Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-05-28

nishee, and as he did not appear, a
capias was issued, on the application of
Nathaniel Davis, Esq The accused
pleaded that lie did not understand the
writ, or he would have been present,
and the charge against him was dis
missed on his paying the costs.
Shortly after IL o'clock the jurors
were all discharged until 10 O'clock
| Tuesday morning and court adjourned
until the same hour
When court convened on Tuesday the
| case Of the Phoenix Lock Works IS the
| Cnpelle Hardware Company was called for
trial, when Benjamin Nicl,is, Esq, the 1T.
! iorney for the defendant, stated that one
| of his witnesses was yeiv sick with n
severe attack Of the headache and unable
| to be present on Tuesday, He however
/ said that he was willing 10 go to trial, PRO-
/ yided he would he allowed to examine this
witness at any time when he was able to
appear.
| brother appears for the defence, objected
! and the case was continued until the after
| noon, with the understanding that Mr.
| Nields would make every effort to have his
1 witness present.
The case of Ellen McElwee vs. Elizabeth
5. McElwee, administrator, was then taken
| up and jury drawn.
This is suit to recover on due bill for
! S2i7, with interest from March 25th, 1887,
which it is alleged Allen McElwee, since
deceased borrowed from his mother
number of witnesses were examined
for the plaintiff all of whom testified that
his mother loaned him the money and
several identified the due bill as being his
handwriting.
William S. Hilles, Esq, appears for the
plaintiff, and Thomas Davis, Esq, who
represents the defendant, subjected each
OF the witnesses to a long and searching
cross.examination but in neither case did
he succeed in changing their direct testi-
mouy,
When the plaintiff closed, Mr.. Davis
made brief address to the jury for the
defendant, in which he claimed that he
would show that at the time the due bill
was given, Allen McElwee had just re-
covered from a severe spell Of sickness,
which had impaired his mind, and that he
was MOI! in condition to know what he
was doing
Mr.. Davis then called several witnesses
to establish these facts and when they
closed one witness was called in rebuttai
As this closed the testimony on both
sides, Mr. Hilles commenced the argtI.
ment for the plaintiff by citing number
Of authorities TO the court, after which he
addressed the jury.
Mr., Hilles spoke until 1910 o'clock and
was followed by Mr.. Davis for the de
PENDANT.
When he closed at 1855 o'clock the
court without charging the jury took a
recess until go o'clock.
Court resumed proceedings at go
O'Clock on Tuesday afternoon and Mr..
Davis concluded his argument for the de
PENDANT IN the case of Ellen MclSlwee VS.
Elizabeth S. McElwee, administrative.
After citing Il number of authorities to the |
!. r. =
Hilles for the plaintiff. He spoke until |
$40 o'clock, when the jury were charged |
and retired at $40 O'Clock. After being |
out 30 minutes, they came in with ver- |
diet in favor of the plaintiff for $3i6. 50 |
being the full amount claimed, with in
terest,
The jury was then drawn to try the case
Of the Phoenix Lock Works vs. the Capelle
Hardware Company. IIoffeeker and Hof-
fecker appeared for the plaintiffs, and
Benjamin Nields, Esq, for the defendants.
This suit Is brought to recover for fifteen
dozen Eureka sash locks which, it is
alleged were bought from the plaintiffs
by, the defendants July 18th, 1857. The
price was $1,000, but with the discount
Oft, was only STOPS which with interest
from the time the bill was contracted, is
sued for
John Y, Bazell testified that he is an
agent Of the Phoenix lock works and in
-
Capelle's store in this city when the con
tract for these locks was signed, as far as
he could remember, BY the bcokkeeper.
The contract, was offered in evidence
when Mr.. Nields objected on the ground
that nothing had been said in the bill Of
particulars about any contract between the
parties.
Quite a lengthy argument ensued, and
finally the court decided to accept the
testimony.
The witness then proceeded and stated
that after receiving the order from the
Uuapelle Company, he turned it over to the
never been paid. This witness was cross
examined at length by Mr.. Nields.
Edward q. Bailey testified that he is the
treasurer Of the PhmniX Lock Company.
lie identified the contract signed by the
Iapeile company, and also receipt forthe
locks, signed by tho expressman nj
Newark, n. j. He was afterward informed
IN August, 1887 that the Gapelle company
adretuscd to acceptthe goods and thatthey
New rk,subjectto his orders They were
IN were returned in September but previous
to that time the witness had not received
any advice from the Capelle COMPANY
comntermanding the order
lie was cross-examined by Mr.. Nields.
and when he left the stand at 4 30 O'Clock
court took a recess until 10 o'clock We'd
nesday morning.
Nheh inc superior court convened at 10
a, M. yesterday, the first half hour
was consumed in hearing motions on diff.
ferent cases.
AT the end Of that time, the case of the
'hgnix Lock Company Of Newark, j.,
vs.. the Capelle Hardware Company of this
city. was taken up again
John Y. Bassell Of the Phoenix Lock
Company was recalled, and considerable
was caused during his exami-
nation by Mr.. Nields, who was endeayor-
ing to show by the model which was ex-
hibited in court that the patent was worth j
less While the witness was explaining {
the workings 0f the model Mfr. Nields
A''A1Rhed it from him. 1t was afterwards.