Daily Republican., 1889-12-14
EHg WALLACE CASE.
hue Jury CHARGED BY THE
CHIEF JUSTICE.


-a,,ert!ag rtturuo0D, Win tine Chiet JUS
H. and Associate Judges on the bench.
4 Immediately alter the opening the jury
!, ,hc case Of Mary Wallace VS.. the WILL
and Northern Railroad Com
F,pS sas charged by the Chief Justice.
"A rprrlpr. lie said he did not propose to
.sr,rw lbe evidence in detail, as 1t was
I,o trcsh in the minds OF the jury to re-
pnfe II. Ia this case the plaintiff claims
IN. NE company was negligent OF some
En,y ns they were bound 10 make their
IatDa,hui bo means Of egrsss from 1t,
b,rlecdy saie'for their zssehsers.
Il 4 As also the duty OF the defendant
.ompahy to have their station properly
|Iebied al uight. but this, II Is alleged,
Ssauu. done. 1t is also alleged that q
Ioeehployed by tho company 10 attend
Eotbe ll9his was ipsthe habit OF turning
(iAfa out hefores the trains left the
IEtiau, On the other hakd,. it is claimed
|b,nibe iaghis WERE properly lighted. and
lbsttNe plalntif met with the aceidtnt
IN leayi Ii tho station by an unusual
R,y, IEess are the questions that the
|sIy wih lave TO decide, but II they be-
|tye hal the plaintiff tpRsted herself en-
I'M, 10 nc guidance d Mra Hunter,
6sa sbs would be resr ,nsible, and NOT
In.iilsa torecover If {he Jury believe
Esi the plaintiff is ent I'D To any dam
~ at All. they mus be sufficient TO
tTu h expenses and Ibss Of time, and
e eompensation for pe sufIsfing sis
Nv Jury retired at i&35 O'CLOCK, and
III aoi agreed upon ysrdlslAte last
ETr rur &EspAusn
,fhsbctthat 2-p,e - yee lay after
boa pts the tind 6t Tor hoaripg Mr..
goipe /. returp AZ te application for a
shtsi mandauh t>ated Considerable
|rutat, wbishm, Own by the num-
bu N stiepdshee. $tapeiore tho case
E. n :tsH esas n Il a :fy seat .i ,s.ids s.sis
|ssbar, on he tce OF the court
n EyNassef, Hdury D. Hickman, Judge
bllS rx-JuagS Lyman, Willard Hall
Ptref, +. =. Bfch, James l.. Hawkins,
[sy courtmhn Sutton and Eliason,
|Nlts n Haybs, Esq, Colonel b.
1alas 4 ! sGonEiftsman Lore, Council
~ lphn ", HaNk kins, Attorney General
l}tki peputy Anol i1ey General Davis,
Philip q. ChprchH ~ ESQ, George II.
1ialh Tax CoIl<et Mckee, John +.
Mickey, " 9. uspArhe, Levi Q. Bird,
|(aq, aud D lnerous bthers.
4 SrAtor tIIrRipH 4nd William G.
ysusncs, Esq ccaQlSed seats directly
n ioui Of the judRe1 while Senator Gray
~ p,ghiiY IL tha MI Mr.. Rodney spent
> itwlnihuits u fffnest conversation
'wltA sebatut Gray and then left the
rcou II wss supposed for the purpose of
sOpterug with Collector Dougherty,
Neo Was u another part of the building.
SHORTY otiOys s O'Clock the Chief JUS
+hee inquired they were ready TO pro-
4 seSi vita ihe nsndamus case, when MIR.
hodnrr replied that he had fled his an-
~" win the prothonotary. Messrs.
hgfln'And Spruance asked for few
minutes lime to examine the return, and
uPh rfciving 1t from the prothonotary
nied 10 the lawyers' parlor.
Alter being absent about 10 minutes
LsJ returned, and Mr.. epruance said:
NAY il please the Court We have ex-
lnit,t the return aud find that = great
Pi.lon of our petition is admitted. We
rtnAdy TO proceed with the case now,
ld ( witnesses are needed we will have
l.u PRESENT tomorrow"
Mr. Rodney objected to taking the case
y once, on the ground that as he had
O! lied his answer at 2 o'clock he was
VI prepared. lie also said that the
ttllemAn associated with him In the
Re bHd Just returned from Washington.
I'd he lid not think they could be ready
MI the latter part oil next week.
tie Chief Justice said he thought
u Saturday would be q good time ior
'eATug tile argument, when Mr.. Higgins
spilel that he would like TO have tho
natter disposed of as soon as possible,
7 any delay might result In defeating
pc remedy which is now sought. He
Bought that testimony might be taken
|tN, aud the argument heard some day
lhe near luture.
Tie Chief Justice remarked that both
Enat1rs would be in Washington the
hly pAtt OF next week, and ms Il was
\" tha custom of the court to keep a
uy On Saturday he thought that day
| Fea'l Dc good one on which to hear
llmeut IN the caAe.
ouiu tnat He tuOuRUL tue
KY IL l'n' case was quite rs high as
'na''.' dray and Higgins would be
sNt1 u on to perform in Washington.
PsNolid Ike the case to be tried on Fri.
Mr' R-dney again objected to taking
4 "s ease, aud said he did not think il
~ i'Jddlce 1t any to let II lay for a
fe,@ boi the Chief Justice remarked
l1I ne considered this very important
"'tf aud one that should be disposel
n s' ~ Il as possible.
4 A' rodney then asked to be excused
@rW minutes, aud went iu search of
fv'..I WY eI Iay, who had left the room.
| " u'o tr returned he announced to
| S2''It that he would be ready to pro.
II ~ IA "a 'he case next Friday morning.
-ug l'"owlng ia the full text of
5"l; pouGuERTY S RETURN:
N iAsILE COUNTY, ss-And now
4 4" "''' tt's 18th day oil December, A. d,
,i ere tie said court comes the said
~ "y, i'20gherty, aud Tor cause why
III ''lelnptory mandamus should
Sfsts,Dt ,Dt a-htst him according to the
N. 81. q u 'ae said petitioner, deposes and
,a, ahp he said john J. Dougherty
guy appointed collector OF taxes OF
In j,,'51 jn, N Vol ection district Of Whining
n, "ItlgMt''', New Castle county for the
,s., ~ y .ssN, and that he gave secur-
|ccD.'pu collector, and that to him as
Eysr,, Il there was issued and de.
cUr,p ," oS We Levy Court of New Castle
ttS nulilcate Of the assessment lists
bpgl several wards OF the city of VII.
,'anS' ''nptislLg the said North
serly 90. '.,, g''li'ct OF the said city, pro.
kst,at, 'i'ei according to law with a
sI. ,LOl .Ol the collection of the said
." Thereto annexed, VI 'n' sa'u
tC,iy4I1t1l lItl within 80 days after he had
ublic n,, NO sad duplicate list he gave
ccotl,,,os.e' hy advertisements posted in
lie 1n,g t,"n,.' N!lh the provisions Of the act
laio srI gn' '' Assembly in such eases
Iolans "u y, provided, being chapter 379
atd. pro'. ~ LAWS OF Delaware, and after.
be ssi'l 'gl't1,etdea taea to receive and coiIee,
g. T5as" ,"ie' assessed as aforesaid
lrotesti""', me said John j. Donchar,,
Ma. ~ mat the datail