Evening journal., 1891-06-12


10 o'clock this morning.
The court reversed the decision of the
register of wills In the Bennett will case.
and the question will go { . Jury at the
September term of court.
When court convened in the afternoon
Chief Justice Comegys was absent Judge
Cullen presided. The hearing of LIQUOR
license applications was then begun.
The hrt case taken up was that OF
Patrick Biggins. who applies for a new
place at Lord and Spruce streets. w s.
Prickett, counsel for the Law and Order
Society, presented remonstrance
against the granting of license. Henry
Q Turner, who appeared for the appli-
cant, called several witnesses who
testified that the saloon was a neces-
sity.
The second case heard was that of
Daniel Mccormack & Brother, applicant
for saloon at Water and Market
streets. The case was hot contest by
both sides. DIR. Prickett presented a
remonstrsnce setting forth that the
saloon was the most disorderlv in the
city. The remonstrance is signed bv
members Of the firm of the Charles
Warner Company, Christian Febiger. a
director of the p, w. & B. railroad /;
John F. Mclaughlin, john R Hudson.
Winfield s Quigley, Charles Warner and
others. The neighborhood is well cup
piled with saloons and the place is in
tested by the scum of the city, who con-
gregRte about that corner to the annoy
ance, 1t is claimed, of all who pass that
way The crowd is composed of white
and colored people and a policeman has
to be kept stationed at this spot to pre-
vent disorder. Ii is further claimed that
women passing to the B 80 station
have repeatedly been insulted and the
members of the Delaware Field Club
have been compelled to go TO the Della
ware avenue station when going to their
grounds rather than pass the place.
The applicants we're also well prepared
for battle. They had secured as counsel
Henry Q. Turner, ] Frank Biggs. Wal
ter d. Hayes and Herbert b. Ward who
called as witnesses officers Yates, Mason
aud Taylor City Auditor John A.
Mitchell, Charles 3 Dougherty, John Fl
Hubert and e F. Smith, who testified
that the McCormscks kept an orderly
place. To certain class of people, the
officers said, the saloon was necessity.
II benefited the workmen at the Harlan
and Honingsworth Company's yard, who
drank there while leaving and going to
their work.
Elan Page, who has repeatedly applied
for a saloon at Port Penn, and who has
always been turned down, bobbed up
serenely as an applicant again this term.
Bis counsel is Henry G. Turner. Mr.
Prickett did not argue the case, but left
it to the judges
The court resumed the hearing of
liquor license applications at AS o'clock
this morning. The first case heard was
that of George M Bennett, who applies
for liquor lioeuse At MarshaiIton
Thomas Colwell, a native Of Newark and
painter by trade, testified that hotel
In Marshallton was a necessity to accom-
modate working men. his counsel
Henry Q Turner read a largely signed
petition in favor Of the granting Of the
license.
At 10 o'clock the jurors In the case Of
James E. Writ versus the B, & o. Rail.
road Company took their places in the
box and were char ged by Judge Cullen.
He reviewed the circumstances under
which the injuries were sustained by
Mr.. Writ. He pointed out some of the
discrepancies in the testimony of the
witnesses as to the exact words used by
O'Neil in giving the word to ease back
the car, but that was immaterial Writ
had sworn that a man named Hobson
was at the wreck and had given
orders, while others testified that Hobson
was not there at all 1.-THE preponder
ance of testimony" said Judge Cullen,
Indicates that Writ is mistaken in that
point, though waether be was or not is
Tor You to say" The defence he said was
that the company was not amenable,
because the orders were given by O'Neil.
who was q fellow workman, Secondly,
because of contributory negligence on the
plaintiffs part, and third, because the
plaintiff had, by signing a certain agree
ment, released the company from liza
bility. In order, said Judge Cullen, TO
secure damages 1t is necessary to show
negligence on the part of the PENDANTS.
Respecting the plea of not being amen
able because of the act of a fellow
servant, the court explained that when
the duty of a master was imposed on a
subordinate the master was amenable
for the subordinate's acts unless these
occurred through the negligence Of the
latter he stated that Wirt's orders
were received from a fellow servant and
in the opinion Of the court the company
was not liable. He also said that II
the jury believed the papers admitting
Mr.. Writ into the relief association were
signed by Writ, then they vera bound to
find for tie defendant. The jury retired
at 10. 40 o'clock. Then Mr. Higgins noted
an exception TO the judges charge, but
intimated that the case would not be
carried to the final court.
At 11.15 o'slock the jury returned into
court and the foreman announced that
they had found entirely for the de-
fendant.' They were then discharged
from any further attendance.
George M. Riley's Application.
After the jury in the Writ case had
retired, the hearing of liquor license
applications was begun. That Of George
M. Riley for hotel in New Castle was
the first. j. Frank Biggs represented
him. Mr.. Prlckett said that there
was no remonstrancs against the grant.
ing of the license, but he asked the court
to exercise discretion and grant no more
licenses in New Castle. Mr.. Biggs read
a largely signed petition in favor Of
the granting Of Riley 8 license. He called
Henry Beacon, William S. Marshall,
James D. Stark, John Kane and others to
prove that license in Riley's place was
a necessity.
Banks's Precarious Case.
The case of Edwin R. Banks, who
applies for a license at Stanton, was
next taken up. Mr.. Prickett said the
application was not signed by a sufficient
number of freeholders. He called several
of the signers. some of whom appeared,
but others did not
w n Mull;n u,os oollad as n witness