Daily Republican., 1890-01-04
FIFTH EDITION
the SUPERIOR COURT.

McCoMb- Arguments on tho wiin,.
Now Trial Case -Adjousn,npn, I'm
Monday, january II.
Tho Superior Court OF Delaw +,
aud for New Castle county net ID,
morning ut o O'Clock, Chiei lu.is
Comegys and Associate Justices pAyas
and 0rubb on the bench. A july hirI
been drawn the day before ~ Try \
case Of Elizabeth u. MoComb, ez .a'ul
Va. Tho Southern Railroad romA.i
that case was called for trial uc1,s
Bates, Esq, appeared for plrlllil Vi
George Gray, ESQ.,, Tor defendant. n.
Bates stated that the only ditlefencs ).
tween this case and that tried "a Tlst
day was that in tits case the llAi.p,
was tho executiix, while iu tcotatr.a
appeared tor her individual sell uni Il.
| amount IN the latter case was Tor ii
Railroad COMPANY with the guIta @, 4
the Southern Railroad Association.
With these exceptions The two csAa
were preciEely similar anil thu slaa
proofs were offered. The value Of IA
bonds with interest added 10 date VI
s43i. 100 and The jury being charged, ~
dercd = verdict for plainllti Tor Tie VII
amount.
Associate Justice Houston having on,
10 aud taken hi, seat. argument Was u.
stunned on tho Williams new trial rasc.
| States Attorney John Biggs taca re.
sumed his argument where he loit o. thu
evening before and cited more aglllrne,
to show that this was not r.se hat
came within the proylcce OF new ,al.
In summing up Mr.. Biggs said COB.
ceding for sake OF the argument What III
prisoners counsel exercised due III.
geuce, what II was impossible Tor tia
to know, AsceTtaiued tho fact OF TIE 10
tionship before tho Trial and thst q
did not wAive their right. by fellngl
challenge, notwithstanding they h
three challenges left.
Conceding for FAKE of the arguHt,
that the Law does not presume that v
juror wss fair and Impartial QUE ~
that 10 not incumbent upon the pri 4
to prove that he was in fact iniuela
by the caueo alleged.
Conccding fer sake OF argument, u
nothsianGins We have no statute D
qualify ingttLis juror, which your losl
before tho trial would have allow
challenge for cause upon tho prlma "
appearance of the relationship.
Conceding for sake OF the argunrl
that alter the verdict this matter may
inquired into aud that It 10 not row +,
late to determine whether or not The il
sons assigned iu tho case, under the ii
cumstances, are sufficient to set aside 1
verdict.
Couceding for sake Of tho aTgumea
that understanding the ista,o Ia paH
to the suit, the relationship OF the Igt
to the deceased IL of the .amc elect, al
the juror were related to the piisoue',
were related to the plaintiff or de.eniiF
In a civil suit. .....
Even then We are brought TO '@ fft
position wherein your honors sic Nh
to set aside the verdict solely upon "
ground that ore OF the jurors Wa, =
sumod to be biaAed or prejudiced, bscaia
he WAS u second cousin TO the deceased
when he has sworn, tina. he had 10 II
changed words with the father or nsas
of the deceased for thirty years; the.
doubts II they even knew him; thai
1 does not remember ever having .eea
/ deceased; with the fact Of the rela'i
j ship did not occur to him until q
time after the trial had begun; and
J.. he was In no way biased or influenced
II.
IL Then l submit with all deferena
Whatever decisions your Honors may
o der 10 this case, that narrow inder
a the ground upon which my Leaf
q. of this State for more than . centnri
.k.A nA N nm az ?
W now granted under these c!rcumstsh
N Henry q. Conrad, ESQ.,, closed tx
gumeut for new trial In stronr
" convincing speech. lie trsversed ts
sunents and citations bearing upoi
!" case, lie withdrew the objections <
W as they related to Juror Dayctt, aud
y fined his remarks principally TO Tie
ut qualification of juror I.yI am, who Vi
:. second cousin OF the deceased. Nj.
NJ rad called attention 10 the fact that
81 Ing the selection OF the Jury
named Frazer " Us called to take the
~ to be qualified, when . man rtnii
-, that MIR. Frazer was an uncle u inc
~ ceased, when no WAS immediat6lI
ur jectea to and not permitted to gun
Think you not, said Mr.. Conrad,
AT both Mr. Lyman aud MIR. Dayelt vi
Ia have been objected in the came maj
70 had their relationship been know,
II. In closing Mr.. Conrad shovel
strong the relationship Of blood WAS,
We though We may think II does not
ht enee us, yet It insldiously draws Us
90 getEcr and exerts an influence, h1
u unfelt or unperceived.
Mr.. Conrad made q very strong b
uf speech, aud at 10 O'Clock court adiel
MI until Monday. January IL, at loco
g. IN.