Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1890-12-25

niS VINE secures I'm Ortler upon HIM Tor
@2O0 and %15 Per Week While Her
Divorce Is Pending--Div0rco for Mrs.
Roche.
Argument in the case of Daniel
Quigley VS.. the Mayor and Council or
Wilmington was finished in superior
court Thursday morning. Tilghman
Johnston opened for the plaintiff yester-
day afternoon week, and on Thursday
morning the defendants cause was ar
gued by l.. G. Vandegrift and Il. G.
Bradford. Levi 9. Bird closed for the
plaintiff.
The charge of the court was delivered
by Chief Justice Comegys. The question
was, the charge held, whether the in
juries sustained by the plaintiff were
because of want of care and dill
gencc on the part of the city in protect
ing people, or were due TO the plaintiffs
own want of care. He cannot recover
if he was guilty of negligence without
which the accident would not have hap
pened. If no warning lights had been
put around the excavation, and still
there was light enough for prudent
man to see the danger and avoid it, he
is not entitled to recover, A man who
voluntarily gets drunk, puts himself in
q situation not to exercise the same care
and prudence of d man who is not
drunk. The law has no special care
over q drunken man. 1t holds him to
the same degree of care and diligence in
his movements as sober ma !. The
plaintiff must. show that he va not
guilty of contrbutory negligence. If
there was lack of sufficient light to
show him the danger, the city is
liable. But if il he shown beyond
doubt that the street lamp burning on
the opposite corner gave enough light
to reveal the danger to a man of fair
sight and who was prudent and careful,
he is not entitled to recover, by reason
of coniibutory negligence. The city is
bound 70 keep its streets in safe condi-
tlcn and guard people against danger,
but if any neglect of this precaution is
proved, il must also be shown that it
was by reason of this neglect that the
accident happened. The plaintiff can
rot recover, however, if any contribu-
tory negligence on his part is shown.
AT 1910 O'Clock the jury retired and
in ID minutes returned with a verdict
for the defendant.
i. H. Hoffecker, counsel for James A..
Kelley and John b. Price, asked for
judgments by default in favor of his
clients, on account of appearance
Of the other side. The cases against
them were brought before justice of
the peace by Fred Carl, Foster L. Keay
and John #. Coogan, players in last
seasons Wilmington baseball club, on
account Of salaries due them. Judg-
menta were given for each in the sum of
800, whereupon the defendants, Messrs.
Price and Kelley, appealed. The matter
was held under adYiSemeut
On the application of Willard Sauls-
bury, Jr., the sheriif's sale of the farm
IF Maria Ward, at Kirkwood, was set
aside. The ground was the insufficiency
of notice given Of the sale.
Court adjourned until $50 o'clock,
p. NJ.
At Thursday afternoons session of SUI
perOr court, H. Ii Ward, representing the
defendant in the divorce case of John d.
pougherty VS.. Annie f. Dougherty, stated
that witnesses for his client resided out OF
the State and that considerable expense
would be entailed in bringing them here to
testify. lie asked for an order on the
plaintiff to make an allowance for this
purpose.
Charles u. Lore, plaintiffs counsel, re,
sisted the application, The court directed
Mr.. Ward 10 proceed with his work of tax
ing testimony and make the application
for an allowance at the February term
The case Of James i. Wood & Brother vs.
Alfred b. Vernon was announced as hav-
ing been referred for trial by referees.
Court adjourned until o'clock Friday
morning.
The applications for liquor licenses were
taken up at Friday mornings session OF
general sessions court. There was notice
able absence of the usual crowd of in
terested spectators, but w. s. Prickett
counsel for the Law and Order League,
was on hand to conduct the opposition.
lie was armed with blueprint map,
showing the location of the various liquor
saloons between Front and Fourth streets
and Market and Church streets, to be used
IN IN endeavor to reduce them in number,
# possible, and to prevent the granting OF
licenses to amy new places.
The first case taken up was the applica-
ton of William ]. Mclaughlin, No. 429
West Second street, corner Of Washington.
1t is new application and was represented
by ]. Frank Biggs. MIR Prickett said there
were plenty of saloons in the immediate
neighborhood and that the people living
around there were opposed to the applica-
ton, He also objected on account of the
proximity of the place to No. school and
Calvary +. II. Church. Mrs. j. Morton
Poole, who lives across the street. at No.
207 Washington street. said she thought
the saloon would ininre property IN that
ncighborhOod and prove detrimental to the
morals of the immediate community. Mrs.
Anna H. Williams of No 2O5 Washinton
street, also thought this saloon would be
an injury To the neighborhood and preiu-
dical to the children attending No.
school Similar objections were urged by
Mrs. Mary Fitzpatrick of No. 202 Wash
ington street the Rev David Howard, rec
tor of Calvary T.. r. Church, Captain Alex.
ander Kelley of No. 2l3 West street and
Howard Pyle Of No. 207 Washington
street.
In reply Mr.. Biggs read letters of recon-
mendation from Councilman William G.
Baugh, Or. j. z. Fahcy, ex-Sheriff John
Pyle John NJ, solomon, City Auditor John
a. Mitchell, T. A. shannon, William II
Blake, Davis q Co., County Collector
George w. Mckee, A. ]. Kooch, Il. L.
Messick, A. T. Gearey and James NJ
Thorn. Oral testimony in the applicants
favor was also given by L. L.. Messiek
John A. AhrenS, Joseph Murphy and
Andrew j. Dougherty, residents of the i'm
mediate vicinity.
HE MGsREPREsENTED HIS AGE.
John Craven, who keep a saloon at the
southeast corner of Ninth and du Pont
ing liquor to minors. MIR. Prekett called
Joseph l.. McCaulley u young man &c
years of age, who said he bought liquor at
Craven's saloon, from his wife and became
so much intoxicated that he was arrested
Willard Salisbury, Craven's counsel, adj
mitted that McCaulley got liquor at
Craven's place twice, but showed that he
was asked his age and represented himself
to be q years of age. On one OCCASION his
brother youched for his age McEanlley
admitted that he was asked his age at his
first visit and replied, eff ! wasn't 81 do
you think I'd come in hereT Testimony
in favor of Craven was given nv RdHn NJ