Evening journal., 1890-09-23
LAST EDITION
EuLoeY ON JUDGE PAINTER.
Resolutions Presented to the Court OF
Chancery-Genera1 Sessions.

Chanoery-C Sessions.
The Court of Chancery held session
yesterday afternoon, but only routine
business was transacted. a short session
of the court was held this morning,
Edward g. Bradford, Esq, of the com
mittee to present the resolutions of the
New Castle County Bar Association on
the death of the Hon. John Fl. Paynter.
associate justice, presented the resolu-
tions and made few remarks.
He said "As member of this com.
mittee charged with the presentation of
these resolutions to the court, deem it
at once my privilege and my duty briefly
TO express on this occasion my arprecia-
ton of the virtues of him for whom this
bench is draped in mourning, and my
sense Of loss at his departure from our
midst. Though not having that thorough
knowledge of his life and character,
which grows out of intimate social rela-
tianship, | had yet known him person
ally for many years, observed his career
as lawyer and judge and learned to
appreciate-justly, / believe-his many
virtues and his solid worth.
Judge Paynter possessed vigorous
intellect warm heart and sincere and
sympathetic nature. He was of a modest
and unassuming disposition, and kindly
and natural manners. Courtesy and
cordiRlity uniformly marked his bearing
and address. Uniting with these admir-
able qualities the strictest integrity he
deservedly won and retained the conf.
dence, esteem and affection of all those
with whom be came in contact.
Before his elevation TO the bench he
ably performed the functions of the
several important offices, held by him to
the satisfaction OF the public and with
great credit to himself. His was an
active and useful life. While on the
bench his sound judgment, his know
ledge Of the underlying principles of the
law, and his strong legal sense, led him,
with rare exceptions ito right conclusions
He loved justice. He loved mercy.
Thus, in his application of the law, JUS
tice was found tempered with mercy.
Although beset with physical infirmi.
ties, he continued in the discharge of the
duties Of his high office with zeal and
fidelity compelling our warmest admira.
tion and sympathy until stricken down
by the Almingty hand. The community
mourns the los3 of good man and a Just
judge"
Thomas Holcomb. Esq, was the other
member of the committee. On motion
of Mr.. Bradford the resolutions were or
dered to be spread On the records of the
court.
The Orphans Court adjourned until
Saturday morning at 10 o'clock.
The Court of General Sessions and the
Superior Court convened at 10 20 o'clock.
with Chief Justice Comegys and Associate
Cullen on the bench
w. G. Spruance, Esq asked for a rule
to show cause why the slIeriff's sale of
Martha ] Filio's property should not be
set aside, on the ground of inadequate
price and misproper notice. Lilburne
Chandler opposed the rule, saying that
it had not been entered regularly, and
the case was postponed until Thursday.
John Warner, alias Walter Gibbs, alias
Thomas Smith, was charged with the
larceny Of watch and chain from e. A.
Ginder of No 925 Orange street. Mr..
Ginder fell asleep on his door step on the
evening Of August 5, and the watch and
chain were then stolen. John Z. Baker,
of the loan Office at No. 121 East Tenth
street, Philadelphia, testified that on the
morning of August 6. the prisoner offered
to sell the watch at the loan
Office for $50 Warner was
insolent when asked about the
watch, and said he bought it from
his brother, named AcGinty. When he
heard policeman called he hurried from
the store and ran down Chestnut street,
where he was pursued, captured and
locked up. The watch contained the
owners name and initials.
Chief of Police W. Y Swiggett testi-
fed that he brought the prisoner here
IL IL s.sA
Wa mer told him he had bought the
watch from man at the station. The
state rested here and the defence repre- :
sented by Walter Bacon, Esq, opened. |
He stated that he would show that the |
prisoner had borne good character. and |
on the night in question had been home |
from o'clock until midnight and until |
5 o'clock in the morning i
Emma Morris, colored. testified that
she had known Thomas Smith for four
years, and that Smith was the only
name he had He lived at her boarding |
house. No S2S Tatnall street, and on tie |
night in question came home at 8 |
o'clock, sat up until 10 and arose from
bed after s o'clock in the morning. BE II
had So note and some change when he |
left the house to go to Philadelphia. He |
returned soon after without his money |
and wanted to borrow some. She could |
not lend him any. The defence was |
raising the presumption that he had |
bought the watch
Montgomery Sullivan swore that be |
had employed Smith to assist him as |
janitor Of the Eeald Exchange and smith |
Buildings, and always found him honest. |
He loaned him 90 cents Ga the morning |
he want n phiIAdelnhia
Smiths mother testified that she had |
christened him Thomas smith, and he |
had been known by thai name ever since |
she Had Bornei Him Several wit. |
nesses swore to Smiths good character.
The state called James r. Shallcross,
recorder of deeds, and liz swore that be |
employed Smith for two months, and |
that he paid him 81 90 more than he |
owed him, and the man refused TO give |
it back. Mr. Bacon rehearsed this
rapidly, and told Mr. Shallcross to stand |
down.
Court then adjourned until 2,3O o'clock
this afternoon.