The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1893-12-08

Alter the opening of the Superior
Court this morning William s. Hilles.
counsel Tor tho plaintiff In the suit of
FRANK A. Mitchell Va. city OF Whining.
ton asked tho court for an order. com.
polling the defendants to produce Ger.
tain material papers when the case
shall be brought up in court that the
pinintil might have access to.
The papers include lottrrs written to
the Street anu Sewer department and
Street and Savior Directors by MIR.
Mitchell In regard to tho payment OF
his claim against the city. together
with resolution passed. by that body
ana the measurement OF certain
piece Of ground OF material impor.
lance in trying the case.
Lewis q. Nandagrift. on the part OF
the defence, said the papers would be
| produced at the proper time, and II
no wns then commanded by the court
TO allow the pluInlln TO examine them
he would 10 81.
| llie ceurt said tho application would
be given due consideration.
MIR. Mitchell brings suit for 5000:
TINS amount Ito ctIims duo him for
| paving and tarrlug a street,
! ne city claims the work was not sat-
| lslGctufily done according to the con.
tract, and therefore refused to pay the
ll. The case will lie tried on Mon.
day.
HE fcpklss caee was then resumed
John y, Hanson oil New Castle was
callei for tho plaiRtilf to prove that
| Inpklss had condnrted small store
IN tho Delaware House and hts stock
OF clothing represented only about
$1,000
Topliss told the plaintiff that he
cnfrind largo stock OF goods and
That he was only indebted a few hun.
dgsd dollars.
Mrs, I. Roth was called to prove
who sent the Unsigned telegIam which
Herman kranae received. and she
stated that she had. Mr.. Cooper offer.
Ell the telegram, In evidence hut Mr..
LlR objected. which the court sus.
talued.
! George J. Trick was called by MIR.
Sanbnrn to ir1va that Topbiss did not
own any real estate in 1891. MIR. Ly.
nnm objected on the ground that no
testimony had heen " reduced to show
mat leFki.S owned property. He said
ne intended 10 buy some property ant
the court sustained thu objection.
When Mi. Cooper Offered the iudE
menls ana execution III evidence. MIR
Imam oti"e'c,l and n lengthy argu
ment followed! ! he court finally sus
tiiuta M. Lyman > objection.
Henry ii. George conducts q FUN,
ishlng store at Sec Dni and Market
streets, lie dealt with Freeman and
Wise. lie considered bill OF goods
TO the amount of Iopkis' was very
large. Having thirteen years of expe.
fieice In to the business he thought O
bill of 800 was large.
Samuel S!e5inger produced his books
which showed Iopltlss' Indebtedness
10 him on September 18th TO be 1880
David Ahratnson had been subpnnaed
70 produca his boulis. but since the
last torn Of court he had failed In
business and his books were now IN
he hands OF other parties TopHiss
was indebted TO him $500. The
plaintiff then rested.
Mr.. Lyman in presentidg his case
said to tue jurors that he would provo
Thai tho statements made by Mr. Wiss
concerning Tophiss's financial stand,
ing were utterly faisn. IopkIss only
owed tho firm then fl43 and that wheii
he ordered the goods Mise wanted him
TO give him larger order. At O'Clock
Court adjourned