Evening journal., 1893-05-23
IN THE JURY'S HANDS.
Chief Justice Lore's Charge
This Morning.
THE JURY Is NOT UNANIMOUS.

| fraNera IN the Iopkis Case esterdny,
chief Justice Reserved His Charge
untn This MornIng-severnI Cases
Stricken From the List.
John Hanson and David w. ElSinton
were the last witnesses on the stand in
the Slesinger TOpkis case In the Superior
/ Court yesterday afternoon. Their testi-
mony did not materially diler from the
facts already adduced.
| Counsel agreed on thirty minutes
argument on each side. Alexander B.
Cooper was the first TO address the court
ON the points OF law. His proposition
was as follows:
| First-lf the jury believes that Topkls was
| lnsolvent at the time he voluntarily con
tessed Judgments 20 Slesinger and Abram-
| son 10 was a fraudulent preference OF credi-
| tors under our statute. and they should
| render their verdict accordingly: an in OF
vency cannot prefer creditor. The fact
| of insolvency Is strong evidence of fraud In
/ such cases. Any transaction by an insol-
vent debtor which prefers or has the effect
OF pfeierring certain ot his creditors is
fraudulent and void under the statute.
Second-Ihe intent TO defraud does not
necessarily include u corrupt or dishOnOrable
motive. ~ Is a legal and not moral intent
any act done which either unlawfully pre-
ters, or hinders. delays or defrauds creditors
ls done in contemplation OF law with frnudu-
| a lN
| the natural consequences OF his own acts.
aud this intent o. 10 be gathered from all
the facts and circumstances of the case.
| Ihiru-'lhe intent to deiraud only few of
the creditors or indeed only one makes the act
void 90 all.
Fourth -IGthese judgments OF slesinger and
Abramson represented just debts and for The
| exact amount due yet 10 given in violation of
our statute, or the statute OF Thirteenth
Elizabeth, they are void as TO the other
| creditors. They must not only be- for Valu-
bic consideration, but also must bee bona fde
IL either Is wanting they are void as 10 credi
tors
Fifth-The effect Of fraud is the same what
ever shape it assumes, whether legal or con
structiye fraud or gross and actual deceit and
imposition.
Sixth-lf the Jury believes that slesinger
the purchaser of the goods at sherim's sale
permitted them TO remain In the possession OF
lopkls, who carried on the business substan
TALLY a. before the sale, Il is prma facie
fraudulent and. when considered with all tn,
other concurrent circumstances In the case, b
, conclusive.
seventh-If the jury believe that slesingei
Z and Abramson had knowledge OF 1opkis'
insolvency OF fraud, or If they believe lwhicl
, Is all that Is necessary that they had notice
or knowledge OF facts sufficient To put a maj
< OF ordinary prudence and experience in busi
9 ness upon inquiry, their verdict must be In thl
4 Affirmative upon the issues submitted.
Fighting for slesIngor.
George A. Elliott counsel for slesinger
asked the court to charge the jury on tn
points of contention, as follows:
N First That the confession OF a iudgmen
TO a creditor for bona fide debt for the puI
d" pose of securing the same and thereby avoid
ing suit III prOcIred by the diligence of On
creditor and the preference Is absolute an
4 | unconstitutional, and without any designs Q
secure 60 the debtor any prrrQual benefit d
J. against his non preferred creditors does nd
n conflict with the laws Of this state and dee
~ not constitute an illegal preference.
i- Second-rhat n the jury believe that th
HfH I'll and Iu u
4 Abramson were obtained by their diligenc
. aud pressure then their verdict should b
II mo" 20 the first and second Issues.
Third-Ihat n the jury believe that On
IN judgments obtained from Jacob a. Tor
"a kis were for bona 4 te debts then their vel
n uict should be mo" TO the third issue.
?, Mr. Conrad prayed the court 10 charg
e the jury that Slesinger and Abramso
Il were not connected in the matter,
K Messrs. Conrad, Elliott and Bird the
; argued before the jury, Mr. Conrad onl
allowing Mr.. Elliott seven minutes Z
get in his plea for Slesineer Mr. bir
contended that Topkis. Slesinger an
Abramson conspired 10 cheat the Phils
q delphia creditors. The court withheld
its charge until to-day.
10 Several Cases Settled.
- Mr.. Bird Informed the court that tn
|
d. Diamond State Iron Company and MAJ
garet Crumlish VS. the Philadelphia
I, Wilmington and Baltimore Railroa
II Company had been amicably adjusted
s. CULLEN lost a leg in the mill and Mrs
e Crumlish lost her husband at the Walnu
Il street switch. William S. Hilles reporte
settlement of the cases of Minnie A
n Hamilton VS.. JOrdon,,A. Wilson Samu'
D d. Ferbes VS.. the Guardians Assuranc
Company and Virginia S. Mitchell VI
II Booths executor. He also said that Oh
case Of John Brown vs.. the Philadelphia
Wilmington and Baltimore railroad wa
's in course of settlement The cases {
y John Doe on the demise Of Mary ,
h Patton VS.. James @. Dillon, Patrio
- Fahey and William T.,Knott were con
!. tinued to the September term
n Hession Against tho City.
p The case Of Owen J.. Hessien VS. II
% mayor and City Council will begin O
next Monday. The following speciI
Jury has been drawn: Calvin v
Crossan, Thomas ID. Lyman, Herbei
m Yates, Amor q. Forwood William Cloul
m j. Atwood Weldin, Norris Wilson. v
E. Husbands, James Haaman, Benjami
Gregg, w. c. Whiteman, Robe
+ Mortherall, Arnold Naudain, Dough-
le Mccoy, James II. Hurst, Jones Guthri
is George A. Cleaver, r. l.. Truai
or James T. Taylor, George c. Rothwel
"a James H. Stats r. T. Cam, Jr. Jane
4. T. Veasey, John g Berger.
~ When the Superior Court reconvent
- ct 10 o'clock this morning nearly evel
member Of the New Castle county b
was present to hear Chief Justice Lo
charge the jury in the case Of Samu
Slesinger VS.. Jacob II. Topkis. No ca
a has for years excited the same interes
The charge was as follows:
,b SAMUEL SLEsINsER
90 VS.. Issue.
JACOB Il. TOPKIs.
!" On the Sth day of December, 1S9
IT. Jacob H. Topkis gave bond and warrai
re of attorney TO Samuel Slesinger f
a 81, $50 and to David Abramson f.
81, 500, upon each of which judgme
was entered in the Superb
Court of this county, executions issu'
It's thereon. The goods aud chattels
xt said Topkis were levied upon, und
en- said executions, sold by Sheriff Villa
i'm Simmons, for the sum Of 81, 2S9 90, al
ok after deducting $50 costs the balance