The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1893-05-17

| Court reconvened at 10 O'Clock this
morning, with Chief Justice Lore and
Associate Judges Cullen nnd Marvel
on the bench. A number OF cases were
called, but as the attorneys were not
ready, they were continued under q
iperemptory rule FOR trial at the next
term.
The cnse OF sallle Bradley. VS. Strouse.
lfhanhauser & Co.. was reported as
having been referred for settlement,
1t was stricken from
tine list. The case of David Corn.
PROOFS. vs.. Richard W. Crooks was set
Tor trial tomorrow morning.
The late Chief Justice Robinson, with
20 View OF expedltlng business, ap-
pointed committee consisting OF tho
present Chief Justice. and Mes srs.
trial list, with tho names Of the par.
ties and their attorneys. This Is now,
Icing done by Court Stenog rapher
Hardesty, and each day tho ca lendar
Will show tho cases marked for trial
the next day. III the parties should not
be ready, they will lose their places
and have to take the chance OF their
case being taken up during the term.
Jury was drawn ard tho case OF
John Wesley Pollock, VS.. Charles Il.
Benson and Annie M. benson, ct al.
Chandler for the plaintiff and Frank D.
Carpenter FOR the defendant.
i This Ia an action In mechanics lien
brought by John Wesley Pollock, q
carpenter, to recover for work done
on Franc house In Brandywine hun.
Idred fol the defendants.
Thomas s. Hampton was the con.
tractor and the plaintiff alleges that
he worked on the house from Febru.
AIRY 20. 1890, until May 8, 1890, earning
sl03, on which he was paid part!
leaving balance OF S45. The suit ID
brought to recover this amount, with
interest from May s. 1890.
Dlr. Chandler presented the depOsi.
ton OF John Wesley Pollock, who IL
now at his homo in Maryland. It
set forth that he Is carpenter by
trade, 50 years OF age, and In 1890 re.
sided In this city. Ho says tho house
was built by Thomas s. Hampton on
contract, and that he worked FOR him,
The house is situated at Eastiake
Park. Ho was employed by Hampton
to do carpenter work by the day. He
was to have boon paid s225 per day,
and the full amount would have
been $l03, on which lie was paid part,
leaving n balance of $45. This deposi.
ton was admitted as testimony.
Joseph l.. Carpenter, Jr., was sworn.
Iand testified that he knows Chas, III,
Benson and Annie NJ. Benson, his
wife. Thos. s. Hampton built frame
house for them on Madison street at
Eastlake, which the witness has since
purchased. -
Ihos s. Hampton testified that he
was the contractor for the house, and
that Pollock was employed by him.
Ihis was tho last witness called by
Mr.. Chandler, and Mr.. Carpenter i'm,
mediately moved that new suit be
granted.
The motion was oyerruled by the
court, after which he made his OPEN
ing to the Jury, and commenced the
examination or witnesses.
i Joseph L. Carpenter. Jr., was re.
called and testified that before he
purchased the property no advanced
: money to Benson to pay every dollar
owed on 1t. Pollock called on the
witness with an order from Mr.. Hamp-
ton for $3.50 for which he gnvo him 4
check. Tho cost of the house was
SLOW and tho witness has paid $23
over that amount to secure the prob.
lerty. The checl; for $3.50 was pfodu.
duced and identified by the witness
as tho ono hc gave Pollock. 1t was
endorsed by tho latter.
Thomas s. Hampton testified that he
l. 'e' wiz SohtihSbui iOl luU btilSOu
house and two others at the SAND
time. Pollock worked for the witness
and was employed on all three houses.
Inc Witness had running account
with Pollock. and garo him tho order
Tor s25e for carpenter work on thcsS
houses. lie went with Pollock to the
bank, saw him endorse tho check aud
SS' 9st rs sI HsResiyA e S ss!s!s Viii R
eol.l6. which was In full and Sl.0S
more than ho owed him. Tho Witness
then produced n book In which was
entered up the amounts he had paid
the plaintiffs, with the date OF each
payment.
The Witness was cross examined at
length by Mr.. Clanndlor, and when
he closed, tho case was submitted
without argument. The jury rotlref
at 1880 o'clock and after being out
seven minutes returned with a yoi.
dict In favor Of tho defendant. Court
then adjourned until $50 O'Clock this
afternoon.