Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1886-05-20
auPrRroa canRr.
Opening Scssion-The Trial Liss
Gone Over and a Trial Begun.

James Sewell, oolored, with intent to kill,
came into court after o'clock yesterday
afternoon week with verdict Of guilty.
Dixon was sentenced to pay fine OF $500
and costs, stand one hour In the pillory
and be imprisoned two years. This end
ing the criminal business court adjourned
until last Monday morning, when the
superior term opened.
Superior court met ut 10 o'clock Mon
day morning, Chief Justice Comegys and
Judges Houston and Wootten on the
bench. AS usual on opening days of this
court there was full attendance of
attorneys.
The trial list was called by Prothono-
tary Maxwell, and of the 80 cases thereon,
80 cases were marked for trial, tho bal
ance being either continued, referred, or
announced as having been settled.
The first jury trial was that Of Caleb
H. Bradley VS.. Benjamin Kent's executor.
Anthony Higgins and George Ii. Bates,
Esqs., for the plaintiff and Benjamin
Nields, ESD, for the defendant. This is
an action brought by Bradley to recover
the board of benjamin Kent and wife.
The plaintiff was married TO the daughter
OF Mr.. and Mrs. Kent and subsequent to
the marriage, boarded them, they agree
ing to pay specified sum for their board.
Benjamin Kent died in 1881 and his wife
in 1889, and the suit is brought against
Henry Is. Kent executor of Benjamin Kent.
Mr.. Higgins, opening for the plaintiff,
stated that Benjamin Kent and wife
boarded with their son-in-law, Caleb IL.
Bradley, from August, 1878, until his
death IN 1881. His estate, according TO
the return of his executor, Henry s. Kent,
amounted to $6,004.65, and after oil ex-
penses were paid there remaineda balance
of $4,996.59. The amount charged for
board was "a per week each for Mr.. Kent
and his wife.
Anna q. White was first called. She il
daughter of Mr.. Bradley by his first
marriage. She said Benjamin Kent and
his wife came to her fathers house, in
Coafesville, Pa. directly ter March Dist,
1877. They remained until about three
weeks after the death of her step-mothel
Mr.. and Mrs. Kent's daughter-whioh
occurred on July 10th, 1879. During this
time they made Mr.. Bradley's house theii
home only leaving for occasional brief
visits. During their stay at Mr.. Bradley't
house they were furnished with all accom-.
modations, and made his home their home
in every sense of the word. MIR. Kent
once told the witness that he was sorry he
could not pay Mr.. Bradley for his kind
services, and hoped his sons would recon.
pense him at the proper time.
The witness identified as the hand.
writing Of Benjamin Kent, paper stat
ing that 'tsince our (Benjamin Kent and
wife) residence with Caleb S. Bradley and
wife, we have paid them nothing. They
are willing to wait, and we hope to pay
them, but if we are not able TO pay them
in our lifetime, we are willing that they
should be paid out of our estate, if any
there be, with interest. The paper wat
dated September 9th, 1878, signed by
Benjamin Kent, and witnessed by Moses
Rambo of Coatesville. Mr.. Ramlo iden.
tilted his signature. Mrs. White also
testified that Mr.. and Mrs. Kent were fur.
nished with good board, lodging, washing
and stable accommodations for then
horse.
On cross examination the witness said
that for the last year of her life Mrs
Bradley was very frail, and that during
that time her mother, Mrs. Kent, was hel
almost constant nurse.
At 1880 O'Clock court took recess
until 8 O'Clock, p. IN.
Court reconvened at 3 o'clock in the
afternoon and the case of Culeb IL
Bradley VS.. Benjamin Kent's executors
was continued. The will of Benjamin
Kent, executed in October, 1871, was of
fered in evidence and read to the jury
The probate was objected to and ruled
out. b. Lundy Kent was affirmed. Hi
testified that he was son of Benjamin
Kent. That at conference among hi
brothers they had concluded to pay Mr.
Bradley's claim; and he had written Mr.
Bradley to that effect, inviting him Il
make out his bill. Mr.. Bradley did 80
Mrs. White was recalled and testified
that it was only two months previous Il
Mrs. Bradley's death that she required til,
services of nurse.
Caleb II. Bradley was affirmed ant
testified that his wife did not require I
nurse until few months before her death
The plaintiff rested at this point.
Mr.. Nields, for the defendant, movet
for nonsuit. He held that the bill wa
outlawed by the statute of limitations
Without waiting for the conclusion of hi
argument the court discharged the jur,
Tuesday morning at 10 O'Clock.
Andrew e. Sanborn, Esq, read affida
Wits from Lydia r.. Rothwell and W
Washington Rothwell in the matter o
Martha q. Reynolds VS.. Lydia r. Roth
we'll. The affidavits recited that for tW
years, from 1883 to 1885, Mrs. Rothwel
Of APPOINTMENTS hundred, had boarde
with her daughter, Mrs. Reynolds, no,
deceased. That q change had been mad
for board, which was all correct, but tina
certain credits should have been mad
which would reduce the amount now du
nearly one-half. The accountas made u
and secured by bond and warrant,
$1,105. The petitioner Mrs. Rotl
welD was prevailed upon to sig
tho bond and warrant upon the assuranc
that it was all right, without having es
amined the account. 1t was afterward
found that credits for payments made i
checks to the amount of $528.49 ha
been omitted from the account. TIL
petitioner therefore prayed that the judg
ment bond may e.opened and the pet
toner let in to jury trial on the bon
in order that the correct amount of il
debtedness may be obtained, and this
execution of this Judgment may be stayed
Mr. Sanborn then moved for rule
show cause why that judgment should nj
be opened. The court granted the rul
returnable on Friday next.
After the opening of the superior cou
at 10 o'clock Tuesday morning, the motto
of the defence in the case of Bradley v
Benjamin Kent's executor, for u nonsui
was denied.
Mr.. Nields then opened the case for Il
defence. In his address to the Jury
said that Benjamin Kent and wife lived {
their farm near KNOXVILLE, Pa, and beir
advanced in years were solicited by the
children to give up the farm and liz
with them. Finally, at the earne
request of Mrs. Bradley, their on
daughter, they went to live with Caleb
Bradley at Coatesville. They were q
sured, from time to time, that no pa
ment for board was expected
them, and Mrs. Kent was occupi'
in waiting upon her daughter, Mrs. Bra
ley, who was IN invalid. 1t was not UNI
BENJAMIN Kent's estate was about to
settled that the existence of Caleb Bra
ley's claim was known. The sons of NJ
Kent were willing to pay, on their oy
account, for their fathers board, but we
unwilling that the estate should be charg
for Mr.. Bradley's claim, as there we
minor children represented, whose int
ests they felt should be respected.
Mrs. Patience W. Kent, wife of Hen
Kent, executor of Benjamin Kent, W
called, but tine plaintiffs objected, as 3
was the wife of the defendant in the ca.
Mr.. Nields claimed that as Henry Ke
was sued only in his fiduciary characi
as trustee, and not personally, the re
tions between husband and wife could L
be held to apply in this case. The obj
tion of the plaintiff was sustained q