The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1891-02-12

The jury In the Spoeri case was still
out when court convened at 10 o'clock
this morning, but came in at 10. 40
o'clock and said they could not agree.
They were discharged.
Elwood GARRISON, colored, who was
charged with illegal voting, came into
court and Mr.. Hayes asked that the
forfeiture be removed and the case
continued, and the application was
granted.
Joseph Norton, who pleaded guilty
to an indictment OF larceny, produced
evidence of good character and WAS
sentenced to pay the costs and be Inn
prtsoned one month.
The case OF +. b. Cotton was again
taken up, and as Mr.. Nields again
urged his objections against taking
the case up this term, 1t was finally de-
cided to take up two cases at the May
term and one on next Wednesday.
A jury was then drawn, and the case
OF ID. L. Nicholson VS.. The Wilmington
Transfer Company was taken up for
trial, with Tilghman Johnson, Esq,
for the plalntiff, and H. ID. Ward, Esq,
for the defense.
After brief opening by Mr.. John
son, who stated TO the jury what he
intended to prove, the examination of
witnesses was commenced.
Robert b. Gibbs was sworn, and
testified that he is connected with the
firm OF Ii. p. Nichols j. Co., OF Boston,
Mass, and that in 1888 he sold vehicle
10 the Wilmington Transfer Company
for $3.50, on condition that they should
try 1t for one month. III It proved
satisfactory il was to be paid for. IL
not the plaintiffs were to take II back.
Mr.. Burtnett informed him that the
Victoria Hanson. was success, and
that they would take three more II the
firm would take some stock and guar
anteed 9 per cent dividend.
The witness had no authority to
enter into this arrangement and wrote
to the company, who declined to take
hold OF 1t. The Transfer Company
then complained that the carriage
would not track and refused TO pay
for 1t. Mr.. BURNETT had stated to the
company that the carriage was very
satisfactory, and that under the con
ditions referred to they would take
some more.
Mr.. Ward cross-examined the wit.
ness at length, but failed to change
his direct testimony in any material
| respect.
George N. d. Gibbs, a former super.
! intendent of the Wilmington Transfer
Company, testified to the fact of the
carriage being bought, and as far as
he knew the company was satisfied
with il.
II. b. Nicholson testified that he is a
carriage builder in Boston, and has
been in the business 3S years. A letter
was produced dated June II, 1855, from
Mr.. BURNETT, In which he stated that
his company was very anxious to try
one of the carriages, and that II 1t was
satisfactory they would buy it. He
afterwards had an interview with the
officers of the company and they
agreed to take one.
lie afterwards saw Mr.. Burtnett
and said the carriage was very salts
factory, and that they wanted two
more. He also said that the company
had not the money to pay for them
but would give stock, which the wit
ness refused to take.
At ! o'clock court took recess unit
$50 O'Clock this afternoon. -
| 49,
Police Cases.
The following, cases were disposed
of before Judge Ball this morning:
| Thos. Ryan and Levi Ruth, charged
with assaultlng Ollie Francis, colored
on last Saturday evening, We're ar
raigned. Ruth was discharged ant
Ryan was fined 200 and costs and i'm
prisoned one year.
]. Schultz, for assaultlng his wife
was discharged on payment of costs
Edward Givens, for assault on II
Whitcraft, was fined SIS and costs.
J. S. Edwards, drunk, fined 81 an,
costs.
Jonas Heck, drunk, fined So am
costs.
Frederick Ecker, dismissed on pay
mcnt of costs.
Thomas Davis, vagrancy, fined o
and costs.
VIM. Conner, drunk, fined 81 ant
costs.
Robert Brady, drunk, fined 81 AM
costs.
Edward Donahoe, drunk and es
posing his person, was fined $40 an
costs.
Patrick Dewarren, drunk, fined .
and costs.
VIM. Herrigan, drunk, fined So am
costs.
/