Evening journal., 1893-11-27
RELOCATED TO REAR.
Only One Case on To-day's
Trial Calendar Ready.
LYooMINa DROPPED TO THE REAR

Settled--Jury Drawn to Try the Forbes
Case.
Superior Court opened at 10 O'Clock
this morning, with Chief Justice Lore,
Judge Marvel and Judge Cullen on the
bench The attendance Of lawyers was
large and representative, but there was
marked decrease in the number Of spec
tators as compared with the criminal
court, just closed
The trial calendar was Immediately put
into effect The cases set for
| trial to day were Philip r. Clark
VS. Henry l. Churchman, Henry
l.. Churchman VS.. Philip X Clark, Henry
| l.. Churchman VS.. Emma A. Clark. Mark
| NJ. Cleaver VS. The Atlas Dredging Com
pany, The Lycoming Fire Insurance
Company VS. George W. Bush, George
| w. Batter, Benjamin Hirst Stephen
Downey and William Bead nkopf. Sam
uel ID Forbes, d. b. o., VS.. Mayor and
Council of Wilmington.
When the trial list was taken up for
final disposition the first four on the
calendar were passed and the cases
/ ordered to the foot of the list In the
Lycoming case Colonel Nields asked leave
to withdraw for amendment his pleas
/ hi0N aNfSA al eeJ9 ebe' LIP Atiupae was
granted.
Later in the session J. Alexander Full
ton, Of Dover, counsel for the Lycominp
Company, had the cases passed until
this afternoon.
Brief II istory OF the Litigation.
The Lycoming Mutual Fire Insurance
Company was chartered in Pennsylvania.
The main Office was at Muncy, Pa. but
IL operated in nearly all the Middle
Atlanic states 1t was supposed TO be
the largest mutual fire insurance com
pany in the United States. The rates
were much lower than stock companies
and the company did. quite a business
in Delaware -
Like nearly all cheap insurance II
proved to be worthless Two Pennsyl-
vania towns we're swept by FIRE IN one
W. elk. The Lycoming had great many
policies in force in both places. 1t was
unable to meet its claims and went into
the hands Of a receiver, Mr. Beeber being
the man This was back 10 ST.
Receiver Beeber, laid heavy assess-
ments on the members to meet the La
bilities He proceeded to collect them
in all the states. When objection was
made by the insured and the matter was
taken to court the receiver succeeded In
collecting all assessments in every state
with the exception of Delaware Here
the payment was persistently fought, In
court and ou1 of court There were -four
trials at Dover and the receiver was non
suited every time One Of the important
opinions of the court was delivered al
the May term, 1887.
The only case on to DAYS calendar an.
nounced ready for trial was that of
Samuel d. Forbes VS.. the city.
Admitted to the Bar.
f B T. Springer was, on the motion
Of Harry Emmons, admitted to practice
B By unanimous consent of counse
! Charles B. Stewart. juror was excused
on account Of sickness Of himself and
wife
Their Recognizance Renewed.
The boudsmen Of Sheriff Pierce Gould
appeared and renewed heir recognizane'
in the sum of $4,000 They wer'
Joseph Gould, Daniel F Stewart, Georg,
w Vernon and Winfield QuigleY.
Willard Salisbury, Jr.. representing
the Wilmington City Railway Company
, asked for a special jury TO trl
the case Of Robert Max wells ad
ministratnr vs.. the Railway Com
pany. The case is calendsred for De
cember 10 The court informed hin
that ali special jury eases would be tried
after the regular jury trials had been dis
posed Of He also asked for speeia
u jury TO try the case of Frank A Mitchell
VS. the city.
IS Shortly before noon the Lycominl
n cases were, by agreement Of counsel
l. dropped 10 the foot Of the trial list
4. { Ar
n cation for special iures to try the case
o of Harry Richards and William Murphe.
Is vs.. the P, w. & Railroad Company.
a The Small Case Settled.
q City Solicitor Elliott reported settl,
q ment of the case Of Francis Small VS.. th
N Mayor and Council Of Wilmington
s Small sued, for $25, 600 for the loss q
hand the result of th
le explosion OF an old blast on Broom
le street. The case of Lille b Osler, fc
the death of her husband q lineman kille
on volunteer duty, has also bee
settled She sued for a like amount, an
n it is understood that neither received
is large sum in settlement
" The case of James Stroud. who sue
m the city for personal injuries inflicted @
re the streets by a coasting sled. ",
o. dropped from the docket, the decision
Id the Yandegrift appeal case haviag n
Id lieved the city Of all liability in sue
be suits
at Wants the Attachments Quashed.
AT Andrew e. Sanborn asked for a rule
'n show cause why the four foreign attac
ments secured in this state against u
Wellman Iron and Steel Company.
ar Chester, Pa, by the Thomas D We
r Foundry Company b d Wister & c,
aud Samuel Grocer g. Son, shou
III, not be queshed or other relief afford
Il Receiver William B Broomall Il
he ground was that the receiver had be,
"a appointed in Pennsylvania prior TO Z
~ issuing Of the foreign attachment bel
- The rule was issued and made retur
able on Saturday
The Forbes Jury Drawn.
Just before adjournment Jury W
drawn to try the appeal case OF SAINT
d. Forbes. defendant below
the mayor and Council Of Wilmingtc
plaintiff below Henry G Conr
represents the plaintiff and CT
Solicitor Elliott the city II is concer