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

haling sulphurous acid gas. He mentioned
symptoms of pneumonia and asserted that
sulphurous acid gas, il sufficient quantity
were inhaled, would cause death.
The defence closed at o'clock. when
Mr.. Vandegrift surprised the defendant
company's Counsel by calling Mary Hewitt
colored, to rebut the evidence that Will
liams had living a wife when he married
the plaintiff. Witness said she resides at
Richardsville, Md. do YOU know who
was Joshua Williams first wife?" Mr..
Vandegrift asked. Mr.. Nields objected.
Mr.: Vandegrift said he would prove that
Williams had wife living when he took
up with the Tate woman and that his
first wife was dead when he married the
plaintiff. Mr.. Nields commended that there
must be proved an actual marriage
not q marriage by reputation. Mr..
Vandegrift said he would prove
at the proper time an actual mar
riage. Witness declared that Williams
married her sister, Annie Hackett. The
ceremony, she said: was performed by the
late Rev. Daniel Reese a white NJ II.
preacher who preached at the Fork meet
ing house and elsewhere. ibid the minis
ter Mr.. Vandegrift asked, 'oiiiciate
at funerals. marriages, &c, as other
ministers do?" Mr.. Nields objected;
he wanted proof that Mr.. Reese
was a regularly-ordained preacher. Mr..
Vandegrlft's associate, William s. Prickett,
began to cite authorities to show that repu-
tation and cohabitation are sufficient evil
dence of marriage in civil action when
he was interrupted for few minutes,
during which the jury and witnesses were
discharged until this morning, and Judge
Cullen inquired the date Of Williams
marriage to the plaintiff and his marriage
to the Tate woman. MIR. Vandegrift in
formed the court that Williams married
. I'M, 1as, IL. NJ
Nields stated that Williams marriage to
the Tate woman took place IN 1864 or 1866.
Mr.. Prickett said he could not prove that
Mr.. Reese was regularly ordained minis
ter, but he would prove by Mrs. Hewitt
that she was bridesmaid at her sisters
wedding, and that Mr.. Reese was pastor of
the Fork Church and performed the func-
tions of minister. The reading of Mr..
Pricketts citations consumed nearly an
hour and half, after which court adj
journed
In superior court, Saturday morning,
Charles b. Lore, counsel for the de-
fence, requested that the case of Annie
Carswell VS.. Thomas Green be continued
until next term. The case is an action
for damages, which the plaintiff claims
because of injuries sustained by falling
in the cellar Of building owned by the
defendant, said mishap being occasioned
by the cellar-door having been left open.
William 5. Hilles, attorney for the
plaintiff, objected, stating that the case
had been continued from last term and
further continuance would be injurious
to his client. Judge Cullen said he was
always ready to oblige counsel, but he
could not grant continuance unless
legal grounds were laid, which had not
done been in this case. Thcreupon Mr..
Lore asked for special jury, the panel to
be made returnable March 18th, and the
latter request was granted. Rather than
continue cases until next term, the
court remarked, it would stay here
until April LIST.
Lilburne Chandler asked that the case
of Mason VS.. Nichols, application for a
rule to set aside sale by the sheriff
be continued until Saturday next, say.
ing that j. H. Hoffecker, Jr., an attor.
ncy in the case, could not be present to.
day because of the very serious illness
of Mr.. Hoffecker's father. The request
was granted.
At 10.45 o'clock the case of Annie
Marie Williams, colored, VS.. the Walton
d Whann Company was again taken up
Lewis q. Vandegrift said he expected
the court was becoming weary; the op.
| posing counsel had long array oil
authorities and it would take him, him.
self, some time to reach his objective
point. For the time being, he stated, he
would withdraw the question he raised
| yesterday afternoon. and also withdraw
the witness who was the last on the
stand Friday.
Mr., Vandegrift called Joseph Arthur
who testified that he resides in Baltl.
more county, Maryland. lie knew the
late Rev. Daniel Reese and saw him a
few months before he died. Mr.. Reese
was pastor at Thomas Run Church and
also at Fork Church, the latter on Long
Green circuit. "How long was Mr..
Reese in the itineracy?" Mr.. Vande.
grift asked. Benjamin Nields objected
contending that witness could not an
swer the question; to answer it there
must be produced church or conference
records. He also contended that there
must be proved the fact of the marriage
previous to 1864.
Judge Cullen explained that marriage,
which had been brought in as an issue,
could be proved in two ways--actual
marriage by fact and presumed mar
riage by reputation and cohabtation.
Witness was told to retire from the
stand, when Mr.. Nields began to- cite
authorities and argue to show that the
marriage of Williams to the Tate woman
having been proved in fact there could
not be introduced individual proof, such
as reputation and cohabitation, to upset
that marriage. Mr.. Nields consumed
half an hour. He was followed by Mr..
Vandegrift, who quoted authorities and
argued to show that such evidence was
admissible and that marriage could be
proved by person who attended the
ceremony even if it could not be proved
that the individual who officiated was a
egularly-ordained minister. After talk
ing an hour and half. up to the hour
of recess, Mr. Vandegrift had not con-
cluded his citations and argument.