Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1886-05-29
THIRD EDITION.
Thia Niorning's Court.


minor business, Mr.. Bird, who still had
forty-seyeu minutes of the time allowed
him, resumed bis argument to the jury.
He commenced By saying that II the
testimony of Mira. Halliday was ac-
oeuted as true, the case must pe decided
BY it, and in proof that it was true he
called attention to the fa3t that the
books for four years previous TO 1897
showed that this stock on hand at tht
commencement of each year did not
exceed $4,000, and why, he asked,
should it be increased az the
commencement of that particui ar year
over $4,000? He compared this IN
ventory given to George W. PIerson, by
the plaintiff, in his own handwriting,
which sho I'd that the value OF tine
stock on hand In February, 1852, was
less than Sc 600, with the inventory
given by him TO the adjueters, which
made the stock on hand, Janusry / OF
that same year, a. nearly SIT. 600, and
he asked the Jury TO reconcile them II
they could. He claimed that If the
Pierson building had been packed full
of goods it would not have been possi-
BILE TO have had more than IS geo worth
in the place, and he contended that II
had been clearly shown by the evidence
of creditable WITNESSES that goods had
been hauled every day for a week 10 the
Huntsberger Building
Mr., Birds time expired at IO.l2
O'Clock, and promptly at that minute
the Court raped Tor him &c quit, and
be CLOSED by asking the jury for yer
dict for the defendant.
Mr.. Nieids commenced his argument
at once, and said that last evening Mir.
Bird had spoken tifty.seven minutes, OF
which time he devoted fifty minutes 20
abusing him and seven minutes TO the
case. He had been asked why he sub
mitted to this abuse, and he auswereh
by relating the story of great big man
who married a little bit Of woman,
and every time che sot mad she gave
him thrashing. Some enc asked lin
how it was that he, being so big and
strong, permitted her to DO it, when be
repiied that it plsased her and didn I
do him any harm, and he said that was
the case with Mr. Bird and himself
MT. Nields then arranged a black
board and illustrated to the jury how
it was that the amount Of stock,
claimed by the plaintiff, WAS on hand
at the time of the FIRE, and that bis
actual loss, at the cost price OF the
stock, was $40, 1871. 05. de called atten.
ton TO the evidence OF the practical
builders who had testified tnAt the
stock IA Piersou's place, just previous
to the fire, was worth from $4,000 t.
ST., GEO.
He defended Allied Pierson from the
attack made BY MIR. BIRD, AID said that
he had cho on TO ridicule the face thai
the Almighty had given this young
man, ard made fun of the name thai
his parents had christened him, bu;
thai, he continued, did not prove his
testimony untrue, neither did 1t make
him unworthy of belief. Alfred Pier
son had told the jury how he had been
employed IN taking the account Of
stcck in Persons building, anu lie had
not bte contradicted.
He called attention to the evidence o
The witnesses tor the plaintiff, aud sajC
that if it could he true, that william
II. Piersou had sch ooied his son Frank
with that innocent face, TO 20 on tn
stand and tell what Le did, and it false
he was man not fit to live with, 0
associate with his feIiov man.
He wished Mr.. Bird stood in bi
place, for he knew if he did, these in
suTance CON panies would be run out O
the country, clear over to Canada an,
for a month to come the very air y oult
have been filed with the words fraud
cheats, swindleTs and other like pIfaar S
Mr.. Nieids claimed that wheE WI
liam and George dissolved partnership
the real estate owned by them Wa pa
at less than cost, and the came scale G
values placed upon the stock ON NAT
at the factory.
Consequently, Tire fguTeH under whic
these companies han offered to settl
did aot represent the true value. SuI
p0se William Il. Person had been give
these foola, would the insurau CO con
pauies have teen justifad In refusing I
pay the ioHs because the goods did NJ
cost Mr.. Pierson anything? Certainl
not, and ct that ie the very arg gunner
that has been used Ia defense Of the,
Companies When the partnership W,
dissolved George W PierHou too
S27 TOO worm OF real ept4te at vaius
ton q SIS, G00, ard Wi liam H. P!ersC
took Sill 100 worth oil stock al valu
tion ol So 900. de claimed that hf
ben shown that ihore were Sl2.
worth vi stock Ia tho place when Il
fire occurred, for which they aAk
these companies TO pay the 50 coo Tia
ing good the loss.
Mr.. Eields closed at 11l7 o'clock al
the jury were Immediately charged
the Chief Justice He commenced
complimentary the jury on being IN
of business and education, and said til
they would be expected 10 render n y,
dict according to the facts, which
had no doubt would meet with popul
approval.
There were q number of counts
this case, but there we're only two tt
the jury had anything to do with. I
first plea, on the part of the de!enda
is that the plaintiff lad tried to deira
and second, that no had act fire TO
building, for the purpose OF defraudi
the defendant. He did not wish
Jury to think that if they renderc
verdict for the defendant, that it nee
sarily implied that he was guilty
arson, as such WAS not the case.
If they believed, according to the {
denee, that he did set fire TO the pls
they would bs justified in giving V
dict for the defendant on that grou
But If, on the other hand, they thou
he did not set fire to his place, but
made false entries in his books for
purpose OF defrauGinR, they could 9
a verdict for the defendant, with
grounds on which they gave 1t.
If they believed, al has been testii
by The plaintiff and his Witnesses, 3
the goods on hand, and destroy cd
the fire, were worth moro than 81. {
the amount OF the CON biued polio
they would have to render q verdict
favor Of the plaintiff for 81, 500,
amount for which he WAS insured
this company, with interest from
time OF the fire up 10 tie date OF
commencement OF this suit.
He warned the jury that in their
liberation they must not he COVER