The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1893-02-22
supERron oouHr.
The Defendant In the Seymour vs.. Del
trich Case Gets Verdict nut IL is .
Barren Nictory-Another Case on
Trial.

trich Case Gets a Verdict nut IL IL
barren Undergraduates Case on
Trial.
Court reconvened at 2.80 O'Clock yes
terday afternoon with full bench,
and Immediately after the opening
the case of Joseph Morrow. We. James
+. Porter and Gebhart DIETRICH was re-
Tne plaintiff, Joseph Morrow was
called to the stand and testified that
he owned 8 cows, valued at $40 each
and bay colt valued at $50. These |
were-ali in charge OF one of the defen-
DARTS and upon his learning that |
they were about to sell them he took
out u writ of replevin for their recov-
cry.
MIR. Chandler said that he was placed
In peculiar position. as he was in
possession of facts to prove which he
knew of no witness. He therefore
asked that he be allowed to go on tho
stand as witness. He cited two cases
to show that an attorney has been al
lowed I o testify in case where he was
Interested.
This was opposed by Mr.. Hilles, who
Cited q casa In this court, a year or two
ago. and showed that the late Chief
Justice Comegys bad decided that not
even an associate att orney can be heard
u
Interested.
The Court finally decided that Mr..
| Chandler could state tho facts to the
jury, and nothing else.
| lie then said that after the case had
been put In his hands. he went to
Squire Smiths Office and demanded OF
Constable Porter that lie deliver up the
cattle The case was then closed for
the defense. when Mr.. Hllles moved
for non-suit. on the ground that the
| plaintiff hnd failed TO show thut the
property had been in the custody OF
the defendants. and also that tho COWS
and colt were seized in New Castle
County
In reply to the inst ground for n
non-suit, Mr.. Chandler snid the fact
that Constable Porter had refused to
turn tho cattle over to him when he
demanded them, showed that they
must be in his possession. The court
stsnographer read the testimony given
which showed that MIR. Chandler had
proven that the property was taken in
Christiana hundred.
A long discussion ensued, and the
court. after thoroughly considering
the matter, gave decision through
Judge cullen, granting the non-suit.
The Jury were then discharged. after
which MIR. Hilles stated that at the
proper time ho would ask to have dam
ages nSSeSSeu Tor INC uet0lluuHIS, NY Il
jury of incubation.
The case Of Gideon Iukill vs.. Will
heiuina Blackway was taken up and
Jury drawn. The plaintiff was rep
resented Nv Martin b. Hurris, aud the
defendant by Thomas PAWS.
This Is an action on mechanics
lien to recover SIS.1i, with interest
from June ~, 1891. This claim 1t is al
legged is for material used In building
| 10 fa n
town.
Gideon Hullill testified that he Is en-
gagged in the lumber business at Mid
dletown,and furnished the material To
tho defendant for building owned by
her OH Anderson street.
The witness was handed book that
lie recognized as book of original
, entry, and from which lie named the
different Kinds of lumber furnished
ana the price charged for 1t.
Continuing his testimony no said
, that at the time he furnished the lum
Der the defendant was. and still is, the
rsputed owner OF the property.
lilo was cross.examined by Mr.
Davis. but his direct testimony re,
muined mistaken in its material
points.
The plaintiff rested with this wit
= ness, VIXEN Mr.. Davis raised tho point
, that IL was not sufficient to locate the
, property by merely stating that it was
IN Middletown, and ASKED that the
} jury should DO instructed to render {
) verdict for tho defendant.
, The Court refused the request, az nc
cording to the facts as presented by
l the plaintiff it was shown exactly
l where the house was located for which
the material was furnished.
Mr.. laws then opened for the de
Tense, and commenced the examlna
e ton Of witnesses.
/ Mrs. WlIhelmina Blackway testiiiet
, that the lumber obtained was used il
buiidinE the house. Tho plaintiff hat
' furnished some lumber but refused t.
;. let her husband, have any more as Ia
h sad ho had lost too much money b,
: trusting. The witness called to Sc
. him and he agreed to furnish the lum
: Der. IL her husband who was sick at TIL
time, would give him note for $3.50
This was done, and she took the not
to niin, but did not receive receipt
lie afterwards seut 1t to her, when sh
fond that it was receipt for lumbe
- previously purchased.
= This closed the testimony for the de
= Tense, when Air. Davis recalled TIL
+ plaintiff. who testified that lie positive
, ly refused 10 furnish any more lumUe
- until an Old account oil sos, owed b
Mr. 3iackwIy Tor lumber, coal, cite.
:, WAS sGttIeu, and that the note for 5l3
. was given With the distinct understand
-. ing that the former debt was to b
!, taken from it.
y Ilis was all the testimony produc
VI ed, and as counsel on each side agrees
= to submit tie case without argument
- the Jury waS discharged until
u O'Clock Thursday morning when they
- Will be charged by the court.
1 The Jury IN the cnsc of seymour Va
!. DIETRICH. came in at 40 O'Clock, hav
t1Nry l.aEaE tf,s.. II.
:, rendered verdict in favor of the dc
- PENDANT, With q cents damages AM
~ costs. This verdict Is virtually vie
i. tory for MIR. Chandler, as his Glen
=, the plaintiff has tho mare and colt. al
,s VIII only be obliged TO ray the cost,
t. wlicn in Ga case will be light.
= After tho Jury were discharged
- was learned thut just before they cam
IN in. ballot showed that stood to 3
"a favor OF the plaintiff. 1t is therefor
~ thought by some that the verdict wa
~, Intended to he in favor of tho plaiHtil
~ aud that a mistake WIS made in al
~ nuuncing 1t to the Cont
NO Tho case OF Ann J. Brown, defendaI
u, | below, We. John Thompson, plaiLti
~ below was tried by referees JOSEF
90 Jackson Pierce. john McCioskey ar
"a Samuel Chambers. .Lilburne Chandl
appeared lUl Mrs. brown. and Frank
Carpenter Tor Mr.. Thompson.
This WAS suit to Recover consider
le tlun money Tor lot at East LAX
he and was originally tried before Sqni
he Monaghan who gave Judgment
{. behnlr of Thompson. Mrs Brown a
80 peaiCd To- tie Superior Court. aud
Ill was finally agreed to Try tho Issue b
in foro referees, instead OF n jury.
30 verdict was rendered for SIS in favor
w Thompson.
at At SO o'clock court I'D Iourncd II
of Til ~ O'Clock Thursday murnn
3i on account Of TO day being WaGbin
20 toms birthday.
of
.G Dyspepsia anu Liver Complaint.
- Is il not worth tho Snau priee Of T