The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1893-11-28

The afternoon session OF the Superior
Court yesterday was taken up with
the Forbes case. The case was for an
appeal Of the decision given by the
Municipal Court In 1889.
ii. II. Ward and Ii. q. Conrad ap.
peared for Mr.. Forbes and City Solicit
tor Elliott appeared for the city.
Mr.. Elliott offered In evidence deeds
and proofs OF conveyance Of the prop
erty to Mr.. Forbes. The first winners
wasS. W. Schultz.
Ho said that in 1889 he was an execu-
tive officer of the Board OF Health.
Acting In his official capacity he was
called upon to visit property on the
north side OF Firth street between Har.
rlson and Franklin streets, the pro-
perty OF 8. ID. Forbes. In the yard at
tached to the house he found frame
house which was over q hollow place
In the ground. The frame house was
sitting on stones and was banked
about with dirt and ashes. In his
opinion the cesspool. IL 1t was cess.
pool was not more than fifteen inches
deep,
On ross.examinatlon he said that
as far as he could SEQ there had
never been any effort to make we'll
at all.
Mayor Shortlidge testified that as a
physician OF the Board OF Health he
was called on to visit tho property
spoken OF. As to the construction or
prlvy well he said there was no EVIL.
dence OF construction. There has
been lot OF dirt scraped out OF the
ground and the house has been placed
on top OF a lot OF stonos. In his opn.
Ion the hole In tho ground was not
more than fifteen or eighteen inches
mi ~ n NIL
that II his memory served him right
the stones on which tho frame build
Ing rested were at the corners,
Or. Willard Springer testified that
he visited the property spoken OF and
found small house sitting over
little hole which had been scooped out
OF tho ground. The contents OF tho
hole were running out The hole was
about fifteen or eighteen inches deep.
Tho octor said he could not remem.
Der whether he had testified in this
case In the Municipal Court, as he had
testified In several cases against the
defendant.
William Il Lee testified that az sec.
rotary Of the Board OF Health he visit.
ed the Forbes property and looked ut
the place complained Of. His descrlp-
tod OF the pfivy we'll agreed with that
OF other witnesses
MIR. Ward, for tho defense, called
the attention OF the court to the fact
that no attempt had been made to
prove that any effort had been made
to construct priyy we'll. lie then
called attention to the fact that the
law saying that privy wells should be
a certain depth was passed on March
lith, 1885,, and that it Should have been
proved that tho prlvy we'll was con-
structed after the law of 1882 went into
effect.
The chief justice then told the jury
that the evidence in the case was in.
sufficient and tho verdict should be for
the defendant.
Chief Justice Lore after the trial.
called the attention OF tho newspaper
men to the article which appeared
in the papers saturday concerning the
carrying of concealed deadly weapons.
1 lite sud II was uGtfue that Attorney
/ u neral Nicholson had stated that the
discharge OF John cullen practically
/ repealed the statute under which the
indictment was dra wn.
| Tho case Of Franc is Small, who had
! sued the city for 80, coo for tbs loss OF
hand by an explosion on Boone
street, WAS declared settled.