Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1889-05-15

ANS mummy CVurs
As soon % court convened this morn
ing the jury In the case Of Hawkins h
%. vs.. Edgar Chandler were charged by
the Chief Justice and retired ut 1880
O'Clock.
A jury was then drawn and the case OF
Q. Brooks Foster VS.. the Mayor and
Council OF Wilmington was taken up for
trial, with L. U. Vsndegrift, ESQ.,, for
the plaintiff and City Solicitor Turner for
the defendant
q. Brooks Foster was sworn, and testi
fed that he had done considerable police
duty during the administration of Mayor
RhOads. Tn July End, 1886, the Mayer
informed him that Officer Shields Of the
Seventh district. had his head cut and
ordered him to take HE place. He did SO
and served for ten nights, but never re-
ceived anything for his services.
He was sworn In for police duty at mid
night June 80, 1885, by Mayor Wales.
On February 9. 1886, Turnkey Hamilton
fell and broke his leg, and the witness
performed his duty for three nights. He
also detailed number OF other times
when he had performed police duty, and
thought that he had been on at least one
hundred times. At one time objection
was made to his acting as q police officer
on account OF his not having passed q
medical examination, but Mayor Rhoads
gave him note to Drs. Bush and Springer
lie was examined, aud after being passed
the Mayor said; "Now, Professor, you
are iuil-iledged officer; wade in" He
continued to serve as an officer whenever
occasion required, and never received
anything for his services. He also was
obi ed to buy about 800 worth Of police
Il. t.s.a e.. - .l.l
anything.
The witness was subjected to a pro-
tractei aud severe crcss-exaDination by
Mr.. Turner, after which MIR. Vandegriit
offered in evidence the book of record,
showing that Foster had been sworn In
as police officer of this city
L. b. Rhoads was sworn and test fed
that be was mayor OF this city for three
years from June, 1885. Foster was ex-
amiued by the board oil medical examiners
and given a certificate. He was exam
med at his own request on account oil
Judge Cummins having objected to bis
making arrests.
John J. Doughcrty testified that he was
sworn In as chief OF police OIL the night of
June 80, 1855, and resigned in May, 1883.
He could not recall any particular occa-
sion when he bad detailed Foster to do
police duty, although he knew he acted
AS an officer. He compared very favora-
bly, with the other officers.
Geofg, T. Barnhill testified that dur
ing part Of Mayor Rboads' administra-
tlon he was chairman of the Police G M
mittee of City Council, aud knew that
Foster had done police duty, but was GER
tain that he was never paid for 1t. The
list for police clothing was made out by
the chief of police, but Fosters name
u ever appeared upon 1t.
This was the last wituoss for the plain
tif, and William II, Quinn was called in
behalf of the defendant He testified
that Foster ordered police uniform from
him, and stated that he wanted 1t for q
protection as dog catcher. He paid for
the first suit, but had I ever paid for the
second.
e Is. Rhoads testified that Foster was
never sworn In as a police Officer, but a,
dog catcher. Foster had never beef
appointed police officer, and he had nc
idea how he acted IN Shields place.
He had never appointed or regues ed
| Foster to act At police officer. He die
net authorize Fosters emplc yment as al
officer In place Of any one, ard II he wal
80 employed he knew nothing of It. The
witness had objected to Foster taking
prisoners over to New Castle as he WA
IN ormed by tGe Chief OF Police that tn
otrer officers found FAULT with his SO do
ing. Foster had fr, quently come AM
offered to perform police duty, and seem
ed anxious to act In that capacity.
Patrick Cummins was sworn, and testi
fed that he WAS Iolice officer unde
Mayor Rhoads. lie remembered whe
GA Ger Shells was injured and OIL duty
Foster came TO him on Delaware avenu
and said that he mad requested Mayo
Rhoads To allow him to serve In Shieldl
pace, as he was q good fellow aud
did not want to see h III docked. Fost,
also told tine witLess that he had ee
out in the morning catching dogs.
At 1880 o'clock court took q Iecei
until 3 O'Clock this afternoon.