The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1893-06-12
FIFTH EDITION.


Chief Justice Lsre's Charge.
The mornings session OF court con.
vened at 10 o'clock, with CHIEF Justice
Lore and Associate Judges Cullen md
Marvel on the bench. Immediateiv
after the opening the jury In the case
OF Hession, We the Mayor and Council
o. Wilmington were charged by Chief
He commenced by reviewing all the
circumstances leading to the suit and
described tho condition of the ground
where Hesslon's property Is located,
II Is claimed by the plaintiff that the
city wa, negligent In allowing the
sewer to be constructed. and also that
the sewer was inadequate to carry OF
the water from the acreage drained,
The plaintiff claims that the city had
been notified and knew OF the inefii-
cheney OF the sewer for 10 years, and
through negligence had neglected to
attend to 1t. On the other hand, 1t 10
claimed that unless the jury believe
the city acted wllfully In tho matter.
1t cannot be held liable. The Court
would leave the evidence to tho jury,
and without expressing an opinion
would explain the law. II the city ia
furnished plans which are carried out,
then 1t Is clear that IL cannot be held
liable, but II the plans are not followed
1t follows that the city 10 liable. IL
was also the duty OF the city to keep
the sewers In good order. and there
fore IL this sewer was INSTRUCTED
through the negligence OF the city, 1t
must be held liable.
The defendant, however, would not be
entitled to recover, even II the sewer
was INSTRUCTED, II the storm was phe.
nomenal. something that could not be
expected or provided for. A storm
than the sewer could possibly carry
on, as this would be an act OF God, for
which the city could not be held re-
sponsfble. II tho sewer was built &C.
cording to the plans furnished by
competent engineers, 1t cannot be held
liable. 1t may have been that altern-
lions were needed for the sewer, but
1t is also probable that the money 10
would have taken for the purpose was
needed much worse for some other
part OF the city.
1t Is well.established principle OF
law that tho public good is greater
and must be considered before that OF
any individual. In conclusion, he said
that II the jury believed that tho city
wns negligent In the matter and noted
In spirit OF wantonness, the verdict
must lie for tho plaintiff. But II, on
tho other hand. they believed that the
city bad exercised due care and dill.
gonce and that the storm was, as is
claimed, phenomenal, the verdict must
be Tor the defendant. In no event can
the verdict be for more than $743 %,
the amount claimed and admitted by
both sides.
The delivery OF the charge occupied
mil nj mr. hA afA a,. l.1t
handed number OF documents, re-
tired at 1910 o'clock.
AS Tar as could be learned the charge
was considered perfectly fair by both
sides, and entirely satisfactory.
After going over the trial list, and
OF number OF cases Jury
was drawn in the case OF William Ill.
Sewell vs.. BENJAMIN Purnells exoeu.
tors, with Philip @. Churchman for the
plaintiff, and benjamin Nlelds for the
defense.
This is an action to recover for ser
Vices as a nurse. during the last illness
Of Purnell,
Mr.. Churchman stated the case to
The jury. and then commenced the ex-
animation OF witnesses.
William ii. Sewell, the plaintiff, was
called to the stand. and testified that
he had known Purnell for many years.
and that he resided at No, 5l3 Lombard
street. this city. The witness UNDER
took to tell what had been said by the
ieceaoed, but upon Mr.. Nields object
Ing, and the objection being sustained
by the Court, the witness left tho
stand.
Viola Purnell, an adopted daughter
OF the deceased. was called, but before
she was sworn Mr.. Nlelds objected 10
her testimony being ollowed. After
the Court decided that
testified that she is 23 years of age,
and lived with the deceased from The
time she was baby, until his death.
May "a, 1900. She heard an interview
between benjamin Purnsll and VII.
liam Ii. SewelL which occurred prior
to her a1Ints deuttli Noyutubrr pbS Sos.
Purnell was sick altogether about
seven years. aud on the occasion N6f
the interview she heard him tell Sew.
10 come and nurse him. He came and
until Purnell's death, but
she did not know of his ever being
paid. The witness acted as house
keeper for her foster father, after her
aunt's death.
The plaintiff rested with this wit
ness. and Mr.. Nields made his opening
to the jury for tho defense He sud
That he would show that Sewell had
no claim on this old mans estate, and
that the suit was an attempt TO rob
dead man.
Robert Lewis testified that he knew
BENJAMIN Purnell, and had known him
for Al years. He was sick long time
with tumor OF some kind on his leg.
The witness nursed him almost every
all night. He made 1t a point to re-
main with him every Saturday night,
until Sunday morning. Toward the
last, when Purnell became unable to
Lelp himself, Viola assisted In nursing
him. Sewell got his meals in the
house and worked every day at John
g. Bakers and was out almost every
night, attending societies. He had
heard Purnell order Sewell to go
away.
The case was still on trial when a
recess was taken at O'Clock until this
afternoon.
The jury In the Hession case was
still out when the noon recess Vas
taken. and as they asked. and were
granted permission by the court and
llnners ordered, 1t looked as though
1t would be some time before they
Iould agree upon a verdict.
Court announced that the contested
license applications will be taken up
Tor conslderationonW Wednesday morn
ing. There are eighteen in all, part
Of whom are old applicants. It now
looks as though all the business will
DO finished by Friday or Saturday, and
court adjourn until September.
50