Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1893-05-25
SUPERIOR COURT BUSINESS
Testimony All in in the Sles-
inger-TopkisS Case.
THE ARGUMENTS OF COUNSEL
A Special Jury to Try a Case
Against the City.


In the superior court Thursday an
nounccmcnt was made that the case Of
Margaret Crumlish vs.. the r, w. 4 j.
railroad had been settled, also the case of
David Cornbrooks Vs. Richard W. Crooks.
The case of William Ruter VS.. Cyrus
Castle, X. G. r., was referred to referees,
In tho divorce case Of Robert ii Cardwe.l
VS.. Susan II Cariwell, proceedings in di.
vorce Charles q. Rumford was appointed
commissioner to take testimony,
In superior court Friday morning u
Jury was drawn TO try the case Of
Samuel Slesinger vs.. Jacob Topkiss.
There was an array Of attorney in this
case, the plaintiff beng represented ~
Levi 9. Bird, Alexander Il, Cooper and
j. H. lLotTeckcr, while IL. c. Conrad
and George A. Elliott appeared for the
defence.
Jacob Topkiss, the defendant, con
Quoted 4 store at New Castle previous
to December, 1891. December 18th, 1891,
Topkiss gave Il preferred Judgment for
81 800 TO David Abramson, and on
December 18th a Judgment to Herman
Kraus for $3.50 The plaintiff claims
that these judgments were preferred
"purposcly and with intent to detraud
the other creditors"
The property Of Toplliss was sold
under the Abramsun and Kraus judg,
ments and the proceeds Of the sale,
amounting to 81 ,3S9.50 were pad into
court. 1t is this sam that the various
creditors Of Topkiss are seeking TO re-
cover, ard the plaintiff in the suit con
tend that the sum is not applicable to
the Abramson and kaus judgments,
but should he distributed equally among
all the creditors.
Recess was taken at o'clock to $50,
The case OF Slessinger vs.. Iopkiss
was resumed ia the superior court III
the afternoon Herman kraus, who
was Oh the stand when court adjourned
for the noon hour, was recalled at the
afternoon session.
Lewis Freeman testified that Topkisa
came to his establishment in Phlladel.
phia, and upon lopliss' representing
That he was worth $4,000 and did not
owe more than $500, witness sold him a
bill Of goods.
Max Liyeright Of No, 1913 Market
street, Philadelphia, said that when
Topkiss bought goods from him he said
he was worth 81 900 and did not owe
more than 5000
Dennis smith, clerk, testified to a
conversation he overheard between
Topkiss and kraus. Topkiss assured
Kraus that he owed him more money
than he owed any other creditor.
Solomon friedman testified that Top.
kiss had told him that if Kraus had
acted square he would have gotten loo
cents on the dollar; continuing the wit.
ness said: Now he intended to chca
everyone and they don't get nothing
now"
The case of Slcsinger VS.. Topkiss wa:
resumed in court on Saturday morning
The plaintiff rested after calling vii
liam 5. Schuster.
The defence called Samuel Slesinge
to the stand. An interesting legal poin
was raised by the refusal Of the wltnes
10 take an oath on the Christian liib
or allow himself TO be, sworn on the nv
hooks of Moses as is customary witt
witnesses Of the Jewish belief.
Mr.. Bird asked the witness whethe
or not he believed in the existence Of
God, Slesinger replied in the atlrma
tive. Mr. Bird then asked the witnes
whether or not he had ever taken al
oath, and Scsinger replied that he ha,
taken an oath on the i've books o
Noses, but he no longer believed in til
five books Of Moses
Then ensued long argument as +
whether or not the court had right 7
put the witness toatcst and compel hir
to swear.
Chief Justice Lore put this questio
to the witness. do you consider hi
affirmation the most solemn oath 70
can take as a witness and the most Dlna
ing on your c0nscience!'
al do, replied Slesinger
Parliamentary Horty administered th
oath Of affirmation and the witness pre-
ceeded.
The object in calling the witness Wa
to prove the book Of original entire
which Slesinger had in his dealings wit
Tupkiss and which went to prove Thu
his account with the defendant was
bona fde one.
Court adjourned at LEO o'clock uni
Monday morning.
solomon Stevens, who is charge
with completely in burning his oW
building in Georgetown, Sussex count
was ably represented by counsel in Il
superior court en- Saturday, when arg
ment was heard on 4 writ of habe
corpus to release the prisoner on ba
Stevens was represented by Charles y
Cullen, son Of Associate Judge Guile
Robert C. White and William ii. Boy
ofGeorgetown, and cX- Attorney gener
John Birrs Of this city.
DEPUTY Attorney general Branch
Giles annrared for the State.
Counsel waived the production Of d
body. and the prisoner was not broug
into court
Cnl,n.cl far The prisoner contend