Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-02-19
SUPERIOR COURT

yesterday afternoon week, with the
chances in favor Of disagreement.
Chief Justice Comegys said, in refer
ence to the motion of Mr. Nields for a
postponement in the election case of +.
B. Cotton, that the court had considered
the matter and did not think it neces-
sary TO postpone the case until the next
term, unless additional testimony was
offered.
Mr.. Nields said that he could produce
additional testimony, and called Drs.
Bullock, Wales and Shortlidge, each of
whom testified that they had recently
seen the witness, Mclaughlin, and found
him in very bad condition. He has
been suffering from nm liberated Jaw,
and is still very ill, with considerable
fever
Encouragement Biggs called Drs.
Tomlinson and Hughes, who testi-
fed that they also had seen McLaugh-
lin and considered him fit TO come to
court without any danger.
After hearing the testimony the court
decided to take up the case next Wed
nesday morning.
Israel Faryall, an aged colored man
OF Odessa, who was indicted for selling
liquor without license, pleaded guilty,
and was sentenced to pay the costs and
fine of $50. He informed the court
that he was not able to pay the tlne,and
consequently he will have to 90 to Jail.
The bail bond of Elwood Clark, in
dicted in one Of the election cases, was
declared forfeited, as he failed to answer
when his name was called.
f. IL. Hotfecker called the attention of
the court to the case of Lewis Cox, who
with Joseph Nielsey, pleaded guilty to
the larceny of a brace. Mr.. HofFecker
called Walter II. Hayes, who testified to
CoX's previous good character He was
sentenced to pay the costs, SO restitu-
ton money and be imprisoned one
month.
NlelSey howeAer was not so fortunate.
He called Sheriff Simmons who spoke
in his favor, but when the records of the
court were examined. IL was found that
he had been convicted before. lie was
sentenced to pay the costs, S2 restitu-
ton money, be imprisoned three months
and whippedwith 10 lashes.
About 4.30 o'clock note was re-
ceived by the court from the Spoerl
jury, and il was learned that ii was
request from one of the members
to be allowed TO use telephone, to send
word to his home that he would be away
all night.
The jury remained out all night. 1t
was reported that they stood 8 TO in
favor of a verdict Of not guilty.
Court convened at 10 O'Clock Thursday
morning, with all the judges present.
The bail Of Elwood Clarkson, who
was charged with illegal voting, and
forfeited yesterday was on motion of
Walter II. Hayes, RENTED and the for
fixture removed, as the defendant was
in court. The case was continued until
the May term.
Joseph Norton, who pleaded guilty to
larceny, was sentenced to pay the costs,
restitution money, and be imprisoned
one month.
The court, on the application of Ben
jamin Nields, decided to postpone two
of the cases against +. b. Cotton until
the May term, but to try the first case
at this term.
The Jury in the Spoerl case came in
at II o'clock, and after reporting that il
was not possible for them to agree, were
discharged Mr.. Turner asked that the
case be again taken up at this term, but
as Deputy Attorney general Davis OBJ
1ected, 1t was continued until the May
term, and the accused was held in 81 900
bail for his appearance at that time.
The case of the firm of r. b. Nichols
q Co. of Boston, VS.. the Wilmington
Transfer Company, was then taken up
and jury drawn. Tilghman Johnston
represented the plaintiff and Ii. H. Ward
the defence. This is suit to recover
$3.50 which the plaintiffs allege are due
them for Victoria hanson furnished to
the defendant company.
Robert b. Gibbs, an agent of the
builders, testified that in August, 1888,
he sold hanson to the transfer com
pany for $3.50.
The vehicle was sold on condition
that it should be satisfactory to the tray
cling public, At the end Of the month
Mr.. BURNETT told him that the carriage
was satisfactory, and they would take
two more, provided the builders would
take stock In the company in payment.
He guaranteed that the stock would
pay 9 per cent interest, but the witness
told him that he had no power TO act in
the matter
r. B. Nicholas testified that he is a
member of the firm of Nichols & Co.,
carriage builders of Boston, and that he
had sold carriage to the company for
$3.50. They seemed very well satisfied
with the vehicle, but had never paid for
il. Mr.. BURNETT told him that the car
riage was very satisfactory and wanted
TO engage two more. He, however,
wanted to give the witness stock in the
company for them, which he declined to
take, but offered to furnish them on in
stallments.
At LOS O'Clock court adjourned until
$50 O'Clock Thursday afternoon.
Court resumed proceedings at $50
O'Clock Thursday afternoon, and i'm
mediately after the opening again took
up the case of Nicholas & 90. VS.. the
Wilmington Transfer Company For
the defence, John Stewart testified that
he has been employed by the Whining
ton Transfer Company since November,
1888. He remembered when the hanson
was brought here, and knew that it did
not give satisfaction.
James f. Casperson, member of the
company, said that he is the general
manager, and that no one had any
authority to buy anything unless they
were instructed by the board of direc-
tors. He knew when the hanson was
brought to this city, in November, 1898,
and remembered that it was very unsat-
isfactory. Before it was brought here
he had ridden in one of the coaches in
Philadelphia. While he was in Phila-
delphia he examined one of the coaches
in every way, but told Mr.. Gibbs, the
agent, that he had no authority to buy
one. He then Offered to let them have