Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1890-01-09
sUPEKroR COURT.

: ing's session OF superior court, II tue case
case of Birdsall Manufacturing Company
vs.. Theodore II. Armstrong. Counsel
on both sides eontended vigorously and
at considerable length. Chief Justice
Comegys delivered the charge OF the
court. He laid down the question IN
volved in the case as this: That the de-
PENDANT was liable fer whatever ths mn,
chinery be purchased from the plaintiff
was worth, over and above what had been
paid on account. II the jury believed
tkAt the machinery, By TeEson Of it5 de-
secsive condition, Was worth no more
than the defendant hs1 already paid
upon it, the verdict should bs for him.
Otherwise the verdict should be 'cr tho
plaintiff. for whatever amount the jury
believed him to be entitled to. AZ IL
O'Clock the Jury retired
In another case Of the Birdsan Com.
pany, against George ", Carrinder,
Judgment was confessed b the defend
ant, the amount due to be ascertained By
the pEothonotsry.
Just as j. Alexander Fulton, Esq, the
plaintiffs attorney, had made ihis an.
nounoemsnt to tine court, the Jury IN the
case against Armstrong, after 6ellbera-
ton OF less thsn 10 minutes. regusnsd
with verdict for the defendant.
William s. HiIlss ESQ, called the
attention Of the court to the case 3i
William e. BonspArte, the colorei WIZ
Sinia fugitive, for whose return Gaytruo:
Biggs has honoged the requisition q taa
governor Of Virginia. de said he ill.,.
tended to apply for the prisoners RELEASE
on a writ OF hsesss corpus.
Mayor Harrington said The pristrsr
was in his custody, having been arrested
and held for trisl on charge q esrIF = 3
concealed deadly weapon, bat shat -
had received an order from the ggYsEaUr
OF this State to turn him over TO :hc Gus
tody Of two Virginia sheriff, wh5 La2
come after him. lie felt hound 10 IS
the governors instructions, ard, there
fore, hoped that Whatever moys LII,
Hilles intended to make he wcald = Axe
without delay.
Attorney.gsnersl Biggs told tbs court
that he had abandoned, on the part u
the State, the charge OF carrying con-
cealed deadly weapons, so that toe pEiz.
oner could be returned TO Slrgiaia j
offence in that state having been Of suel
grave character as compared with Ii
offence here.
Mr.. Hilles said be had no desita 70
interpose any unnecessary delay but ht
held that the requirements OF the Law had
not been observed in the rsquiaiaon pro
ossdinRs, which was the reason fer biz
course in the matter.
The court held that Mr.. Hillss objsc.
tions were not tenable, whsreupou b
withdrew his application for the writ o
hAbess corpus.
Court took recess until $50 o'clock
! 1.fs . -
the afternoon was occupied by a notsbli
railroad case, the suit Of Mrs Elizabeth
B. McOomb vs.. the Southern Raliro
Association. Bates i Harrington .or IL
plaintiff and Senator Gray FOR the dc
PENDANT,
This suit is OF 900 coupon bonds issue
by the Mississippi Central hallway Con
pany. date OF December lJtn, 1873, escl
for 81, 900, bearing interest at the rate Q
seven per cent per AR IN. TIE bond
we're Issued to the late Henry S. hoCcu
Of this city, whose widow and sIscutri
is the plaintiff Ia the suit.
The Mississippi Central railroad "a
leased and operated b the sQu't6g
Railroad Association, Of which Cotoci
heConb vas rys-iaant. Il extended fra
Jackson, Miss., 70 Cairo Ill. snl BEGAN
VsYs Of the through Inns from 30
Orleans 10 Chicago. Colonel Neon
Tss a larRe stockbolder in tie Ne
Orlssue, Jackson Crest Northern gsi
road, the stock Of which vas also seq sire
by the Southern Railroad Association,
being consolidated With tbs y s.-sip'
Central a. tse New Orleans, 81, Lc-
4 Chicago railroad, extending s!ym NJ
Orleans 70 Cairo sud thence ~ tie iii
nois Central 10 Chicago, TIE Z.ers!o
Of the lina {: the &.ss!zsietl -e2;-
created al irtabse1aess 20 ca eel y e
honda Y ere issCed and trrnsI one! u q
Southern Railroad Associsaep NE
organization sfirins 20 tie Docdi Ual
seal, guaranty, sec1rinZ thE .4.l
ment Of interest and prncinal
treasurer Of the Southern Asifrai AFT
9istion was also Authorized q 8
propgiste a number Of t4e5s bCEa
to the purchase Of Il I9t d.
shares OF stock Of the NV Jtlse1
Jackson / Great northern rain 81.
the basis Of 500 Of the bon1H .os
the stock. The action Of t1a it..
Railroad Association in tLr- FHtEEGsl
ing the issue Of bonds vas
recent suit In the Uatsd
for the southern distTt Of
when Judge Shipmen 5'Hrr2sd ~ .ss
Of the guaranty but Gully So IT ss
spilled 70 the bonds i770.1 : yEt=.E
Tor the stock Of the New 9as.Is 51era
4 Great Northern 2s.lEl-3 G.S
Colonel MoComb held 500 r.
which he received a5l o tae r,
sippi Central ocn5g gnls4ute.
Southern Railroad Association -
each, 5JU Of which were 4+a u.
suit tine other 100 shares 1.-g
4.