The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1891-11-11
FIFTH EDITION.



The Superior Court of Delaware for
New Castle county met In special ses.
sion this forenoon at the court house
at, 10 o'clock, and few moments
afterwards Crier Smith declared the
court open. Chief Justice Comegys and
Associate Houston appeared upon the
bench at the opening OF the court, and
at ll.30 Associate Cullen appeared and
and took mis- seat Associate Grub
came in, looked on for a few moments
and then left, lie having no right TO
sit in this county. L. O. Hardesty,
court stenographer, recently appoint
ed under new low of the Legislature,
appeared for the first time In his OIL
cial capacity.
Benjamln Nields, Esq., attorney for
John A. Cranston and Charles NJ.
Groom, bondsmen for ex-'rax Collector
George W Mckee arose and asked to DO
granted the privilege Of withdrawing
the application for q writ of manda-
mus to compel the Levy Court to en-
ter satisfaction upon tho Official bond
Iof the said George w. Mckee. He
stated that the amount fixed by the
Investigating committee OF the Levy
Court was SO much less than what was
Ifirst talked about that for this and
other reasons no desired TO abandon
quest OF Mr.. Nlelds.
The case of j. 4. Richardson, tax col
Ilector for Mill Creek Hundred for 1888,
was called and neither MIR. Nields.
counsel for Benjamin Duncan, one OF
the sureties of MIR. Richardson, nor
MIR. Bradford, counsel for the Levy
Court, being present q recess WINS ta-
ken until IL o clock.
1t was ll.30 o'clock when the Court
resumed consideration OF the Rich
lardson case.
In opening, Mr.. Bradford stated
that on the oath of May, 1889, judg-
ment was ordered entered on the olfl-
lcial bond of j. L. Richardson, tax col.
llector of Mill Creek hundred.
MIR. Nields, counsel for Benjamin
F; Duncan, one Of the sureties Of Mr..
Richardson, had obtained a rule to
show cause why thatjudgment should
be opened, and this morning, he, (Mr,
Bradford made a motion to uuash
that rule, and the argument now came
up on that motion.
MIR. Bradford then read the affidavit
made by Benjamin Il, Duncan before
IProthonotary Borty, showing how he
was Induced to become surety on the
bond, the conditions being that MIR.
Richardson's wife Rebecca, who he
SO d was possr ssed of a freehold worth
$500, and Benjamin W. Dickey would
also go on the bond. Mr.. Duncan
avets that Mr. Richardson and Howard
j ordan, then a member of the Levy
Court, came to him representing that
Rebecca Richardson and Is. w. Dickey
had signed the bond, and only on such
representations was he induced to
sign 1t.
1t afterwards turned out that Mrs.
Richardson had not signed the bond,
and even II she did, being married
woman, she had no right to sign it.
Mr.. Bradford then took the ground,
list, that Mrs. Richardson being a mar
ried woman had no right to sign tho
bond.
End, that Howard II. Jordan, said
member of the Levy Court, was guilty
OF perpetrating fraud.
Sd, that although Jordan committed
Ia fraud no knowledge OF the fraud was
charged HNainst the other members Of
the Leyygourt.
4th, that Duncan had agreed to sign
the bond upon condition that Rebecca
Richardson should sign 1t, which was
not done though II was represented to
MIR. Duncan by Jordan that she had
signed 1t.
MIR. Bradford said the rule should b4
quashed on two grounds
list, assuming that all the statements
made by Duncan In his affidavit arc
true, the alleged forgery of Mrs. Rich
ardson'5 name is no defence to Dun
can, as the Levy Court was not party
TO that fraud.
I'd, that It Is immaterlal whether Mr..
Duncan insisted upon the execution
OF the bond by Mrs. Richardson, as she
bad no power under the law to bind
herself as surety, she being mar
ried woman.
MI, Bradford said 1t WIS tho money
Richardson owed the county that he
was after and IL made no difference to
him whether Duncan paid IL or the
woman paid it, but Mrs. Richardson
had no legal power to bind herself for
the money even II she desired to do so.
9Mr. Bradford then began TO quote
law decisions bearing upon the case
and continued until the court took its
noon recess.