Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1893-12-07
VERDICT FOR Plaintiffs
The Odessa Creamery Company Obtains a
Verdict From ex-Marshal MahafTy.

me odessa creamery Company OBTAINS
| Verdict From ex-Marshal Mahany.
In superior court, Friday morning, the
! trial list was again gone over by the court
and members of the bar and number of
cases marked for trial.
phe suit Of Joshua L. Smith vs.. the
| Wilmington City Railway Company, was
set for the Goth inst. William Michael
| Byrne represents the plaintiff and Willard
salisbury aud John Biggs the defendant
company. Suit is brought to recover for
the death of valuable bay dog, which
| was run over and killed by the repair
| wagon Of the railway company.
The case Of William Murphy VS., the p,
W. & u. Railroad Company has been
settled. Harry Emmons for the plaintiff
and Senator Gray for the defence.
Walter II. Hayes informed the court
| that he was ready in the case of John ],
| Creedon, who asks for a renewal of his
| license at Hockessin. lie is opposed by
the Law and Order Society. Mr.. Prickett
said he was not ready to go into hearing
as his witnesses had not been subpnnaed.
| The case was therefore continued until
| December 9th,
| Henry C. Turner withdrew the applica.
ton of John Murphy, No. 2l9 West Third
street, and Mr.. Murphy's case will not be
heard at this term.
James A. Dillon asks for a license again
to keep saloon at the southwest corner
of Second and Shipley streets. His coun-
sci is d. r. Cochran, Jr. The latter pre-
| scented number of letters from we'll
known persons recommending the grant
ing Of the license and several butchers
\ testified that the saloon is necessity and
in view of the fact that a restaurant was to
be established i'll connection with the
saloon it would much benefit the neigh
| borhood.
Mr.. Pickett opposed the license on the
ground that the place is anew one and
not needed in the community, and had
been refused by the court before. A gem
eral remonstrance was filed.
In the case of William b. Currinder of
Newark, Mr.. Prickett said that his wit
nesses were on deck, but the witnesses for
the applicant were not on hand. Il. X.
| Cochran. Jr., represents Currihder. The
case went over at the latter's request until
this afternoon, when most of the licenses
will be disposed Of
When the case of Patrick higgins. No.
lob East Eleventh street, was called
neither the applicant nor his counsel re.
| sponded. Henry Q. Turner said that he
filed higgins papers for him as a matter of
accommodation, but was not retained in
the case. The court directed Mr.. Prickett
to proceed with the case, despite the abb
sence oil the applicant Counsel for the
|
erly had license but it was revoked by
the court. A remonstrance was filed
against the place. Christopher W. Carrie,
member of the official board of Kings
wood Church, testified that the place was
not needed.
Catharine Carroll, widow of "Billy"
Carroll. asks for license at No. 0 East
Third street. The place was licensed for a
number Of years, but the application was
turned down ~by the court ut the May
term. on the ground of alleged policy
playing. Henry c. Turner and ]. Frank
Biggs appeared for Mrs. Carroll and called
number of witnesses TO prove the place
was a necessity. Among the witnesses
were Edward 0'Donnell, James Leonard
and Others. 0'Donnell said he was for
mealy the tenant of the property, but was
turned down. He denied that there was
any gambling going on there and did not
know how to play policy. Letters of
recommendation we've read from J. II.
Flynn, ]. l.. French and II. @. Parker.
Mr.. Turner eulogized the applicant and
the persons connected with the place, and
said he had known "Billy" Carroll's widow
for a number Of years: He said that
neither O'Donnell nor Briefly ever turned
o card In their lives, and were not gamblers,
Mrs. Carroll shed tears during Mr.. Turner'S
remarks.
Peter l.. Cooper, Jr.. came into court
and withdrew the application of Patrick
higgins. No. 1913 East Eleventh street.
j. Frank Biggs appeared for John Craw-
ford, who again asks for O saloon at the
northwest corner of Fourth and Poplar
streets. The case went over until this
afternoon.
The application of Patrick Heney for a
license at the southwest corner of Seventh
avenue and Duncan streets, also went over
until this afternoon. The cases remaining
unheard are those of Patrick Heney, vii.
liam B: Currinder, John Crawford and
John j. Creedon.
During the morning Peter L. Cooper, Jr.,
appeared before the court and asked for q
rule to set aside the sheriffs sale of TROOP
b armory on the ground Of inadequacy OF
price. The court granted the motion and
made the rule returnable on the 9th IN
stsant
Court took a recess until ESQ o'clock.
The application of William B. Currindel
was first considered when the liquor cases
were resumed in the superior court in
the afternoon. Currinder aspires to con,
represented by Il. X. Cochran, Jr. Mr.
Prickett filed remonstrance against the
place and said it was near the Presbyterian
Church and opposite the entrance to DeIa.
ware College. The students of the college
demonstrated against the license. Letters
were read from Senator Pilling, the Rev
Mr. DuHadway, Professor Chester, John
G.. Higgins, DR.. Neal and number Of
others.
Mr.. Prickett stated that he had a letter
from ]. Alexander Fulton of Dover, who
was member Of the Board of Trustees oil
the college.
you need not read that letter." said
Judge Cullen, and the missive was passed
over.
Mr.. Prickett was over half an hour in
reading the remonstrances and letters
against the granting of the license. No
license in recent years has been so strongly
opposed.
The following were called and testified
that the place would be an injury to the
neighborhood The Rev. j. II. Miller
pastor of the Presbyterian Church; Prof.
Frederick d. Chester, Prof. Bishop, Prof
Milton q. Beckwith, David j. Murphy.
Mr.. Cochran read letters from William
F. Smalley, William L. Wier, H. NJ
Townsend, Rankin Armstrong, Levi
Ruth j. II, Hayes, John II. Lockhart
William r., Griffin, William L. Singles,
Theodore II. Armstrong, !. T. Maxwell
Mr.. Cochran also presented a petition
favoring the granting of the license
Levi Ruth, Thomas Maxwell, George
Medill, all of whom testified that the ap
plicaEt was fit man to keep saloon
His character was not questioned
Patrick Heney asks for license again
at the corner Of Seventh avenue and Dun
can street. Walter Bacon appears fol
Heney. The applicant has been twice re
fused a license, and the Chief Justice told
Lawyer Bacon it looked like trifling with
the court to bring the case up again. Mr.