Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1886-12-16

completed Mr.. Yandegriit said he would
accept the verdict without the judgment
for $18 80.
City Solicitor Turner filed his rcaHons
for new trill in the case Of the Nj tional
Dredging Company vs.. the Mayor and
Council OF Wilmington, His first reason
set Out ie evidence 10 itt,il, and asked
that the ytr.iict be set asidesas heine
against the overwhelming weight of evi
dence iu the case. Second, th,,t the yer-
dict was against all the evidence in the
case. Third, that by reason Of the failure
of the court to charge the jury as re-
quested by defendants counsel, the jury
were not sufficiently instructed in the
law. The other reasons were that the
verdict was against both the law and the
evidence.
The court announced that decision
would be made NJ the February term.
Court then adjourned until 10 O'Clock
Friday morning.
At Friday mornings session of superior
court, argument was heard on a writ of
habeas corpus, for the discharge from
prison of Francis Mccoy, alias ''Big
Frank, " the bank burglar, now completing
q term OF 10 years imprisonment in the
county Jail. BY agreement II was decided
necessary to have the prisoner i'll court
during the argument.
Alexander B. Cooper, Esq, argued for
the prisoners release. He cited cases
where the time set for the execution of,
or iDfiction of corporal punishment
upon prisoners had passed by, and the
court subsequently determined that the
punishment could not afterwards be in
fiicted. He held that il was not manda.
tor upon the court, in pronouncing SEN
tence Of imprisonment, to fix the ,late of
beginning and ending, but the court, hav-
ing announced, in imposing this sentence,
that the term of imprisonment would ex.
pire on December 9th, 1883, the r lsoner
could not lawfully be detained af'er this
date, despite the fact that by e.-on OF
escaping from Jail he had not he we'd 10
years within the prison walls. Nll this
point Mr.. Cooper cited nulnerous
authorities in support thereof. lie also
discussed at length the opinion rendered
by Judge Grubb, when the application
was made to him during vacation and
refused, and held that it was not con-
elusive and did bear with full force upon
the statutes referring to the case. Mr..
Cooper also contended that in this State
prisoners had escaped during their term
and been reoaptured during their term,
but when it expired they were discharged
without serving the period corresponding
with that during which they were at large.
He held that the prisoner was being
illegally detained, aud that the State
would hardly desire to hold him for the
non payment of the fine imposed as
part of his sentence.
Deputy Attorney General Biggs op-
posed the motion for the prisoners dis
charge. He spoke for an hour, support
ing his position by authorities, and held
that the prisoner must serve out his full
term of 10 years.
At the conclusion Of the argument the
court took the matter under advisemsnt.
The case of O. B. Rhoads, Mills q
Combs, James Morrow d Son and John
b. Stiegler vs.. Jethro J. McCullough's
executors, garnishees of the Wesleyan
Female College, were next considered.
Walter Cummins and Hon. George Gray
for plaintiffs and Anthony Higgins and
j. Fl. Hoffecker, Jr., Esqs., for defen-
dants. In 1879 the plaintiffs obtained
Judgment for their claims. The will Of
the late Jethro ]. Mccullough gave
$4,000 TO his wife during her life
time, and provided that at her death
$5, 600 of this sum ehould go to
the college. Mra. Mccullough died in
january, 1885, whereupon attachments
were laid against the SIS, 900 in the hands
of the executors. Afterwards the charter
ot the college was revoked. The question
was whether the attachments could hold
after the expiration of the institutions
legal existence and the liability of the ex-
ecutors under the circumstances. In
stead of arguing the cases it was arranged
that counsel should provide printed
briefs to tho court and decisions be rem
dered at the next term.
At 1890 o'clock court adjourned until
the February term.
THE LIST OF LICENSES GRANTED.
Below is list Of the persons whose ap-
plications for license for the sale of liquor
were favordbly acted upon at the term Of
court just closed
Wilmington-El Elizabeth Manz, John May,
William Mailer, Ellen McVey, William I.
McClane, Patrick Magartty, John M. Null
rooney, Mary Plunkett. Parker q Mason,
Philip @. plunkett, Frank r. Smith, drug
gIst; Harry Schuler, Jos. Sell, Elan Page,
Henry e. Pusey, Alexander McGowan,
Patrick Mulrooney, james 0'Neill, Michael
Walsh, William g. Robelen, Johanna s.,
Young, b. r. Veasey, druggist; Charles
Reynolds, Louis Winkler, Andrew Wilhelm,
Joshua Pyle, Christopher Pufahl, james F,
Mcguire, James McGrath, Thomas McHugh,
Samuel Mccormick, Hasson & Kane, James
s. Heal, Gustave Kolck, James A. Kelly,
Annie E. Kyne, William Kaiser, Harry
Kienle. Michael Kane, Patrick Haggerty,
Joseph Lacy, John @. Lavery, Joseph
Fullner, George W. drifith, Ben.
jamin G. Gam, John G. Hartman,
John NJ. Harvey, druggist; James T. Elan
agan, John Fehrenbach, Catherine j. Ford,
Eberhard P. Freye, Joseph Eggner, N. B.
Bernard Farren, Mary Duffy, Peter
Elmer, Frank B. Elkinton, Michael
| j. Clancy, Thomas Donohoe Caroline
Kllngler, Bridget Lally, Susan D. Dandy,
John @. Adams, Lawrence Curran, William
H. Carroll, Brennan d McAlanus, William
Alsentzer, John Craven, Philip Ambold,
Margaret ]. Brady, Bernard Bonner, Mar
garet Burke, Henry Blouth, Joseph A. Bau-
mann, william II. Brady, a. James Belt,
druggist; Emile Bucher, II. r. Bringhurst,
druggist; John J. Kennedy, Patrick Dough-
erty, Daniel Dougherty, Thomas Farmar,
William J. Haggerty, Theodore Bierman;
New Castle-James D. Toman, Frank H.
Pinkerton, Martin Leonard, Hugh O. Smith,
David Boulden.
Rising sun Dennis Dougherty.
Hockessln--Mary A. Creeden.
Christiana-W William B, Currinder.
Newark-Willam +. Griffith.
Delaware City William Morris, Michael
Mnllgan. Sarah T.. Bradway,
NEUTRALITY-SUSPICIOUS. Il Sparks.
Odessa Charles W. Floyd.
Parry's Hotel, Brandy1ine ehundred-Wtl-
liam Hewes.
Total, 100. Eighteen applications were
refused and no new licenses were granted.
TEACHERS INSTITUTES.
Dates for tho Annual Sessions in the
Three OOunttes-
I. N. Williams, State superintendent of
rnhlic snhnnla ia Arranging for the an