Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1889-02-21
COURT.

I'D
son vs.. tho mayor and Council OF Will
mington CLOSED yesterday afternoon week
after Mr.. Lore had talked an hour and
Mr.. Bird As minutes. Charging the jury
was postponed I'LL Thuraday morning The
case Of James W. Ware va. Abrsm j.
PetorH, an action to recover $i43 rs for
erecting two stsirways, was taken up, s.
A. MsoAllister for the plaintiff and ben.
tamin Nields for the defendant, after
which adjournment until Thursday morn
ing occurred.
AT Thursday mornings session Of court,
Benjamin Nields, Esq counsel Tor defend.
ant in the case OF John Robinson VS..
Francis o. Simpson, in which the Jury
returned verdict In favor OF the plain
tin for $1,000, made motion for new
trial, and announced that he would f!s
his reasons In support Of the motion later
In tho day.
Mr.. Nields presented the return Of the
commissioner appointed TO take testi-
mony in the divorce application Of Mar
garet Gamble VS.. Henry O. Gamble. II
favored the granting OF the divorce and |
on Mr.. Nields motion tho court confirmed |
Che return.
Chief Justice Comegys charged the
Jury in the case Of William H Robinson |
VS.. the mayor and Council of Whining
ton. The charge held. That the CITY Ia |
bound to keep its streets in good order;
that the hole in the sidewalk into which |
the plaintiff fell was proved TO have been
in existence OF least three months and tue
city, therefore, ia presumed to have
known of tho defect; that In view OF the
oity's duty to keep the streets in good
sud safe condition, 1t Is question
Tor the Jury to determine whether
,0r not the city was guilty OF
gross negligence In allowing this hole in
I the sidewalk TO remain unrepaired for so
long time that to allow q hole of this
character to remain for no long was an
act of gross negligence, and II is for the
Jury TO determine from tho evidence
, whether OF not the hole was allowed TO so
remain; that II the plaintiffs accident was
due to his owa csrelessness and negli-
,geuce in not exsroising ordinary care and
caution In walking along the street he
would not be entitled to recover, not.
withstandiug the oity's negligence; other.
wise he would be entitled to damages.
f' At 10 so O'clock the Jury retired.
Lsvi O. Bird, Eaq., presented the re-
turn Of tho commissioner In the case OF
Martha Patterson vs. William W. Patter-
son, application for divorce, reaom.
mending that the divorce be granted.
Tho return was confirmed
The oase..of James W. Ware vs.. Abram
j. Peters was then resumed, and testi-
mony for the defendant was heard. The
defence was m Offset for extra work done
by the defendant upon four houses he
erected for the plaintiff and samuel
Murphey, to which Mr.. Peters
testified in detail. His Offset claim
amounted to $500 25, and Mr.. Peters said
that Mr.. Ware agreed to allow him QUE
half OF this amount, to be paid in stair
work. For the stair work thus furnished
Mr.. Ware now sues, his claim being
$i43.75. The plaintiff introduced in
evidence Mr.. Peters receipt in full for
this work done on these houses The re-
ceipt WAS dated February 9th, 1884, and
the stairs were procured from MIR. Ware
on December 18th, 1884.
After hearing the evidence argument
followed until o'clock.
Shortly after ! O'Clock the Jury In the
saro of william II. Robinson vs.. the
iyor and Council OF Wilmington came
court and returned verdict for the
,.lantin, with damages laid ct So 900.
Court then adiour. ed until afternoon.
The jury in the case Of James W.
Ware VS.. Abram j. Peters, at the
afternoons session Of the court, after q
brief elaboration, returned verdict for
\ tha plaintiff for $179 G3, being the full
amount claimed with interest to date.
The trial Of the suit of o. Brooks
Foster against the city Of Wilmington
was set for last Tuesday. The court,
however, on City Solicitor Turner's ap.
plication. ordered that the claim be re-
duced to the sum Of $l00-the amount
sued for in Justice Monaghan's court,
and for which Judgment was rendered
against the city. When the city appealed
from this Judgment and carried the casa
to the superior court, L. O. Vandegrift,
Esa,, Fosters counsel, increased the
claim from S100 to $500.
There was y long discussion over a Pc
tition presented by Alexander b. Cooper,
Esq, counsel for the New CASTLE Mutual
lIneurance Company for an order on the
sheriff to compel him to pay 1877 go to the
company for rent due 90 property onou-
pied by Charles H. Olusll at New CASTLE,
out of the proceeds OF the sheriifs sale OF
Olueli's household goods. John II. Rod
ncy, ESQ appeared for tho sheriff. The
petition was denied.
Hon. Charles b. Lore made motion
for new trial OF the case of William ID.
Robinson vs.. the mayor and Council Of
Wilmington.
After .ransscting come business Of
minor importance, court adjourned until
10 O'Clock Monday morning.
The trial Of Taylor E. Cooley Of
Christiana hundred, who WAS indicted FOL
Ingr,slauRbter, was called in the court Of
oyer and terminer Monday morning. The
accused, on the 9th Of December last, was
engaged In shooting at O fence post, o.
his home near Newport, and coioreo
boy named Harvey Turner, who stooc
by, laughed at his poor workmanship
.'You couldn't hit anything" said til!
coIorsd boy, jokingIy. Cooley snapped
the pistol twice more ut the post, but !
did not explode, and surprising It wa
empty he ,ointed the weapon at Turner
and enchanting ~ can shoot you
snapped 1t again. This time 1t exploded
and the ball struck Turner in the aldo
men, from the effects Of which wount
the colored boy died the same night
the Homeopathic Hospital in this city
Cooley was held for trial by the coro
ner's Jury OF inquest, and the grand iur.
indicted him for mauslaughter.
When the case was called this morninl
BENJAMIN Nields, Esq, prisoners ooun
sci, asked the court to qussh the thirl
count of the indictment, ss it chlrget
the prisoner with unlawiully, wilfuliy
feloniously and Intentionally pointint
the pistol, and feloniously and wiifuil!
killing the deceased. The indictmen
was drawn under o special enactment
which imposes fine Of from $40 to $40