Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-03-05

taken up.
Daniel Rhoads, who had not finished
his direct examination when court adj
aonrned Wednesday night, was recalled.
Mr.. Lore's cross-examination of this
witness was searching and severe, and
When he left tile stand Mr.. Bradford
ANNOUNCED that the defence would rest.
Mr.. Lore then called Thomas Il.
Blakely in rcbuttal, and he contra
dicted several statements made by the
previous witness.
This closed the testimony on both
sides, and after the court had limited
each side TO one hour and hall, Mr.
Emmons commenced summing up for
che plaintiff. The argument was con-
tinued until after 4 o'clock, when court
adjourned until 10 o'clock this morning
Argument in the case was resumed as
eoon as court convened on Thursday,
and continued until II O'clock, when
the jury were charged by Chief Justice
Comcgys. The charge was completed
and the jury retired at 1925 O'Clock.
After being out about 20 minutes they
returned with verdict in favor of the
defendant.
On the application of Michael Byrnc,
lisu., writ of habeas corpus was
who is now in Jail on a charge of dis
posing of his goods to defraud his
creditors.
EN-Secretary Bayard, in superior
court Thursday afternoon, impressively
related the pathetic sequel TO the mar
liage, zen years ago, of brilliant and
beautiful young American girl 10 the
proIligate scion Of an Irish peer. 1t was
4 tale of neglect, desertipn, vciousness
and cXtunion, and for the first time re-
yealcd TO public view, the details of the
allegations upon which Mrs. James
Burke Roche petitions the courts of Del
aware for u decree Of absolute divorce
from the husband who, falling to eXtort
more money from her father, deserted
her and their children over five years
ago, never since contributing farthing
to their support
Mr.. Bayard's appearance in the case
was due to the absence OF Senator Gray,
senior counsel for the fair plaintiff, he
being in attendance upon the funeral of
Senator Wilson Of Maryland. The
formers argument to the court signal
lied his first appearance as a pleader
before the Judges since his laying aside
the duties OF public Office and returning
to the practice of law II was also the
cX-Secretary'S first appearance before a
legal tribunal Of the State of Delaware
i'll nearly score Of years. The fact that
Mr. Bayard was to address the court
was known tobut half a dozen lawyers,
and there was only handful of the
usual court hahitues in the audience
chamber, yet despite the fact that his
dissertation was in the main upon the
legal points at issue, a dry theme to lay
men, every Guditor sat through the hour
and half's discourse, following every
uitofanca with the closest interest.
The profound silence was an elo-
quGnt tribute TO great effort.
Even the usually dull law quotations
seemed illumined with keen interest as
tic citations fell from his lips. Close
UP to tie bar Of the court Mr. Bayard
stood behind small range of law books,
with a paper containing as notes the diff
terent legal aspects he was to cover.
Ills sturdy form assumed an easy sway
ing motion as lie spoke, as il in en-
phasis Of the argument. That earnest
ness, concentration and impressiveness
which so characterizes the man were
never more apparent than Thursday and
tho judges SAL in most attentive admira-
ton OF the matchless presentation OF
lt3lNl lutlSs W Ucn uWtlllHN upon tHt
treatment his client had undergone IL
the hands of her husband, Mr.. Bayard
was pathetically eloquent and again in
referring to the viciousness of the re.
spoudent was mercilessly scathing Il
was great effort as every one fully
comedies and the scene was a dramatic
one.
The status of the divorce case is
rather unintclligihle to the lay MIND
from the fact that certain semi oflicia
contradictory statements have beer
made. II il given out that the decree Of
separation has been practically granted
and that only certain formalities are re
quisite TO make the divorce operative
Furthermore il is understood that the
court reffains from executing these re-
quisite formalties until it fully satisfies
itself upon certain point in the domi
ciliary law. These questions are pro,
badly somewhat conflicting in the courts
mind because Of the fact that the re.
spondentis II citizen of another nation
England. 1t was mainly upon these
points that Mr. Bayard dwelt with the
most emphasis, although his argument
(after Levi G. Bird, ESD, had presented
the points of the testimony covered
every legal phase of the case. Aftel
reviewing the suit, analysing the statu-
tory, requirements and their fulfill.
ments, Mr. Bayard spoke plainly and
with directness to the court as to it,
Fights and jurisdiction, and asserting
hat in view of the testimony, facts and
heir meeting every statutory requisite
refusal to grant decree Of divorce
you'd make this case will stand ou
onspicuous in the or front of Ameri