Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-03-10
THE SUPERIOR COURT.


Soon after opening of superior court
yesterday afternoon week Judge Cullen
charged the jury in the case of Annie
Marie Williams, colored, VS.. tho Walton
q Whann Company. The charge was
complete and impartial and to deliver II
half an hour was required. At 1856
O'Clock the jury retired. After long
walt, during which time there was no
business before the court, the Judges
departed, saying. they would return
when verdict was reached, if il
were not after 1880 o'clock in the even
ing. At that hour no verdict had
been agreed upon and in conse-
quence the Jurors had to remain in
the court house all night. Court con-
vened punctually Thursday and i'm.
mediatcly after its assembling Judge
julien ordered that the jury return to
the court room. Through the foreman
hejurors reported they had been unable
70 agree upon a verdict. Judge Cullen
remarked that 1t was very unfortunate
and said he thought 10 men as intelli-
gent as the Jurors seemed to be should
have agreed upon verdict in the time
they had. Since they persisted il would
be impossible for them TO agree, he added
he would discharge them.
During the more than 1S hours they
were out the jurors took several ballots,
all of which resulted ten to two in favor
of the plaintiff The two dissenting
Jurors, it is said, were Messrs. Cleaver
and Reybold. Since the jury could not
agree that the defendant company was
responsible for the death of Joshua
Williams, the amount of damages was
not considered at all.
The trial of the case began February
23d and its progress was watched with
much interest. Great interest conferred
in its result since it would determine
three other cases of similar nature
against the Walton ~ Whann Com
pany. The case will probably be re-
tried this term. On motion of Benjamin
Nields the case of Selma Hummell VS..
the Walton & Whann Company was
continued until next term.
f. G.. Bradford asked that the defence
in the case of the State VS.. ex-Tax Col
lector Dougherty and his suietes file
its pleas Mr.. Nields and John II.
Rodney, counsel for the defence, prom
Used to do so.
Court took q recess until Q o'clock,
when argument on the jurisdiction of
the municipal court in the case of the
State VS.. Andrew Casey will begin.
The case of Alexander III, Lyle, adj
ministrator Of Edwin 5. Lyle, vs. the b.
d T. Railroad Company, has been set
tied, as also has the case of Samuel +.
Jones VS.. Davis g. Brother
The case of Maggie lIarkins VS.. the
Pullman Palace Car Company has been
removed TO the United States court, and
will be tried at the June term. The
case was removed to the United States
court, because the defendant company
is chartered in Illinois.
The superior court took all of Thurs
day aftcrno n in hearing argument on a
writ of certiorari The case is that of
Andrew Casey, d. b., VS.. the State of
Delaware, p. b., and involves the juris-
diction Of the municipal court. There are
several cases depending on the result of
this case. ii. II. Ward and H. G. Turner
represent the complainant and City
Solicitor Curtis represents the State.
Casey, who is a licensed liquor dealer,
was fined in the municipal court 800
for selling on Sunday. Before paying
the fine lie concluded TO take the matter
to the superior court, he being OF the
opinion the lower court had no juris-
diction ~ the case. Mr.. Ward made
the opening argument and took the en-
tire afternoon. His contentious were
Fsst-A person licensed to sell ntoxi-
eating liquor is the only person who can
be guilty of the specific offence of the sale
of liquor on the Lords day, commonly
called Sunday.
Second-The penalties imposed upon
conviction for the sale of intoxicating
liquors upon Sunday relate only TO licensed
dealers, inasmuch as second conviction
OF such niisdemeanor is punished by a
forfeit Of the convict's license for two years.
Third-The only offence of which an
unlicensed dealer can be guilty under the
laws regulating the sale Of intoxicating
liquors in this State is the sale without IA
license, and the penalties provided upon
conviction are different from those i'm
posed in case of the violation Of such laws
by licensed dealer.
Fourth-A general inspection of thelaws
relating to the sale of intoxicating liquors
in this State conclusively shows that the
general assembly has kept clearly in view
the distinction between licensed and un-
licensed dealers, not only as to offences
which are prohibited, but also as to penal
ties which are imposed.
Fifth-The laws relating to the trial of
licensed dealers for offences against the
liquor laws of this State, and to the punish
ments imposed on them upon conviction,
conclusiyely shows that the only tribunal
which can now have jurisdiction of such
offences is the court Of general sessions of
the peace, &c.
Sixth-Acting under the powers con-
ferred by section 10, article 8, constitution
of the State of Delaware, the general assem-
bly,, by chapter 207, volume XVII, Laws of
Delaware, established an inferior cour I
called the municipal court for the city of
| Wilmington" and gave to it jurisdiction to
inquire of, hear, try and finally determine
" i those criminal matters and offenses
.ta1 t,,a atI ..f.s nsI t..t-
EOf the constitution committed within said
Getty, and to punish all persons convicted
Nof said offenses, agreeably to the laws of
kthis State.
~ Seventh-Acting under the powers con-
II fcrred by said section 10, article 6, consti-
M tuition OF the State of Delaware, the general
assembly by said chapter 207, volume
4 XVII, Delaware laws, further enacted
that prosecutions in the municipal court
4 shall be by information, without indict-
ment by grand jury, or trial by petit jury"
and that there shall be no appeal from
said municipal court to the court Of
general sessions of the peace and jail
delivery except in one case not involved
in this discussion
Eighth-The offence with which the
defendant below in this case stood charged
as appears by the record, is not an offence
4 enumerated in section 15. article @, of the
amended constitution, and, therefore, is
Il expressly not included in the jurisdiction
of the said municipal court.
a Ninth-Whenever q new, limited, sum-
mary and penal Jurisdiction, providing. for
a trial by information only, without indict-
ment by grand jury, or trial by petit
jury, or the right of appeal, is conferred
upon new inferior court, in derogation
III common law, statutory and constitu-
tional rights the statutes comforting such
jurisdiction will be strictly construed, and
a doubt as to the construction thereof will