Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1889-12-26

State Loan Association, returned YER
dict in favor Of this plaintiff for $272.35
the full amount claimed. There are four
other suits pending, by parties Who gave
notice of withdrawal from the association
previous to its collapse.
A horse case followed being that of
Frank &. Haley VS.. Wesley ]. Husbands
Bradford Il Yandegrift for the plaintiff
and Johnston 4 Hayes for the defendant.
The plaintiffs claim is that on September
18th, 1888, he bought marc FROM the
defendant, for which be paid $3.50, taking
written guaranty ss to the soundness Of
the animal. He had used her but a abort
time when he discovered serious adec.
ion in one Of her eyes, which veterinary
surgeon pronounced 10 be chronic. lie
wanted Husbands to take thu animal
back and return him his money, but Has
bands refused. Finally, in the following
January, Haley sold the animal for $40.
He now seeks TO recover from Husbands
the difference between what he paid Tor
the mare and what he sold her for, s75
with interest from the date Of the orig nal
transaction.
Pending the taking of testimony for
the plaintiff, court, at 4,30 O'clock, ad-
journed till O'Clock Thursday morning.
1u6 NhSd VI pThhk AIs Ealllby w. " S54sy
J. Husbands was ended at Thursday morn
ing's session of superior court. The ie-
J PENDANT offered testimony that when he
sold the mare which subsequently be-
came blind, TO the plaintiff, the animal
was sound in all respects, and was exam
ined on the day OF the salo BY an expert,
who pronounced her all right.
The Jury retired at II. 40 o'clock, aud
after celebrating about 40 minutes Is-
turned with a verdict FOR inc plaintiff for
the full amount of his claim, $50 62.
All the petit jurors were discharged
until Monday, December Both, when jury
trials will be resumed.
Before the adjournment ot court
argument was heard ia tho case Of
]. Il. McQuaEry va. Constable ThomaB
ReRrdon and the Masonic Hall Company
The plaintiff was a teacher in Rugby
Academy, Masonic Temple, and when
the furniture was levied upon for the
rent he issued an attachment for $50 en-
account Of salary duo. II. II Ward,
Esq, for plaintiff and Benjamin Nields,
ESQ.,, for the defendant. Pending argu-
mont court adjourned until 8 O'clock on
Friday morning.
It was Just five minutes past O'Clock
Friday morning when w. O. Spruapco,
Esq, entered the county court room and
squared himself for his part ia tire tex
law mandRmus argument. he was fol.
lowed by young colored man, stagRer-
ing under the weight Of big CANVAS Bug
filed with law books, which were piled
upon the attorneys table. Two minutes
later Senator Higgins, Mr.. Sprusncei
colleague in the Argument, arrived. lie
was alone, and did not bring any Law
books.
John Il. Rodney. Esq, Tax Collector
DouRherty's counsel, next appeared, FOL
lowed by George II. Bates Esd, WHO i
also associate counsel in the great Ioge
Fight to resist court mandate COMPEL
ing tax collectors TO. issue tag receipts il
bulk to Republican politicians, on iii
strength Of promiscuou5ly signed paweN
Of attorney. Mr. Bates sent to his oflio
for some law books end the pile Oh Til
attorneys table soon yisinly Increased
Senator Gray arrived at > 20 O'Clock. jus
as Critr smith announced the opening o
court, and at once held consultation
with his colleagues.
There were not many OF the lccal poll
ticians on hand. The Republican, wer
represented Harry O. MaEafiy, WilNAU
H. Pierson, Allen Smith, Lewis Ta8a.
son, Wstson Il. Sperty, editor 81 "A
&0rniaq NeBs, Washington Jouea En
John w. Hawkins. Stete Senator job
p, Donshoe and ex-5olleCtor PatriG
NeRry watched the proceedings wish ii
terest through Democratic eyes HEsai,
ing Elder W. Z. s. Murray and tha Rsy
George M. Hickman, pastor 81 the mi
Presbyterian Church, we're iutere5.e
observers.
SENATOR Higgins rpant long tiraa
looking over tbs papers ia the case al
consulting le@9l references p4Ure
an expression upon his face That slyora
Of anxiety, ard he did not seem to ~
his usual Aggressive, lighting Aumn
Several timea he placed hi d6EeI6upo4L
lips, and reflected long and ptaslqol-
Meanwhile Msssfc. Rodney, Cry UA
Bates chatted pleasantly AID oRlu'
awaited the opening Of tho battle Agi
O'clock Beniah Watson, J14n I. Eicao
sou and q. II. Cooper, Fsg4,, ot lay
John W Oausey OF Milford, and 5f5a-
JOHN II. HDifGckeF Of Smyrna, ARRIVAL
They cams NJ on the mplRiag tFau. I.
the purpose Of hearing th5 aruEia u
Tax Collector Doughesty etso came Id
court at this hour, accompanied by i
two little sonH.
Proceedings began shortly after
o'clock With Chief Justice corlegyG Mt
Judges Houston, pBynter ana Grabb
the bench, the fan judicial con plsiuet
Ms. higgins and ar. Rodney held
EugTied, whispered consultation, and I
former inquired o. the court it III pagt
in the case should be read This "
not necessary, as the court btd RlrEH
read them, and It was dgaiiet 10 re
only summary
Gte court thHH inquired about tue Vi
to be CONSUMED il argument, alU b
Higgins iBmentEd the fact that IA nf&
every important argum vt ha Eai hr
engaged in during the past ave yaEr.
hAd been hampef6d by restriction a.
time. senator Gray suggested y II
ssmit Of i've hours two and half 10
for each side 6nd this Was uta2-4i
the court.
Senator Higgins read . s1auEry
John Wesley Hawkins esion Bay
for the mandamus by reason II allie
uogtsuctions thrown ~ she why * /
ment Of poll taxes by U1llgs.1r Don
efty Mr.. Rodney followed W. seas
Collector Dougherty's answer. 6aI Y
At 1910 O'clock the i've hours orG.Or
contest began
Mr.. Higgins moved that TIE qer6mE.
writ 81 mAEdamUg 30 grBntel upon
petition, The application ha saij
to ask the court to compel ~ ntli5e
perform his public dGty This hsti
public duty ii Ia Only nscessasy that
petitioner Ia this Gaze have d pubi 4
terest IN the performance * thiH q
which he LES Us also haa pcrst
and privste interest insUauch as far
to collect pen taxes serve 10 increase