Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1893-12-14

/ wv lhlluIEs Ilt LLb ROOus NtTt
worth $500. The defence closed after
calling ex-Sherif William Simmons, who
said that he suggested to Topkiss that he
had best take advantage OF the usual
waiver of 30 days, IL he intended going on
with his business. The defence then rested.
The plaintiff called Mr.. Freeman TO re-
but the evidence Of Topkiss.
Court adjourned until 10 O'Clock Saturday
1 morning.
The Topkiss case again occupied the
attention OF the superior court Saturday
| morning,
There was the same deep interest mani
| Tested when court recunvencd at 10 O'Clock
a. IN. Saturday, but noticeable incident
was the non-appearance Of Topkiss, who
| was conspicuous by his absence. Where
| he was no one knew. The little wizard
| members of the bar and led to no end of
| litigation, could not be found. He had
| been an interested spectator during the
| whole of the trial, and when he did not
show up OH Saturday there was much
speculation as to the cause of his absence.
| At the conclusion Of the argument Chief
Justice Lore discharged the jury until 10
| o'clock Monday morning.
Announcement was made of the settle
ment OF the case OF Arthur u. Wilson VS..
the Harlan d. Hollingsworth Company.
| wilson was an apprentice employed by
the defendant company, but was dis
| charged for presumed good reasons. He
then brought suit to recover the sum of
about 500 rs wages which he would have
received NJ the conclusion of his appren-
ticeship, but subsequently, withdrew the
suit, settlement having been effected
The case OF the l.ycoming Insurance
Company, use of John II, Beeber, receiver,
vs. Stephen ii, Downey, was called up this
morning, when argument ON a rule was
made by Colonel Benjamin Nields and
Walter II. Hayes for the defence. j.
Alexander Fulton appeared for the plain.
tiff.
The defendants asked leave to amend
their pleas, contending that there is no
such corporation as the Lycoming In
suranGe Company. The defence ayerred
that the company was insolvent fully
three years prior to the instituting of legal
proceedings against the policy holders Of
New Castle county, The Lycomins
Insurance Company, the defence claims,
went into Il receivers hands on October
eth, 1881, which suit was not brought until
June 9th, 1885.
The rule to show cause why the sheriff
sale of the Troop b armory property
should not be set aside, has been con.
tinued until Saturday next at which time
1t will be argued by Judge Ball for the
arfnory and John IL. Rodney for the State.
court on the application of counsel for the
Academy of Music to set aside the sheriff
sale OF the property. Judge Ball and Peter
l.. Cooper for the Academy of Music
Company, and Harry Emmons for the
purchaser.
In superior court Monday morning
Chief Justice Lore charged the jury in
the case of Freeman d Wise, Topkiss
case, and that body retired at 1915
o'clock.
AT 10 o'clock the jury returned with
verdict for the plaintiff. This puts an
end to the celebrated Topkiss case, and
disposes of number of similar suits
against the plaintiff. No money con-
sideration is involved, suit being brought
merely to decide who is entitled to the
goods which Freeman s. Wise, together
with other creditors, repleyined from
the wizard clothing dealer.
.. G. Bradford, representing the de-
PENDANTS in the case of William II.
Fennimore VS.. Wilmington & Northern
Railroad Company, informed the court
that the case had been settled and would
not, therefore, come to trial.
Mr.. Bradford also made the announce
ment that the case of Lettla x. Dunlap
vs.. the Wilmington and New Jersey
Ferry Company had been settled.
Peter L. Cooper, Jr., in the case of
John p, Jester VS.. John Dougherty, con-
sented tot judgment to the amount of
$50 in favor OF the defendant, with
stay of six months execution.
Tho court appointed 8. A. Macallister
commissioner to take testimony in the
divorce case of Mary L. VS.. James u,
Cotton, on application of ex-Mayor
Harrington, attorney for the petitioner.
A jury was then drawn TO try the case
of Frank A. Mitchell VS.. the Mayor and
Council of Wilmington, The plaintiff
sues to recover about 5000 for turring
pavement on Adams street, in this city.
He is represented by James w. Ponder
and William s, Hilles, Bradford and
Vandegrift and City Solicitor George A.
Elliott are defending the city.
President of the Board of Street and
Sewer Directors j. Newlin Gawthrop,
Samuel Chambers, and the ex-president
of the board, Joseph l.. Carpenter, Jr.,
were present to watch the proceedings
Of the trial and to aid in looking after
the interests of the city.
Mr.. Ponder opened for the plaintiff,
cover for ~ort rerforned Iu ~ w. t9
for The Street I'D sewer io, rnp paa,a' T.,
tS;s city Ne SAID the W. a Lod hd II,
done ny M M;tchsi w., I'm s, nnu peen
this Ut ,yIo baS NO, l, .me pra,ntm "
fnr liz sor,,;oas 40" , ~ oG9 49,.
ssao "a With ;n,aroot " Fs INC I nand Was
n isat "'' in''ies' ifoiii l'cceiiiDer
- -oJi' ,,,,.u
FRANK a. Mlttcheil' Inc plaintiI, TOOK
me STANG ana was examined by MIR.
hllles. ne sald nc was among the bid