Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-06-16
COUNTY COURTS.
n Motion for New Trial In the Delaware
city Murder Case--Liquor Licensees
The Term Nearing nn End.

ne
VIC walton * Whann Company was con
GUIDED IN Superior Court yesterday week
Inc stenographic reports of the testimony
oil the Rev. John w. Hall and Ralph
Brown, who were outside the jurisdiction
OF the State. were offered In evidence by
Mr. vandegrift and the court allowed It
Mr; Nieius then opened for the defense.
The Case of Anna Marian Williams
VS.. the Walton g. Whann Company
was continued in the superior court
| Thursday. The morning was occupied in
the taking of testimony by the defence.
feter L. Cooper Thursday afternoon filed
reasons in support of his motion for new
| trial for Gerge Henry HUT, James John.
son and Daniel Miller, colored, convicted
oil the murder of Noah Benson.
Flrst--Jula HUT. having been acquitted
WIN 20 withess iu the case as 10 Miller and
| johnson. stating that Miller was not at her
house until Saturday morning following
THANKSGIVING; That johnson did not stay nj
n 1ed, mousse thanksgiving night, November Goth
IeDl, ana mat she did not know Noah Benson
ana ne was never within her mousse.
secohd-New evidence in the person OF
chptuln McMun who saw Noah Benson as
lste as lV;aO on Noyemoer Goth, 1891, stending
hlone ~ front OF DR.. Dunlaps, this entirely
separating him from the defendants.
lhlrd-- Jew evidence in tho person OF X. G..
saaisr, who rode down on the train with Miller
on FRIDAY afiernoon-the day following No
yember Goth, iSSl-from Porter's 10 Delaware
City
Fourth The verdict was ag ainst the evidence
III tho case.
Flfth-1he Jury in rendering the veryict
which they diu were Obliged TO find that the
defendants did the killing, but that they did 10
WIN Implied malice, and there was not owl.
uehce IN mo case to warrant such finding.
In superior court Friday morning testi-
mIony was gone Oh with in the case of
Williams VS.. the Walton & Whann Com
..a4Ir. - L.. III. IL.
$40 this afternoon until Monday. The
court conceded the request
AT the superior court on Saturday in
the case OF Thomas Beard VS.. Elan Page
and wife a rule was heard to show cause
why sheriff's sale should not be set aside.
Several witnesses were heard following
which the court confirmed the sale
Thomas Davis for the application, j. Frank
Biggs against, On motion of latter counsel
q writ OF possession was granted with a
stay OF execution until september %. In
the case of the Philadelphia Metal Cornice
Works vs. Eden Hall Company, case
under the Mechanics Lien law in which a
demur had been filed and which had been
argued in the February term the demur
was over-ruled, Bradford g. Vandegrift for
demur. and Macallister against
In the case of the National Bank of
Harrington vs.. Frank A. Mitchell, in
which an affidavit of demand was fled
Judgment was refused. Lore & Emmons
for plaintiff; Macallister for defendant.
IN the case of Jordan A. Wilson VS..
William Folks administrator, on motion
OF ). A. Macallister, the case was referred
to John Wilkinson, William ]. Fisher and
George W. Brett as referees.
In the case Of Joseph w. yandegrift VS..
the city, in which a demur was filed at the
February term, City Solicitor Curtis
opened the case for the city and John
Biggs appeared for plaintiff
From present indications the May term
OF the county courts will end this week
Announcement was made on Monday
that no more jury trials will be taken IN
a. tins term except the case of William
Helmerath VS.. the Charles Mullin Com
pany. The special juries were discharged
until the next term.
William +. Smalley, Jr., was appointed
commissioner to take testimony in the
divorce suit of Beale VS.. Beae.
The case of Annie Marie Williams.
oolored, VS.. the Walton & Whann Com
pany was resumed and several witnesses
were called by counsel for the plaintiff to
rebuff certain evidence introduced by the
defence. Objections were frequently made
by. the lawyers in the case and once or
twice there were lively tits.
At II. IS o'clock the plaintiff closed, and
i've minutes later William s. Prickett. on
behalf of the plaintiff, presented a lone
list OF prayers and cited many legal au-
thorities. His address TO the court CON
tinued until l2.45 O'Clock, when his argu-
ment TO the Jury began. At l o'clock his
argument was suspended until $50 o. clock,
until which time recess was taken.
Chief Justice Comegys resumed his seat
on the bench in the superior court Mon
day. Judge Cullen presided and to the
nj rlaf Of sat IG,I L
trials were postponed by the court until
the September term, with the exception of
the case of Helmrath VS.. the Charles
Mullin Company. The court discharged
the general jury until Thursday. Henry
Z. Conrad moved that William +. Smaliey,
Jr, be appointed commissioner to take
testimony In the divorce case of Adde w.
VS.. John II. Beale.
The case of Anna Mare Williams VS.,
the Walton q Whann Company was then
resumed. A number of witnesses were
called by MIR. Nields for the defence. after
which the defence rested. w. S. Priclcett
opened for the plaintiff and was followed
by Mr.. Nields for the defence. Mr. Nields
was addressing the court when adjourn
ment was made until 10 o'clock Tuesday
morning
Final naturalization papers were OBJ
tanned by Peter Raphael, Antonio An
bOhlANrt anu iNtlhtliG 1ttn1. DuTlnE me
present term naturalization papers have
been granted by this court to six persons.
The case of Anna Marie Williams vs.
the Walton IL Whann Co., was argued
Tuesday morning, when Benjamin Nields
closed for the defence.
Lewis @. Vandegrift then began the con-
GLIDING argument for the plaintiff. and
was still talking when court adjourned, at
1858 o'clock until 2.30 O'Clock in the after
noon.
The court discharged the regular panel
of jurors on Tuesday until the second
week in September, ut which time num-
Der OF important cases will be tried. Chief
Justice Comegys was ut Tuesday morn
ing's session of court, but did moi remain
on the bench until the hour of adjourn
ment
The case of Anna Marie Williams VS.. the
Walton d Whann Company, was given to
the Jury tuesday, afternoon. Lewis G.
Vandegrift concluded his argument for the
plaintiff and Judge Cullen charged the
jury. The latter retired at 1888 o'clock.
The Judge remained upon the bench until
nearly o'clock and then left the court
house.
At 6 O'Clock the jury sent BalifT Raney
to secure copy of the judges charge but
Judge Cullen did not allow the Jury to
have the manuscript. The jury then re-
manned out until 9.l5 o'clock, when word
was sent in that they had agreed upon
verdict. Judge Cullen was notified at 9.45
O'Clock the jury was brought in Foreman
John McCloskey announced verdict for
the plaintiff i'll the sum of $500. Mr..
Vandegrift then thanked the Jury and
Judge Cullen discharged them from any
further attendance.
The trial lasted nine days, and was the
second trial of the case. The first jury dis
agreed.
Both the oyer and terminer and superior
courts were convened ut the usual hour
yesterday, with a full bench. Judge
Grubt was present TO impose sentence
upon George Henry HUT, Daniel Miller