Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1888-11-29

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action of replevin, involving she taking
and impounding OF Is head of cattle be.
longing to the plaintiff. The defendant
justified the impounding on the ground
that the cattle were running at large in
School District No 68. New Castle county,
contrary to an act of the General AS.
sembly prohibiting stock from rurpina
at large in said district. The law author.
ICES the person having stray cattle in
charge to sell the same publicly, in case
they are not reclaimed and all JUS,
charges paid within 80 days from the date
OF impounding. When the sale was about
to come off, the cattle were replevined BY
the plaintiff, and the defendant claims
his legal costs.
Mr.. Truax said that he and Mr.. Spru.
ence lived on adjoining farms in Black.
bird hundred and that Mr.. Spruauoe,e
fences being insecure, his cattle fire..
| qusntly trespasHed upon him, greatly 10
his annoyance. Finally, after repeatedly
warning Mr.. SpruRnoe, he impounded I6
head and advertised them for sale, He
got three appraisers to assess the damage
done to bis wheat by the cattle and they
placed it at 81 SO.
With this testimony the defendant
rested. Plaintiffs counsel contendsd
that the cattle escaped from their right.
ful enclosure through no fault of the
plaintiff aud that no legal notice of the
inpounding had been served on him
which made their detention illegal,
James t. Mofett, who lived on Mr..
sptuance's farm, as overseer, said that
the day the cattle we're impounded he
turned them out to drink from stream
running behind the barn, ia accordance
with his daily custom. They had not
previously wandered away, but this time
they did, and some of them got upon
Mr.. Truax's property. He immediately
asked Mr.. Truax for the cattle but his
request was refused.
James W. Spruance said he called on
Mr. Truex and tendeyed $40 as payment
Tor the damage done by his cattle, but
the tender was refused. He demanded
the return OF the cattle, which demanu
was also refused. He received no notice
OF the Impending and proposed sale Of
the cattle except the advertisements
posted by Mr.. Tsuax.
This closed the testimony and the case
was argued. Mr.. Davis claimed for his
client 81 per head for impoundinR the
cattle, Si6, 25 cents per day for each
head for 50 days, for the keep OF the
cattle, $152, and 81 SO damage done his
wheat amounting altogether 20 SHE'S. so.
with interest amounting to $tS7 80, Mr.,
Ward contendad that his client wal, not
responsible for the escape of the cattle
and that the defendant had not complied
with the law in such cases made and pro-
yided. That as the cattle were taken up
tn I1ar.V : - 4. -
way the course pIrsued should have been
an action for trespRss and not seizure
and sale under the special law prohibit
ing stock from running at large in school
district No. 6S. He CLAIMED for his client
damages for the time the cattle were i'm
pounded.
The charge Of the court was deferred
until the afternoon session.
On the application of Austin Harrine.
ton, Esq., TilghmRn JOHNSON, Esq, was
appointed commissioner to take testi-
mony in the CASE Of Mary Mahan VS..
James Mahan, application for divorce.
Attorney general Bigga duting the
morning called the attention of the court
to the case Of Amy Roberts, who was in.
dicted at the May term, 1887, fer burn.
ing the stable of Daniel +. Draper.
When her case was brought to the atten.
ton OF the court it was found that the
act of 1866, which abolished corporal
paniLhment upon women, spilled only
TO the offence of larceny. This left her
liable to the penalty of pillory and post
provided for the crime Of arson. After
oansastetIon IL WAS dec u 4 10 nIIoR M
TO Eenaaiu in Jail for one year. hnt
When the yesr eYptsei she vas not re.
ieasei, no III. DGnpvr nau llsanw nlie re-.
ceived number of threatening letters
which rendered him very uneasy and ehe
Is still in Jail. The counsel, Francis M.
Walker, Esq, had recently secured Tor
the girl bone with her aunt Ia Phila.
dalphia and desired to send her there.
Mr.. Riggs said he would agree TO rsIsase
the girl on her own recoguizance and re-
tire the case against her, 20 that il her
future conduct should not prove sstisfsc.
tory, she could be arrested and triad
under tbs old indictment Iha court
consented to this arrangement and tho
girl will be released. She is only II years
Of age.
COURT adjourned until 8 o'clock, D, m.
The charge of the court to the iuty in
the case Of Spruanee vs. TFuax was de.
hvered by Chief Justice Comeeys IL YES
tercay afternoons session Of court. He
said that the defendant, ia impoundinp
plaintiffs cattle, was right in acting
under the special set prohibiting stock
from running at large in School District
No GS. The question for the Jury WIS
whether the cattle imuounded by Mr..
Truax escaped from Mr. Spsuance's prem
is9s through any neglect Of Mr.. Sprusnce
or hrs agents. II they did, he Is liable,
b1t i not. he cannot be held. Mr.. Ward
noted an exception 60 the charge.
AZ 3.2l O'Clock the jury retired and
efEer celebrating over an hour, returned
. verdict for ths defendant, Traax, for
SlS5 %, the full amount claimed.
The Wheeler d Wilcox Manufacturing
Company vs.. Matthias Il. Moore Inoaf'
sltlnn at the bar. Eoffecker IL HGfegker
for the plaintiff. Moore, who liyes al
Lsutsi, was an agent for the COMPANY.
and the claim, 6103.01, is for unsettled
commissions, cash aud merchandise.
There was no defence, and after tho SLAIN
da'B claim had been proved by Lewis
Moore, an employa OF the company. The
jury rendered verdict far tie tol
amount claimed, with interest, making
total OF Sl26G5.
Court, at 4.40 O'Clock, adjourned until
III O'Clock next Monday morning.
Ice and Frost In Florida.
WAsHISdroN, Nov. 27.-Ths Marine
rfgd IL - n.