Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1890-12-18

1850 pNNh hNaoAltti lIOill tilt ululilk-TbOUl
he came across some receipts, which wer,
offered to show that he had, after, 1876
Kept on dealing with the plaintiffs, order
ing liquors and paying for them.
The case was still on when court took d
recess until 10 O'Clock, Friday morning.
The case of Huey & Christ VS.. Jacob h
Hyatt, was finished at Friday morning's
session OF superior court. There was but
| little additional testimony; the case wa,
argued by counsel, and the charge Of The
court was delivered by Judge Cullen. He
said that unless the defendant as alleged
admitted his debt TO the plaintiffs in 1888
the latter were debarrcd from recovering
by the statute of limitation. The conflict
ing testimony upon this point was a matter
for the jury to reconcile and determine
accordingly. /, AT 1920 O'Clock the jury re
tired.
The case of the Wilmington Mills Manu-.
featuring Company, defendant below, VS.
Samuel W McCaulley, plaintiff below, was
referred for trial to referees, to be selected
by counsel.
In the case of James Palmer & Sons OF
Rochester, N. y, VS.. the ]. Barkley &
Brother Company of this city, judgment
was allowed the plaintiff for S2s3.6i.
Court took a recess until $50 p. m.
At 2,i5 O'Clock the jury in the case of
Huey d Christ VS.. Hyatt returned verdict
for the defendant.
In the case of Herman Just VS.. John H.
Longstreth, in the superior court in the
afternoon, an inquisition at the bar
was taken, there being no defence. The
plaintiffs claim was Si3S.3l, for work and
labor and S1S for board and taxes paid for
defendant, amounting to Sl67.90, a total of
S32i.2l, less rent due, which reduced the
claim to $25633. The jury rendered YER
dict in favor of the plaintiff for the amount
claimed.
The rule to show cause why the sheriff s
sale of the property of John A. Derrickson,
in Blackbird hundred, should not be set
aside, was heard this morning. The sale
took place on November llth, and was
bought, in two tracts, by Eugene ID. II.
Sutton of this city, l5l acres for 81, 400, and
20 acres for 81 200, total of $500. N. w.
Davis represented the rule, and his grounds
We're error in description of the property
and inadequaey of price. Thomas Hol-
comb opposed the rule.
II was shown that the farm is in Black
bird hundred, but was advertised as being
in APPOINTMENTS. Mr.. Derrickson said
he considered the first tract worth 1875 per
acre, or S3,775, and the second tract $50
per acre, or $3.50, a total of S6.025.
Nathaniel Williams thought them worth
$50 and SIS per acre, or 1920 and 81 ,S75,
respectively, a total of 81 SO5. In reply
Annanias Ennis, an adjoining land owner,
thought the sum realized ut the sheriff's
sale, $1,000, was fair cash value for the
farm, as much as he would care to give for
it. Mr.. Ennis admitted in cross-examina-
ton that there had been trouble between
him and Mr.. Derrickson, years ago, over
the strengthening Of the dividing line be
tween their two farms.
did you ever have fight over it?" in
quired Mr. Davis.
''Well, replied the witness, "heclim over
the fence one day, took me by the collar
and kicked me two or three times; but
that's all"
The rule was made absolute and the sale
set aside.
1t was announced that theliquor licenses
will be taken up for consideration the day
following the completion Of superior court
business next week.
Court adjourned until 10 o'clock, Monday
The case of James Nangle VS.. Thomas
Logan, was tried at Monday mornings
session of court. Levi G. Bird for plain
tiff no defence. The suit was to recover
for work and labor. Nangle was bar
tender at Logan's saloon No. IL East Front
street, and claims that from April, 1887,
until January 18th, 1890, he received but
$50, leaving a balance due him at the rate
of 80 per week, and including interest to
date of II, 327.20 There being no defence,
the jury at once rendered verdict for this
Arrangements were next made for the
trial of the case of Daniel Quigley VS.. the
Mayor and Council Of Wilmington, action
tor damages. Levi G. Bird and Tilghman
Johnston for the plaintiff and Bradford 4;
Vandegrift for the defendant. A special
panel had been summoned for this trial
but two members, Henry Clayton of
and Columbus Watkins of
0desss, were not present Mr.. Bradford
said he wanted them present before enter
ing upon the trial, but Mr. Bird did not
wish the trial delayed on this account al
he two gentlemen present, The trial
ury was then drawn, and Mr.. Watkins
name was the first to come out Of the box,
while Mr.. Claytons name was drawn out
soon after.
The action is brought to recover damages
'or injuries alleged to have been sustained |
~ the plaintiff at Eleventh and King
streets on the night of Saturday, Septem-
st, 1883, He was going over the north |
'rossing of these two streets, when he fell |
nto a water-pipe trench that had been dug
~ the water department, breaking three |
'lbs and severely iniuring his head, chest,
houlder and leg, BY reason of the in
uries, it is further alleged the plaintiffs
hearing is permanently affected, while his
mental and physical faculties are so i'm
laired that he has since been unable to
In opening, the plaintiff offered in evil
lence the ordinance requiring red lights,
$ danger signals, to be placed at the ends
VI excavations in the streets, from sunset
o sunrise, and also requiring the same to
,e carefully enclosed and guarded against
he possibility Of accident.
DR.; y. 6. ,shortlidge, who attended
luigley after the accident testified to the
haracter and extent of his injuries.
Then the plaintiff, Daniel Quigley, took
he stand, walking slowly and with the
id Of cane. He told how he fell into
he trench, but could not tell its exact
ocajon, as his memory now is not very
God. He was positive, however, that
here were no red lights around the trench
t the crossing. He said he had not been
BILE to work since the accident while be-
ore, he worked steadily, earning 50 per
eek. Before the accident he was always
earty and well, never having occasion for
he services of a doctor.
Joseph Miller, was coming up Eleventh
rect in company with his wife at the
me of the accident testified to helping
ull Quiglcy out after he had fallen into
he trench. The trench was right at the
orth-west corner of the streets, was I'M
llardea by rails without lights, and a
lank II inches wide was laid across it for
eople to walk over ON. He thought the
lace was very unsafe, and only the night
etore Quigley's accident came very near
Illing into the trench himself. There was
huge pile of dirt along the south side Of
leventh street, where pipes were being
id. The trench into which Qugley fell,
hich extended from the Eleventh street
ench up King street, was about two feet !
| width and 50 deep that he could not see
le bottom OF it, After getting Quigley {
search of the police.
Alexander Gillespie who worked for the !
alter department as pipe caulker at the
me of the accident and was engaged at 1
he trench into which Ouiuley feIf said