Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-03-03
SUPERIOR COURT.
The Case Against Walton s. Whann still
Occupies the Judges Attention.

Occupies the Judges Attention.
The superior court was in session
about three-quarters of an hour Satur-
day afternoon, during which time Lewis
O. Vandegrift and Benjamin Nields,
counsel in the case of Annie Marie Will
liams, colored, VS.. the Walton &c Whann
Company, resumed their argument for
and against the introduction of evidence
to show that Joshua Williams married
Annie Hackett previous to marrying
Jane Tate. This morning the court
ruled that evidence Of the prior mar
riage was admissible, saying that mar
rage could be proved by reputation and
cohabitation; if persons live together as
man and wife and acknowledge them
selves as such 1t is to all intents and
purposes a marriage, except in a suit for
bigamy, where ceremony at which at
least two witnesses were present must
be proved, Mr.. Nields said he would
not note exception to the decision.
Thomas Gorsuch of Baltimore county,
Maryland, testified that he is local
preacher and deacon of the Methodist
Episcopal Church. He was acquainted
with the late Rev. John Reese and
knew Mr.. Reese was an ordained minis
ter A record of quarterly conference
held in 1851 by Mr.. Reese, produced by
the witness, was admitted in evidence.
The Rev. John Y. Dobbins, d. D.,
pastor of Grace Church, cited rules of
the Methodist Episcopal church author.
izing persons to perform the functions
OF minister.
Joseph Arthur was recalled and stated
that he knew Mr.. Reese was an ordained
minister.
Mary Hewitt, colorod, was recalled
and declared that Williams married her
sister, Annie Hackctt, at Reeses Mills
before the late war. Mr.. Reese off1ciated
at the wedding. Williams and her sis
ter lived together as man and wife and
had four children, who are still living.
Her sister died about nine years ago.
Williams marriage to Jane Tate took
place after the war and while his first
wife was alive.
Benjamin Williams testified that he
was brother of Joshua Williams, that
Ancie Haclett was Joshua's first wife,
that Joshua lived with the Tate woman
when his first wife was alive and that
Joshua married the plaintiff after the
death Of his first wife.
j. Maxton Hammond was recalled
and testified that Mr.. Bonner said he
put Joshua Williams and Julius Hum
nell in the acid chamber
Several other witnesses were recalled,
but Mr.. Nields objected to them testify
ing and his objection was sustained.
ii. nj. Mccullough, an Elkton lawyer,
was questioned concerning the laws OF
Maryland regarding the marriage of
colored people and copy of the laws
was admitted in evidence.
Mr.. Vandegrift produced copy of
the proceedings of the coroner's inquest
in the case OF the acid chamber victims
and asked that it be admitted in evil
dence. Mr.. Nields objected at first but
subsequently he withdrew his objection.
Meanwhile Mr.. Vandegrift interrupted
and said he now did not desire that the
document be admitted.
At 1915 o'clock all the witnesses were
discharged and William s. Prickett, as
ISOLATED with Mr.. Vandegrift in the case,
began reading the prayers of the plain
tiff. Afterwards he cited authorities on
the risk of employees, continuing until
recess.
In the superior court Monday after
noon, William s. Prickett, one of the
counsel for the plaintiff in the case of
Annie Marie Williams, colored, VS.. the
Walton & Whann Company, finished
his citation of authorities on the risk of
employees, and, at $50 o'clock, began his
argument to the jury. He had not COM
pleted the argument at adjournment of
court. When court reconvened this
morning Judge Cullen announced that
he would adjourn court at once until
the afternoon, owing to the absence OF
Judge Houston, who had been advised
by bis physician to not venture out in
the storm. Judge Houston is in usual
health.
In the superior court Tuesday after
noon William s. Prickett continued his
argument in the case of Annie Marie
Williams, colored, VS.. the Walton &
Whann Company. He asked for a yer.
dict of $4,000 or $4,000. His argument
was concluded at $50 o'clock, when
Benjamin Nields began citing author
tiles on the liability of employers and
the risk of employees, continuing until {
| o'clock, when court adjourned. Court
opened this morning at II o'clock. Mr.
Nields devoted 10 minutes to the com.
| pletion of his citations and then began
his argument, which he finished at 1890
o'clock. He asked for verdict of not
| guilty. Lewis G. Vandegrift followed,
taking 25 minutes to reply to Mr.. Nields'
| citations and to cite authorities to show
that men employed in business OF
which they have little or no knowledge
should be warned of its danger. Imme-
dlately thereafter he began his argu.
ment, which he completed at 1.5C
o'clock. Recess was taken at once
until 8 O'Clock, when the charge Of tho
court will be delivered to the jury.