Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1886-12-01
FIFTH EDITION
ans mornings Coor,

T.I SumckyB And A.
sooses Wootten and Houstour Assoc
tne bench when Court ops. were
O'CLOCK this morning. IA p sod
names Of the Jurors ws,a soon as
case OF the National Dr NO called
Pany vs. the Mayor ana EEhg
wilmington was again to- oourcIl
| with. """osses proceed
Henry O. Conrad. Eso
and testified that in 1882 ana "" 'Ss W
president OF City Council. III. o. as
correborated that Of M G n,s eVids
the exception that he aid nc,
OF any meeting OF Connect iecOl
pany. W the
Robert O. Frai,n was rec,,,.,
objection was raised to tha oui ou
asked by Mr.. Turner, he was , qnes;
70 leave the stand, ""' pefntt
Franklin B. Cotton va. ,eo.r
stated that there had M, td
Iauit found with their work ', sna
when Mr.. Turner called on h,S sae
erence to the claim, he s,id i -, 70
ought 70 Dc paid. va
| The plaintiff rested with tit.
ana Mr.. Turner opened 10 tbs WI, wa
the defense He said that he JaIy
to show that the teasou hi. ma eipec
not paid was because the com,
ceased work before the tenn u'I y
contract were compiled win y.
iegeo that the city is ard alv,,'
peen ready TO pay this money WIZ.
company finishes the work ooo aS
70 their contract. He then com 49, ,".e
the examination OF witnessed '''o
Robert @. Frsim was cailsd T..
defense, and testified that he xo ~,
OF Council from June, 1882 unGf ~
1884, and that during that timsbS
peeh eosent at one meeting. A,
request OF Mr.. Turner he oxamttaS
minutes for 1883, and said tb.,
ing of Counoil was held on NJ
10th OF that year, at Cbristisna sy-
and Commerce street, TO copdis,
petition OF James Bradford fer ns,,
sion to lay tracks on Commerrs =,
TO his glass works, and that vas
only business transacted al tb.t =,
ing. ''
That was the only special ma.
held during that month, az d durj,
month OF December there was bpi
special meeting held, aud that xu
SIMPLIFY street wharf. The vii,
read from tbs minutes OF July B h
that the petition OF the Dredging e.
pany for an extension OF lima
granted on that date, and a fnrths
tension allowed Decem Der q, ls82
October IL, 1883, the minutes sbny
thata bill for So, AS was received 4,
the Dredging Company which WA
ferred 10 the Opening Streets Comm
tee, who reported on November
against pay Ing the bill, on the rro,
mat the work Was not completed
cording TO contract.
Tbs Dredging Company afterwst
sent communication 10 Council on
Ing TO make a rebate OF $500. II n
were allowed to leave the work IN
condition In which Is then WAS II
WAS referred to the Opening Streets "a
mittoe, and on November %, they
ported adversely on Accepting the Of
and In favor Of paying the full anou
when the work was com pleted accord
TO the terms Of the contract
John M. Newell testified that he
ember Of City Council, and was
member In 1883. He recolleC.ed Of
meeting ofthe Opening Streets Comm
tee, OF which Mr.. Garrett was at
time chairman, being held on the riV
bank TO view the work done by the n
tional Dredging Company and cousid
their offer to make q rebate Of sI
This offsr Was not accepted, and d
committee reported In favor OF Isyil
the bill when the work was done.
far as the witness knew there was new
any promise made TO pay this bill uni
the terms of the contrsct should
complied with by the Dredging Coz
pany.
Thomas johnson testified that be VI
o mem Der OF Council from the Til
ward In 1882 and '83, and was q men
Der OF the Street and Opening Stree
Comm ittees. He recollected comm
tee meeting which was held on
river bank In November or Decembd
1883, TO inspect the work done by
company. 1t was not meeting
Council, and he never knew CT a UCu
Gil meeting being held at that place
Daniel X. Smith testified that be "
q mem Der Of Council from the Mn
ward in 1893, and attended the meeiil
of the Opening Streets Commit
South Wilmington; 1t was not me-
ing of Council, but q committee ms
trg.
James Murray testified that be wad
mem Der of Council in 1888 and SUI
. membe OF that body. He zorro
rated the testimony Of the piecedl
witnesses and was positive that
N Getting held 10 inspect the work W
by the company was o committee mt
ing and not q Council meeting.
Chief Engineer Robinson was press
ct the meeting. "a :.
Joshua q. Gutenberg testified !,
he was . member OF City Councl
1888, and . member OF the OPEN
Streets COMMITTEE, but did LOT AUG
the meeting held In South Wilnins
He signed the report rejecting lno Vi
of the Dredging Company TO accep'
rebate of 5000 and clear them OF w
contract. He signed this report ~
tation of the members Oh
com mittee who were present ~
an, ;.
Frederic II. Robinson testified !.
he ia the Chief Engineer and Survey
OF this city. He had no reoollt o oliUu
q meeting OF the UpoI
Streets Com 10 ittee In south WIZ
ton In October, as testified 70 py
Murray. He gave q certifcate u
gard 10 the work done by the COMP
on Fourth street, but never Rsvss
ti6cate that the work was eomploW,as
City Auditor j. Frank Ball Iess
that he acted as clerk at the mees, n,s,
Council which was held on Gom a,
street, and that NO other business
except taking actlon :"
petition of James Bradford: .,,,
Samuel Speakman testified ,o sl"
was a mem Der OF Council In looo,
Of the Open ing Streets Comn, Nv
He attended the meeting OF lpo "
mittee to inspect the VOTE I
Dredeing Company and hEps
report Of the committee reJeo.lns
offer OF the company, and In is' ~
for the work when 1t was ~
pleted. This was the last n
Dallod by the defense. ano ~ Will
o'clock Court took q recess uD''