Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1893-01-12
THE CITY LOSES AGAIN.


Mayor and Council of Wilmington &C.
cupied the attention of superior court
yesterday afternoon week. The plaintiff
was examined at some length by Mr..
Curtis for the defence. The case will
probably require several days in which
to try it.
In the superior court Thursday after
noon the judgment of John L. Dickey |
VS.. the Republican Printing and Pub
fishing Company, for criminal libel,
was set aside. The defendants were re-
quired to enter special bail and the case
will now 90 on the trial list.
The Benson damage case dragged |
along until 4.l5 o'clock, at which time |
the jury was discharged until 10 o'clock |
Friday TO allow some Of the jurors |
to catch train. The court was then
ready to hear argument on the rule to
| show cause why the judgment of John
4. Dickey VS.. the Republican Printing
and Publishing Company should not be
opened. Senator Higgins and Philip Q.
Churchman appeared for the defendants.
Willard Salisbury and Peter L. Cooper,
counsel for Mr. Dickey, were not present
when the case was called.
| Without hearing argument Judge
| Cullen held that the judgment must be
set aside and the defendants be per-
mittcd to enter special bail. The suit
was begun by writ Of capias upon an
affidavit on an action of libel.
Mr.. Salisbury entered the court room
after the decision had been made and
asked that an opportunity be given Mr..
Cooper to present argument to the court,
to which the court assentcd. Mr. Cooper
was said to be out of the city.
II. II. Ward appeared as counsel for
Walter Blackburn, who is in jail sery-
ing sentence for driving off o horse
He stated that the prisoners term had
expired December 22d, and as he was
unable to pay the fine imposed in the
case, MIR. Ward asked that he be re-
leased. The court ordered Blackburn's
release.
In superior court Friday morning the
defence began calling witnesses in the
damage case of Anton Benson vs.. the
Mayor and Council of Wilmington.
Henry d. White was the first witness
called to the stand. lie testified that the
ground upon which the house Of Benson
is located i'll the lower end of the Ninth
ward is soft and marshy and was liable to
absorb moisture, the allegations of the
caused the surface water to flow into the
cellar OF Betison's house, having ten
dency to undermine the east wall.
/. john Madden, the next witness, was of
the opinion that the settling Of the build
ings in the rear of Benson's house caused
the damage.
Building Inspector Daniel Dohl also
testified that the rear part of the house had
settled lower than the front portion Of the
building, and this would have a tendency
/. to cause the walls to bulge out.
Chief Engineer Harry Palmer of the
, City Engineering and surveying Depart
e ment was called and exhibited the records
of grades III and about the city, including
. the grade about the Thirteenth street
T, house.
4 Court adjourned at / o'clock until . 80
: p. M.
! At Friday afternoons session Of the
7. superior court the case of Anton Benson
VS.. the Mayor and Council of Wilmington
for damages to the plaintiffs property by
e reason OF changing the grade was resumed.
!, The city called u number Of witnesses to
Y controvert the allegations of the plaintiff
/. and then rested its case. The jury was dis
i charged until Monday. In the afternoon
4 Samuel w. Simmons testified that last
Il summer he saw surface water entering the
/ house adiourning Mr.. Benson's.
Joseph l.. Carpenter, Jr., president OF
l. the Board of Street and Sewer Directors,
!. was called and testified that he bought the
house No. lOll East Thirteenth street
a | winch IL lOCaLeu III lnG sdlllt row as lItll
Il sons. He had had experience iii Building
3 houses for 80 years and had erected Of
!, caused to be erected 200 or 800 houses
d MIR. Carpenter also had charge of houses
il in the eastern end of the Ninth ward. He
testified that north of Eleventh street ant
d extending to Nandever avenue the lane
- over there is about 10 feet below the estab
lished grade of the streets. All this lane
/, has needed filling. This row of houses ol
which RensOn's was one were the worst hi
had ever seen The yards are higher thar
re the back buildings. The natural drainag,
D of the land is to the northeast. The city
u then closed,
81 Mr. Hilles for the plaintiff called Charles
~ Il. Hendrickson to rebut testimony pro
" duced by the defence. Anton Benson TIN
~ plaintiff, and Mrs. Benson, testified to
conversation between Thompson and him
in which Thompson said that the break il
the wall was caused by water Leaking
e. plaintiff. He was addressing the court o.
points of law when court adjourned unit
es 1890 q. m. Saturday. All the juror
Id were discharged until Monday morning:
<. In superior court Monday morning vii
II; liam $. lilles completed his argument 10
&C. the plaintiff in the damage suit of Anton
IS Benson vs., the Mayor and Council 0
Is Wilmington. Damages in the sum 9
ar ST. 500 were asked for by the plaintiff. MI
o. Hilles concluded at Ills o'clock.
City Solicitor Curtis opened for the cit
d. at HIPS o'clock and finished addressin
&C. the Jury at l215 o'clock He was argun
It, the points at law in the case when coul
is adjourned at | o'clock until go p. M.
At Monday afternoons session of TIL
let superior court William 5. liilles iinishe
no his argument for the plaintiff in u
damage case of Anton Benson vs.. Il
N. Mayor and Council of Wilmington. II
argued that the damage to Benson's hois
.es was not due to its being below grade. bl
les due to the city's negligence. Soon aft,
tut the suit was brought the city fixed 4
grade. In closing Mfr. Hilles asked for II
re full amount of damages Court adiourno
until 10 o'clock Tuesday morning.
m In the superior court yesterday jude
nd Cullen charged the Jury in the case I
to Anton Benson vs.. the Mayor and Coui
on Gil Of Wilmington and that bod
ot retired at 1880 O'Clock, At II oclnc
it. the jury returned with verdi
of 81 000 in favor of the plaintiff, Sl
of was brought by Benson to recover 4
damage alleged to have been done i
he house caused by surface water enteringti
ar cellar, which the plaintiff claims damagt
the foundation. The city, on the 9TH
'e: hand, claimed that the ground on whic
err the house was located was wet and marsh
w. and this contributed to the settling of Il
es, building.
W. The case of Mode VS.. the Delaware Loa
Association was continued until Decemb
ed. Both. The case of Collins VS.. the Mechani
sx, Loan Association, was continued until u
same time: the last case to claim priorit
zen over the first.
CO In the case Of Samuel Slessenger, ct a