Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1889-05-30
LrosNsE HEARINGS.
some Are Passed without ObJec-
tion, But 10 Others There il Lively
OuuuriII1u.


Of George b. Stewart va. the p, W. 81 B.
X X. Co., was taken at length OF yesterday
afternoon weeks session OF court. Jacob
Shelter testified to the efficiency Of James
Mcdowell, foreman OF the shifting gang,
which had been questioned by plaintiffs
witnesses. Mcdowell testified that he
gave proper warning 10 the men TO get
of the car before il was moved. He said
he had left the employ Of the railroad
company, but admitted that he had been
given an intimation that unless he re-
signed his position he would be dis
charged. b. f. TIbbett, William O. King,
L, Armstrong, Samuel Porter, John J.
Walsh and Justison N. Anderson, work
men at the car shops, testified that due
notice had been given before the car on
which Stewart was working at the time of
the accident was moved. court ad-
jourEei until 10 o'clock Thursday.
At Thursday mornings session of aupe-
rtor court, the hearing Of testimony in the
case of George b. Stewart vs.. the p, W.
4 B. Railroad Company, on the part of
the defence was concluded. Argument
was then begun, and Hon. Charles B.
Lore, OF counsel for the plaintiff, spoke
at length in favor of the plaintiffs case.
When he concluded court took recess
until o'clock, p, m.
All Of the Afternoons session of
court was occupied by the arguments in
the case of Stewart Va. the p, W. 81 d.
railroad.
At Friday mornings session OF court
the jury in the case Of Stewart VS..
the p, W. 4 B. railroad was charged by
Chief Justice Comegya and retired at
10 20 o'clock.
The case of P. Reuhl & 90. of Cincin.
natl VS.. William S. Mitchell was next
tried. This case was tried at the last
term and resulted in disagreement Of
the jury. J. q. Hoffecksr, DR., ESQ.,,
for plaintiff and L. q. Vandegritt, Ego,
for defendant. The action is to recover
on two promissory notes, amounting with
interest to S257.S2, given by the firm of
Baird & Mitchell, book agents,
OF this city, to the plaintiffs,
for books furnished. The defence was
that before these notes were given the
firm had been dissolved by the with
drawal of Mitchell, and that due notice
Of such dissolution had been given TO all
customers Of the firm, Baird meanwhile
continuing the business under the old
firm name, and contracting the indebt-
edness for which Mitchell is now sued.
At IL. 40 O'Clock the Jury retired, and in
about 80 minutes returned with verdict
for the defendant.
After empaneling jury to try the case
of William Carey VS.. David Howard, ad-
ministrator of Maria Carey, deceased, an
amicable action to determine q disputed
account in the settlement of an estate,
court took reoass until o'clock, p. m.
The case OF Stewart Vs. the p. W. q b.
Railroad Company ended as did the other
railroad case at Friday afternoons ses-
| sion Of court In disagreement Of the jury.
Al 5,45 o'clock, after elaboration lasting
| over seven hours, the jury came into court
\ with the Information that they had not
agreed upon verdict and that there was no
| probability OF any agreement. The courtac-
| cepted this statement and discharged the
| jury. 1t IL understood that when the Jury
first went out they stood seven for the
| plaintiff and Ave for the defendant, but two
| men changed over, so that the Jury stood
| seven for the defendant aud five for the
| plaintiff. The five who held out for a ver-
dict against the company were Philip r,
Clark, Howard Il. Jordln, Charles A.
Salmon, William NJ. Stuckert and David w.
Elkinton. Fifteen formal ballots were
taken during the session.
The case OF William Carey vs.. David
Howard, administrator Of Maria Carey, de-
ceased, an amlcable action was uied before
q jury. Maria Carey, formerly matron of
the Old Women's Home in this city, at her
death, In May, 1858, lett an estate valued at
| e5,0O0. William Carey, her brother, living
In Buffalo, \. Y, claims to be the only heir,
| and the administrator desired his right to
be confirmed by the verdict OF a jury.
After the necessary proof the jury, by H.
strnctlons Of the court, awarded the plain
estate, S5.124.19.
A jury OF inquisition In the case of Will
liam n. Lank vs. Il. II. Armstrong returned
a verdict for the plaintiff for S5l4.
The Dolbow will ease came up on re-
\ quest OF Charles NJ. Curtis, Esq, that the
| decision CT Register Bradford IN admitting
TO probate the last discovered will of King
| Dolbow, be affirmed. Senator Higgins OPP
| posed the motion. The decision of the
| court was reserved.
| Adjourned until 10 a. m. Saturday.
| The Cloud.Johnson chicken case, which
! was fully detailed In the GAZETTE, came up
4 IN superior court Saturday morning. After
Luther A. Cloud had accused Benjamin +.
johnson OF stealing the chicken, which
| charge was dropped, johnson had a caplss
Issued for Clouds arrest for defamation Of
character, and CLOUD was held in $4,000
bail for court. Thomas Davis, Esq, repre-
senting Cloud, presented d petition denyiug
the allegations upon which the capias was
Issued, and setting forth that the charge Of
| larceny was not made mgliciously, but upon
| what were conceived to be good and suffi.
Client grounds. He asked for Clouds dis
charge without bail. Hon. Charles d. Lore,
Johuson's counsel, opposed the application.
The court refused to grant Mr.. Davis re-
| quest, and he then asked to have the
amount OF the bail reduced, claiming that
the present sum, $4,000, was excessive.
The court reduced the amount Of bail to
| $1,000.
City Solicitor Turner's motion for a new
/ ana nf n
mayor and Council OF Wilmington, in
which verdict was rendered for the plain
I'LL for the full amount claimed, was next
argued. Mr.. Turner spoke for the motion
and L. o. yandegrift, Esq, opposed 1t.
Judge Houston announced that 1t was
the unanimous opinion OF tho court that
the verdict In the Foster case was against
the law, against the evidence and against
the charge Of the court, and that It should
be set aside. Motion granted.
In the Dolbow will case the court handed
down an opinion Diminishing the appeal
from Register Bradiord's decision, and
affirming his action In the premises. This
validates the last will of King Dolbow,
which was not discovered until after the
death OF his widow, who, inherlting all his
property by virtue OF a previous will, had
disposed OF i, IN turn, by her own will. 1t
was whom her will was presented for
probate that King Dolbow's later will was
discovered and brought forward.
Application for the setting aside OF the
sherlf's sale OF the farm OF Benjamin z.
Booth was made by Senator Gray and op-
posed by Charles NJ. Curtis, Esq. The
ground assigned was inadequacy OF price.
The farm is 10 ated q miles from New CAS-
tie, on the Ohristiana road. contains 3l2
acres and sold for $4,000. George W.
Morrison testified that the farm would be
cheap at 100000; Richard Jaokson's estI-
mate was S65 per acre, or $50 $50; Thomas
HolcomD's figures were $40 900. The county
assessment of the property ia S2l ,490. Ia
rebuttal George h. Townsend estimated the
value of the farm at $4,000 or SIC, 900;
| PHILLIP Il. Clark'a hstimate WAS BIS. nll: