The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1893-12-11
FIFTH EDITION.


frocethiii2s OF Court.
Chief Justice Lore charged the Jury
In the Topkiss case Immediately after
tho opening OF the Superior Court this
morning, and at 1915 o'clock they 70.
retired.
Il. g. Bradford, counsel for the dc.
PENDANTS in tho case OF William Ii.
tenniIuore VS.. tho Wilmington and
northern Railroad Company informed
Inc court that the case had been SGT.
tea. hlr bradford also Informed the
court that the caee OF Letitlu X, Dun
lap Va. the New Jersey ard Whining.
ton Ferry Company, had been settled.
feter H. Cooper, counsel for the
plGlhtill in tho appeal case OF lain P.
Jester. d, b. a., Va. John Dougherty.
consented TO judgment 10 tho
amount of 500 in favor OF the defend.
ant with a three months stay of exe.
cutlon. which was granted. On appIica.
iioii OF lllblrne Chandler the case of
fhlllp Meyer Va. Charles Pratesi. which
was set Tor trial to-day, was continued
until tomorrow afternoon.
Colonel Samuel A. Macalllstar was
appointed commissioner by the
Court to tnkn testimony in the divorce
case OF Mary l.. Cotton against James
=. Cotton, on the application of Aus
ant.
counsel In the case of Frank A.
Mitchell Nj VS.. tho Mayor and Council OF
wilmington announces that they Hero
ready Tor trial, and n Jury was drawn
70 Try the case. Tho action ia ono to
recover sS?3 SO with interest from De.
material furnished.
Mr.. Mitchell entere into n contract
with the Street and Sewer Department
TO cover with pitch the new pavement
on Adams street above Ninth. He did
tho work, but failed to get the
amount
WIN. $. lIllIes and J. W. Ponder rep-
resented tho plaintiff aud Lewis Z.
Nandegrilt tho defendants
Frank A. Mitchell WAS the first wit
ness called. He contracted with the
Street ana Sewer Department in Octo.
Der OF 1891 TO pitch Adams street
neoYe Ninth ut II cents n square yard.
no pavement was to have bnen first
sanaed and rolled but when they be-
| gan tho work 1t Was not done The
second day they mOnpcd tho pave.
| moht, which annu led the former con-
tract; after entering into another con-
tract they began to do work on Elev-
enth street between Washington and
Orange streets
Mr.. Nandegrift crOssexamined Mr..
/ tho first contract because tho depart.
ment did not keep It's contract by not
sanding ana rolling tho Adams street
| pavement. lie could rot therefore do
tho work with profit, and Uniformed
tho directors 10 TINT ciGcct. None OF
| tha directors had ever complained to
him that no was not doing the Elev.
ohth street work according to con-
| tract nor did ho ever receive any in.
/ farm Inn hn IN
factory.
Oscar Woodbury. is civil engineer
in tho employ of John Jucoby lie was
snperirtending the work which Mr.
Mitchell! did on Adams street. He had
heard the directors say tho work on
Adams street below Tenth was unsat
isfactory. This piecs OF work was
done as a sample. lie condemned the
work Of tho mopping.
Frosty weather prevented tho pitch
from adhCring to the bricks. and as the
work was done in cool weather. the
tar not HdhurinU. he. as well as the
directors, objected to tho work. When
he or tho directors complained to Mr.
Mitchell about 1t, he always heated
the pitch more.
Nothing was revealed in the cross.
examination.
The plaintiffs Ihen rested.
Mr.. NnndeErift, in opening for the
defence said no would prove to the
satisfaction OF tlD Jury that Mr..
Mitchell had entered into contract to
do the WORK at n cents. that he did
not do the work satisfactory and that
It was worse than il hH had never
touched 1t. Alter sluiiug his case the
Court discharged the Jury until th-
afternoon In order that the Court
might confer witt Chancellor Woleott
on matters rortn.ng 10 tile Court OF
Ell ors and Appeals.
viEpIur AGAINST rorKIss.
At Hos O'Clock tho lopiiss Jury re-
turned with VERDICT IN tnvor Of the
plaintiffs. Freeman and Wise. Thej
Will now lie allowed to hold the sl6.
which they replcyined from the STOCK
OF Iopklsl. The verdict PRACTICAL,
settles tho four remaining caaas