Evening journal., 1893-12-11
ABAD JURY FOR TOPKIS.
1t Renders a Verdict Against
the New Castle Financier.
MITOHELLssUIT AGAINST THE CITY
He Wants Pay for Tarring, Which the City
Says Was Not Properly Done-Two Cases
Reported Settled and Judgment Con-
fesssd in Another Colonel Macallister
Appointed Divorce Commissioner.

q WISE vs. jacob lopkls. Inc Jurors
retired at 10 10 o'clock
On application OF exMayor Harring
ton, counsel for the lbellant, Colonel
Samuel A. Macallister was appointed to
take testimony in the divorce case of
Mary +. vs. James E. Cotton.
The Creedon license case was post
poned until next Saturday, and it is not
probable that the licenses will be an
nounced until that time.
Edward G. Bradford reported settle
ment of the case of William II. Fenni.
more VS.. the Wilmington and Northern
Railroad Company, and the case was
stricken from the list. He followed this
up by reporting similar DISPOSE
tion of the case of Letitia X. Dunlap vs..
the Wilmington and New Jersey Ferry
Company.
In the case of John p. Jester vs.. John
Dougherty Peter L. Cooper, Jr. con
fessed Judgment in the sum of 500, with
six months stay of execution.
On motion Of LilbuTn Chandler, the
case of Philip Meyer VS. Charles Pratesi
was continued until tomorrow afternoon
The case Of Frank A. Mitchell VS.. the
Mayor and Council Of Wilmin gton, was
called and a Jury drawn. William s
Hilles and James w. Ponder repre- ssnted
the plaintiff Lewis c. Vandegrift aud
City Solicitor Elliott appeared for the
city
President J. Newlin Gawthrop, Com
missioner Samuel Chambers and Joseph
L. Carpelter, Jr, ex-president OF the
Board of Street and Sewer Commission
ers, were also present.
The suit is TO recover about $e32 80
with interest from December 4, 1891,
for tarring rOadteds of the city.
In his opening Mr. Ponder said the
work had been done by Mr.. Mitchell and
the city had never paid him
The plaintiff was put on the stand, Mr.
Hilles conducting the direct examination
he said he was the successful bidder for
the work Of tarring the paving on Adams
street, where IL is iutersscted by
Eleventh. The weather was bad, but
he did the work according TO the sus-
gestions of the Street and Sewer Com-
missioneTs. The city refused to pay
him.
VIXEN Mr. Vandegrift crosse examined
him he said be did not recollect that he
took he initiative in getting the con
tract. Messrs. Gawthrop and Carpenter
superintended the work. Mr. Chambers
had little or nothing TO do with it
They never complained that the work
was unsatisfactory. He was unable to
live up to his contract because
| the department departed from
the Specifications, entailed more work
upon him and, by agreement, the price
per square yard was increased several
cents The only objection they made was
that6the tsr was not quite not enough. He
told them the tar would not run down
between the tracks properly on ac-
count Of the weather being so cold.
Civil Engineer Oscar Woodbury.
testii led that he looked after the paving
for the city and inspected the work
Mitchell did at Eleventh and Ada ms
streets. He heard conversations between
the commissioners and Mitchell
The commissioners made general
objections to the work on Adams
street near Ninth The pitch will run
down and boil out again il the bricks are
damp Part Of the time Mitchell wa
doing his work the bricks were wet and
filled with frost. He said.
Il condemned the work because | die
not believe in the mopping. thought
IL should have been poured. In moppiHg
the pitch would chill before it ran be
tween the bricks. 1t would even chill
on top when poured AS soon a;
square was finished 1t wa
thrown open to the public. Tn,
commissioners never complained to me
that the work was unsatisfactory
The sand would enter into no part Of th'
adherence 1t merely makes it cheaper
The cement is the pitch. Hot sand wa
put over the pitch to keep horses from
slipping
Mr. Vandegrift-"Mr. Woodbury., yor
have not been in the employ of this city
since that job was completedg'
mo, sir
"By whom are you employedg
"By John Jacoby
In redirect testimony he said th'
bricks were driven so close together tina
it was almost impossible TO get chilled
pitch between them. Mr. Mitchell hs'
not hing to do with laying the bricks
The plaintiff then rested
No Objection TO Honest Bills.
In opening Mr.. Vandegrift said tha
the city had no objection to psyinI
honest bills. Mr.. Mitchell urged the Stree
aud Sewer Commissioners to give hin
the contract at II cents per yard. Whel
= be found his contract would bankrup
him be was released and a new one made
after he had experimental to see wha
: he could do it for. After having mad
that new contract. the work done wa
a positive disadvantage and the conditioi
Of the pavements was worse than
he had never put any pitch on them
To Confer on Appeal Business.
. Att 30 o'clock court took reces
until g 80 to enable the judges to confe
with Chancellor Woleott on matters con
nected with the last session Of the Cour
t Of Errors and Appeals. The confereRc
4 was held in the judges parlor.
The TOpkis Jury In.
At 1l.55 the Topkis jury filed in an
returned a verdict for the plaintiff
o Freeman & Wise, who replevined th
. goods. This gives them the right &
! hold the goods The jury was dis
charged from further attendance.
This, by agreement, settles all th
other replevin clses pending.