Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-12-10


d near an end at Wednesday afternoons ses-
sion of court. Mr.. Nields then spoke to the
X Jury in favor of the last will leaving the
estate to Mrs. Etheridge and occupied the
time until the hour of adjournment.
On Thursday Mr.. Nields concluded his
opening argument and then Mr.. Hilles
argued at length against the validity of the
second will made by Mrs. Bennett. He
spoke with great force and vigor, analyz-
ing the testimony with keenness, and
cogently grouping all the points bearing
upon the validity of the first will and the
question of undue persuasion in securing
the second.
Mr. Hilles' address was listened to with
much attention, and his effort was espec-
ally interesting from the fact that in this
important case, involving unusual legal
ability and careful research, he is pitted
against his preceptor in the law Mr. Nields.
in whose Office he was student
All of Thursdays session of court was
occupied by argument in the Bennett will
case.
Judge Cullen charged the Jury in the
Bennett will case at Thursday afternoons
session of superior court. He said the only
question for the jury to determine was :
Whether the paper writing purporting to
be the last will and testament of Hannah
Bennett, is her last will and testament?
And from the facts and circumstances at
tending the execution of this paper, the
Jury must determine whether she was
capable ut the time of making a will. The
opinion dwelt at length upon the law
bearing upon cases of this character with
liberal quotations from the decisions
Already handed down by the courts in this
State.
At s.l5 o'clock the jury retired, and
remained out all night, being unable to
) agree upon "a verdict.
Benjamin Nields presented petition
W from Sheriff simmons, stating that he had
in hand from the sale of the property of
John J. and Sallie G. Dougherty the sum
of 800 less sl53l, costs, or S65i.50. That
by reason Of various liens and claims
against this amount the priority of which
he could not determine, he asked leave Ia
pay the money into court, to be there dis
posed of. The petition was granted.
An inquisitlon at the bar was taken in
a the case of Libretta Raviella VS. Council q
Keenan,, there being no defence. The Jury
found the amount due to be S3i4 %. W.
s. L. Lyman represented the plaintiff. who
was an Italian stone-cutter employed by
VA the defendants, contractors on the b. IL u.
railroad, who failed, owing him wages.
Court adjourned until 10 o'clock, Friday
v morning.
Y On Saturday, in superior court, the
injury in the Bennett will case, after
+ \having been out since 3.15 o'clock Fri
.4fhay afternoon, announced their ina
discharged.
The jury stood II to one in favor of
4 sustaining the last will of Mrs. Bennett
# by which all her property was devised
70 her niece, Mrs. Susanna Etheridge
The dissenting juror was Fred. M,
Choate of Newark, and being firm in
his conviction that Mrs. Bennett was
not in condition of mind to know
what she was doing when she made the
Etheridge will, he held out TO the last
His colleagues assaulted his conclusion
N from every point of view during the en-.
tire night, but he felt that he could moi
deliberately impugn his conscientious
judgment by changing just for the pur.
pose of malIirf verdict The others
of course, wer9equally positive in theil
conviction th% the will was properly
executed and lhould stand, and so there
was no verdisy
Unless compromise is meanwhile
agreed upon lhe case will be again tried
et the February term of court.
John II. Rodney made application fol-
the setting yside of the sheriff sale o.
two lots, seized as the property Of
Il Theodore Ii. Pratt. One on Lancaster
avenue near Lincoln street, 15O fee
front by 90 feet deep, sold for $500; the
other on Lincoln street below Lancaster
avenue, 240xl50 feet, sold for $4,000
Both were purchased by George w
NJ Bush.
n Thomas Samworth said he considered
H the Lancaster avenue lot worth $1S pc
M soot, or $2,700, and the Lincoln stree
lot SIG per foot or $3.50.
81 Peter j. Ford thought the Lancaster
avenue lot worth $50 per foot, or $4,000
VA lie would be willing to give $12 per foo
~ for II as a speculation. The Lincoll
street lot he estimated at $12 per foo
all around. James Ferry's estimate wa
Sl5a$20 for the Lancaster avenue 10
and $l2 per foot all around for the Lin
coin street lot. Mr.. Pratt said he PAL,
either $4,000 or $4,000 for both proper
1N ties; his uncertainty as to the amour
was due to the fact that he purchased
the lots from George w. Bush, in ex
change for houses, as to the value O
which there was difference of opinion
During this negotiation Mr., Bush repre-
sented to him that the lots comprised
$40 feet of building front, at an averag
N of $15 per foot, or 80 900.
tt All the witnesses held that the pric
realized at the sheritf's sale was grossl,
inadequate.
Mr.. Spruance, representing Mr.. Bush
.2f said no witnesses would be called on tn
other side. The reason for this, he said
W was that he could not prove that $50
was more than half the value of tn
Lancaster avenue lot, but the witnesse
ION the other side had placed value oil
the Lincoln street lot ranging iron
S2,SS0 to $3,840, while the amount
brought was $4,000. This virtually es
tablished the fact that this was an ade
quate price. He was willing to have til
sale of the Lancaster avenue lot sc
aside, but asked that the sale of the Lin
coin street lot be confirmed.
Mr.. Rodney interposed no objection
The court thereupon set aside the sal
oil the Lancaster avenue lot, but con
frmed the other sale.
Court adjourned until o'clock Mon
day afternoon.
There was more than the usual interes
IN the opening of the court of general Sc:
sions Monday afternoon. Witnesses in til
barn-burning cases alone half filled tn
court room, and the other interested spec
tators occupied all the rest of the availabl
space.
The cause of the interest was the el
pected trial of Edward, Mary and Josep
Clark William J. Gibbons and Eugen
du p. Burns, charged with burning thrc
barns of the Il. |. du Pont de Nemours
co., and conspring to destroy by fire 9th,
' property of the same concern.
Az 2 o'clock, the hour fixed for openin
court, Judges Houston and Cullen too
seats upon the bench. The unfavorabl
weather prevented Chief Justice Comegy
who is still fur from well, from leaving h
,l home at Dover.
Clerk Of the Peace Biggs first called owe
81 g int Iart .batr