AT one time ba nn
, a lot, which ha graded t. the jeys
the street, when the bank Of ,besJ;Y
ing property caved in, and lie rns
the owner to have IL attended IN
told the witness that he knew !,
, his duty to have wall bul.t. bg.,I
had not the time to attend 70 A ns
ness could have it done, and ,srJ
, bill to him. U
Il Thomas Ford and seyeIa, oA,,
, nesses were recalled 10 p,oye cn,,N
but their evidence was 10, ma,eIy
, different from that given YESTERDAY
IL Harlan Cause was called Nv
. Neilds IL rebuttal, and testified III,
I far as he knew il lad always bqen|
4 custom for the person making lhs
q lcavations to construct a wal, but n
lseemed TO be difference D. opiDio1
reference to the matter.
A pun5er of other witnesses vtrl
z aminod in rebn,ta!; some Of whom
Titled that tee Khew oilo custom
!, the matter, while Others said it wa,
i several instances that had cane MI
their observation, the custom for
person making an excavation 10 y
the wall.
The examination Of witnesses
y concluded at | .55 O'Clock, aud the
:. was discharged until 10 o'1.ock
~ day morning.
~ James Bonner and Patrick Dough
!. lty natives of Ireland, after being
y perly qualified and having made
- necessary affidavits, were declared
kzens OF the United States.
IL Ldlburn Chandler, Esq, made az
cation for a rule to set aside theSheI
sale of the property OF Henry Carl
.ituated on Sixth street rear Wal
l. This property WAS sold by the 81
y, on April 2s, to Rachel a Borllty,
a 1896. The application was made Of
u ground that the rrice was lnsuiic
William NJ. Kennard testified
l. he knows of this property, and
B. in his Opinion it is worth from sd
T. 81, 900, and that he had sold some
10 perty ON Walnut street near ~
which was not as good as this, for d
cash. l.. g. Vandegrist, Esq, for
purchaser, asked the witness il he
rs not think the beer saloon Oh toe cOl
in OF Sixth and Walnut, deprecated
ID value of the property, and be said
y ibid not. "A
o After several other witnesses testi1
10 the Court expressed El.llngness|
&c hear witnesses on the validity oil
Judgments, under whica the pEOpd
was sold. At l 30 O'Clock Court
iourned until 10 O'Clock Monday m0
u ling.