Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1886-12-09
sUPERIok COURT.

Forensic Eioqueuee-synopsis OF the
Arguments OF Hon. Charles b. Lore
and Levi o. Bird. ESQ, In the Case OF
MRS. Hogg VS.. the Executors of Mrs.
Lobb-The Kent Case Resumed.
Yesterday afternoons session of Supe
rtof Court convened at 8 O'Clock. with
the Chief Justice and Associate Jud ges
Wootten and Houston present. Mr.. Bi. d
commenced the summing up for the
platntin In the case OF Mary q Hogg
vs.. John morrison, the executor OF
Elizabeth w. Lobb. by submitting o
numDer OF law points to the court, after
which he addressed himself to the Jury.
AFTER speaking nine minutes he took
his seat, and was followed by Mr.. Lore,
who contended that the nursing WAS
done IS part OF the duty which the
plaintiff owed TO Mrs. LObb as her
ledger or bosrder, and that therefore
she was not entitled to recover more
than her board, which, it was admit
ted. has been paid. He also con tend, d
that IL the plaintiff was entitled to re-
cover anything, it conld not be for q
Igreater period than three years, aad
asked the court TO charge ths jury on
these points.
Upon addressing the Jury he said
that this had impressed itself upon his
mind as a wonderfully we'll worked up
case on the part Of the plaintiff. He
hen proceeded to review tie testimony
OF the plaintiffs witnesses, and said
that they did not agree in their state-
ments concerning the condition of Mrs.
Lobo, rs while some said she was con-
| dned to her bed the greater part of the
last Ave years of her life, others, who
were also frequently In the house, said
she was only confined TO her bed q few
weeks He said that DIR. Kitteng 81
was a very intelligent and fair witness,
but even he admitted that he had only
made her one hundred and fifty three
Visits in five years, and If forty Of those
were deducted tor her last fitness, II
would leave about one visit for every
two or three weeks. He commented
severely on the fact that Mrs. Lobb had
been placed In the third etory Of the
house, and obliged to come up and
down stairs, IL she was the poor, sick
helpless old woman that they have re.
ipresented her TO be. II the facts as
claimed BY the plaintiff are true, Mrs.
Hogg Is a most marvellous woman.
IL had been ehown that she kept
bonrders and done her own housew wcrk,
and yet 1t is claimed this old woman
was such o care on her and required 90
much attention a. her hands that she
took up all her time. In regard to the
Iclaim Itself he said 1t had bsen shown
n that Mrs Lobb was woman Of benev
olsnt disposition, and one who paid
ievery claim against her, and oonse
tquently If she had thought one mo-
ment that Mrs. Hogg had not been fully
paid for ali she had done, she would
have changed her will 80 that she would
be paid every cent due her. He also
called attention to the fact that during
the entire FIVE years not one word wa,
ever said to Mrs. Lobb by Mrs. Hoag Of
any Of her family that they ever ex
pected single cent for nursing her, OF
that any claim would ever be made
When he concluded ut AIS o'clock Mr.
Bird commenced his closing argumen
by submitting to the court severa
, ipoints of law In reference to the provi
sicns of tie married woman's act OF
/ which question was raised ct the com
, mencement of the case.
He commenced his argument to tn,
Ijury At 4 rs o'clock by saying that b.
was not surprised that the Learned
counsel on the other side wanted t,
lsubmit the case to the Jury withou
targument, as he had no doubt that tn
I quicker he got rid of 1t the better h,
. would feel. He asked the jury wha
+ they would have been willing to hav,
their wives do this work, that Mrs
Hogg had done, for? sp d said this W II
he might loee this case, he would los
it with the knowledge that this commu
Unity now knew what Mrs. Hogg hst
= done for this woman, and how ehe hat
! baen Treated by her relatives. He com
3 pented severely On the action of Mrs
! / 1bb's sisters in not nursing her them
etsslves, or even assisting TO wash an;
lay her out after her death, but on tn,
cont-ary left this work for strangers &,
lido. He said that n kettle drum ooult
not have brought them when wanted
!, but that now they are ali on han
4 ready to grasp the little estate whic
she has left behind her.
BE called the attention OF the jury
! the fact that every witness called by tn
ldefense, except three, were interestet
in this case as they were heirs to tb
INIslx thousand dollars left by this oil
woman. He wished he could brin
Z that old woman from her grave and 81
NJ her in the court room, so that she coul
aea this line of her relatives marchiD
up In solid pha anx to that witnes
10 stand to testify TO state of things the
i would increase their share of the estai
by keeping this woman ont OF her ia,
lciaim for the five years OF faithfr
: nursing and attention which she ha
Igiven her. He thought the testimon
of the doctors was sufficient to establis
the justice of this claim, but ii IL
ljury choose they could throw that OF
and take the evidence of the defendant
witnesses, who had testified to b,
erippled, helpless condition, and to til
offensive nature Of her disease. 1t ha
been shown that during the entire tin
Mrs. Lobb was with Mrs. Hogg b,
70 relatives bad not done hands turn fl
q her, and they should be ashamed no
q to come aud try to take her estats frol
Is the one who did attend to her.
he closed by stating that his clail
was for 81 ,562, with interest for tw
years, making q total of 81, $50 48, an
that he would not be satisfied with or
scent less than The full amount. Whe
The concluded, the Chief Justice az Ike
1.-The jury If they would prefer havin
the charge deferred until morning, an
!upon their anBwsripg & in the affi rmati'
they were discharged until 10 o'cloc
this morning.
The Jury IN the case of Kent vs. Il
Mayor and Council OF Wilmington WI
then called, when City Solicitor Turn
stated to the court that as it was b
Impression that there would be nigl
n se, sion, his witnesses were not presen
II THE Chief Justice said that he shOu
he have said something about this soone
re and that court, after hearing cases 6
in day, did not feel like or intend to con
ss back at night. He then ordered q
case to be proceeded with. and Walt
tBaoon, Esq, who has been associate
with Mr. Turner foI the defense, mat
ttha o,an; ;,n, n - Iurno M IN the iurv