Daily Republican., 1886-12-01
END DE THE sPRAGUE CASE.
Tho Jury Render . Verdict That He h
Not Entitled to Receive Benefits From
Oriental Lodge-The Case of The
Dredging Company Against the City.

Oriental Lodge-The Case of The
Dredging Company Against the City.
Court resumed proce edings at 3 o'clock
yesterday afternoon with the Chief JUS
tice and Associate Judges ON the bench.
Immediately after Court reconvened the
jury In the case of spragre VS.. Oriental
Lodge. No. 13, Knights OF Pythias, rem
rendered verdict in favor Of the defend
ant.
A jury was then drawn and the esse of
| the National Dredging Company, VS.. the
Mayor and Council Of Wilmington was
taken up for trial, with Hofiecker & Hof-
fecker for the plaintiff, and City Solicitor
Tdrner for the defendants.
The care was opened for the plaintiff by
III. II. Hoffecker, Jr., Esq, who explained
the ma ter to the jury, and stated what
he intended to prove, after which the ex-
animation of witnesses was commenced.
Frank B. Cotton was F,gorn, and tesa-
fed that he is the vice president of the
National Dredging Company, and that in
1882 he, on behalf of his company, en-
tered into a contract with the Opening
Streets Committee of City Council to
grade street from the Chris;iana to the
Delaware river, and one from the Chris
tiana to g street Tae contract price for
the work was S12, 500, but the company
never received but 81, 500 of this amount.
While the work was being done, Mr..
Adele, who was then chairman of the
lOpening Streets Commi tee, asked them
TO suspend their operati jns. They were
also requested to desist by Lewis Paynter,
who was at the time member of Council.
be said that there was no Use of proceed
ing with the work until the city was able
to build bulk head between the river
bank and low water mark, to hold the
earth back which would be thrown there.
| These requests were made after July,
1882, and the witness had an interview
with Amos A. Ea,tburn, Chairman of
the Street Committee, and Levi Garrett.
Iwho had become chairman of the Open.
ing Streets Committee, but no satisfactory
arrangement was made. The witness
finally sent letter to Council, offering to
made deduction of $445 for suspending
Operations between the bank and low
water mark. After this he was waited
upon personally by Messrs. Blake, East
burn and others, who said that a settle
ment could be arranged If the witness
would throw off 5000. Nothing was done
at the time, and few days later the wit
ness noticed In the papers that Council
had adopted resolution that when the
company completed their contract, the
money would be paid. The work was
afterwards inspected by Council, and the
witness understood that they had agreed
to accept the abatement OF S445, and settle
the balance.
Several members of Council assured
the witness that the money would be ap-
lpropriated, and on this assurance the
. 3.
| meeting of Council he was offered az 500
| for full settlement, which he declined
to accept, as his claim was for 5000, the
amount still due, according to an agree
ment made at a con ference with the Open
| ing Streets Committee. The cost of this
work to the company was S3 3,346.14 but
the witness was willing to make dedue-
ton, rather than enter suit
The witness was crosse Iamined at
length ty City Solicitor Turner, who
handed him the contract between his COM
pany and the city, which the witness ad-
mitted had been duly executed. The con-
tract was then read by Mr.. Turner, and
showed that the price for grading these
streets was S12 ,495, which was to be paid
In monthly installments as the work pro-
gressed. The witness admitted that the
company was prevented completing the
work by July 1st, lS82, by the winter, and
he asked an extension of time until Octo-
Der, which was granted,
| Mr.. Turner produced letter, showing
that MIR. Barker of the Dredging Com
pany, had on December 18th, 1882, asked
for furthur extension of time until July,
| 1883, and the witness admitted that he
wrote letter on November 10th, 1888,
In which he stated that all the work con
tracted for was completed, except the fill
ing between the bank and low water
mark on the Christiana, and that it would
be necessary to build wharf at this
point before the work could be completed
The letter also stated that the company
would make rebate of $500 If this part
OF the work was omitted, but that If the
city should at any time, within the ensu.
ing three years, build this wharf, they
would complete the work for that
amount.
Osborn g. Purdy was sworn, and testi-
he'd that in 1882 and '83 be was superin-
tendent of the National Dredging Com
pany, and recollected when committee
from Council called at the office and
offered to pay the company S2,S00 for al
settlement. At the time Mr. Cotton was
In New York, and the ewitnesstelegraphed
to him.
He went to the meeting of City Coun-
ell on the ensuing Thursday night, and |
saw Messrs, Eastburn, Blake and Adele, |
all OF whom seemed anxious for him to |
accept the offer, and told him that every |
thing was fixed for q settlement.
Levi Garrett was sworE, and testified |
that he was member OF City Council a
part of 1852, and all of 1888. He was
chairman of the Opening Streets Com
mittee, and this work was done under the /
supervision CT that committee. He then /
described the progress of the work up to /
the time the company ceased operations. |
The witness was informed that 1t was |
foolish to complete the work along the |
river bank, and went TO the place with
some of the members of the committee. /
An examination convinced him that there
was no use of continuing this work until
wharf was built, although the company
offered to erect crib to hold the dirt in /
place. At the regular meeting of Coun-
Gil, which was held the next Thursday
evening, on motion of the witness meet
ing was held at this place the next Satur-
day.
While they were ON the ground dis
cussion arose about q sluice, but as
nothing was said about it In the con
tract 1t was soon settled, Council then
went on down the road to the Delaware
river and examined the work there,
when the witness proposed that the
money be paid, but some of the mem
bers said that as they were short ofI
money it would be better to let thel
com pany wait until the appropriationsl
were made for the ensuing year. Thel
witt ess called on Mr.. Cotton and sub, ID
mitted this proposition to him and 1t i
was accepted. The amount due tho