Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1890-01-02

One Civil Case Conctuded and 1. An
other STARTED,

one Civil Case Conctuded and AM
other started.
Announcement OF settlement of two
cases on :he trial list was made at Monday
mornings session of superior court, as
follovs: James B. Fogsrty vs.. Henry
Dugan, trespbss with force and arms,
! Judgment for plaintiff for costs; Joseph
Bellah vs. Sheriff Allen, replevin, judg-
ment for defendant for coBts.
An ipquisition at the bar was taken In
the case Of 8. Redmond Smith VS.. Thomas
j. Killoran, foreign attachment Benja-
mia Nieids, ESQ, for plaintiff. The case
4 grew out of MIR Smith going security to
the amount of $500 for the appearance of
/ Killoran, who WAS arrested for DESERVING
his wife and required to give $500 Sc
curity for providing her with support to
the amount Of S. per week, rs ordered
b. the court. He ssid he could give the
security if permitted to leave the court
room to hunt for bondsmen, and Mr..
Smith became his surety to the court IN
iii he could find other bnndsmen. Kiiloran
left tho court room and failed to return,
so that Mr.. emith had to pay the amount
of the forfeited bail bond. Killoran
owns two houses In this city, and Mr..
Smith had foreign attachment issued to
secure himself against loss by KILOGRAMS
perady. After AIR Smith had proved the
above facts the jury rendered a verdict in
his favor for $5l7.50, the amount of his
olsim with interest to date.
The Case OF George p. Peterson and
Selma A. Peterson, his wife, We. the Bal
timore Il Philadelphia Railroad Com
pany, was continued until the next term.
In the case Of Mary Fenton VS.. Edward
Naw 40
j. Lore, Esq complainRnt'A counsel, ap-
piled for an order on the respondent to
pay $3.50, slimony and expenses, pend
ing the trial. Mayor Harrington, re-
Hpondent's counsel had no objection and
the order was made by the court.
The case OF Gaw,hrop & Brother vs..
Evans Pennington was taken out of court
and referred to referees to be selected by
the prathonotary.
Argument for arrest of Judgment in the
case of George Williams, colored, con-
yioted of the murder of Walter r..
Wright, was fixed for Wednesday morn
ing at O'Clock.
Court adjourned until Tuesday morn
inc al . O'Clock.
The case Of ex Sheriff Thomas Ford,
d. b. a., va. Patrick Cannon, p. b. T.,
: was tried at superior court tuesday morn
ing. 1t was an appeal case. Cannon built o
J cellar wall for Ford, amounting to 40. Q
/ perches, a, Sl25, or $5l.l2. Action was
brought before justice OF the peace and
: Judgment recovered, whereupon Ford
! appealed. The amount claimed is $57.0 OF,
| including interest from November 14th,
, 1887. Johnston u Hayes for plaintiff and
! Lilburne Chandler, Esq for defendant.
| This defence was two-told; First, thai
the plaintiff below had never been en-
| gagged by the defendant below to do the
work; second, that the wall had been i'm
; properly constructed so that it fell down
/ and had to be rebuilt. MIR. Ford teRtifed
, that he had simply superintendent the
= construction Of the building for the
1 owner. Charles j. kyle that he did moi
. hire Cannon, but referred him TO Kyle
Q that Cannon offered to do the JOB FOL
q Sl.l5 per perch and persisted in ioinf
: the work In very loose manner, despite
+ nil protests, using stones far too small
s that after 1t was put no thu
' wall fell down. Mr.. Ford claimed thai
3 he had no financial responsibility in tb,
0 matter and dill not employ any men Il
Q work on the building or pay them TO
: their work. There was o lot o
a contradictory testimony, after which tn,
Q case was submitted without argument o
8 charge. ''rAke the case, gentlemen, ant
4 do the best you can with it," said Chic
, Justice Oomegys, and AZ II. Is O'Clock th
3 Jury went out. In Just 10 minutes
I verdict was returned for Patrick Cannon
y for the full amount claimed, $5T07.
The next case was that OF the Birdsal
! Company, OF New York, VS.. Theodore H
8 Armstrong of Middletown, j. Alexande
Q Fulton, Esq, OF Dover, for plaintiff ant
/ Attorney-genera John Biggs for defen
y dant. The action 10 for recovery on thre
It promiLsory notes, as follows: $500 date,
"a July 14th, 1885, $lG5 dated Novembs
i goth, 1886 B4O0 dated December 4th
1856. The notes were given in peymen
Z for traction engine, separator an
d thresher, but the second given in pay
@ ment for the separator contained 3 pro
It yIso that the title to the machine was no
" to be vested in the purchaser until tn
l. motto was paid in full. The other tw
u were ordinary promisaory notes.
d The defence was that the machinery
- which at the time OF the sale was wal
N ranted to be in first. class condition
d turned out 10 be inadequate to perforr
20 the work required, and that what work
10 did do WAS very unsatisfactory. Plaintiff
attorney ODlocteU tuht no oFluenob hb I
\, the defects of the machinery could
t, received as a claim Of partial payment
upon the notes. Objection overruled.
70 Mr.. Armstrong testified that at Ii
u time OF tho sale the agent OF the compan
9rr represented the machines In the MOI
T. fllttering manner. The engine was rate
u at I2-horss power but turned out to
barely 8.horse power, while the 9th,
machines failed TO work properly. Oth'
of testimony vas heard going to establis
the worthlesaness of the machines. II
6, case was still on trial when court al
= iuurned for the noon recess.
IN All the testimony in the case OF IL
ty Birdsall Manufacturing Company v
Theodore Il. Armstrong was heard
80 the afternoons session ofss court, aI
the case was argued. court then a
n. journed over until this morning, yeste
h day being legal hol day. rhe arg
" ment for new trial in the case OF GeoTi
sa Il. Williams, colored. convicted of Il
~ murder of Walter &. Wright, which "