Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-05-24
SUPERIOR CoURT.
Civil Business Taken Up at Monday Morn
inE'S INSTRUMENTATION Railroad Case
Settled.

80 FNOh 10 huDtllOl COulb
yesterday afternoon week the Chief
Justice announced the decision in the
cases Of Samuel G.. Fisher and Robert
Walters against tho Republican Printing
and Publishing Co., action for libel,
granting a continuance until the Novcm.
Der term. Peter L. Cooper, Jr., during
the morning appeared for tie defendant
company aud asked that the cases 20
over until the November term on the
ground Of absence OF II maturiu! witness.
William Michael Byrne read the peti.
ton for continuance of the case of
Michael Fuino, indicted for the murder
of Carlo Ruva, asking fora continuance
on the ground Of material witnesses
being absent. The petition set forth
that subnnnas had been issued and re.
turned non est by the sheriff.
Attorney.General Nicholson opposed
the motion in behalf of tho State and
said he knew OF no reason why Faiuo
should not be tried on May 31st, which
would give counsel for the defence time
TO get their witnesses from another State.
The witnesses have signitied their will
ingneis to attend court, Mr.. lIilles had
said, the understanding being that they
were not to be arrested, and the attorney
general would be ready to go to trial in
two weeks. The court granted con-
tinuance for two weeks. If counsel for
the prisoner are unable to get their wit
nesses to Delaware by that time the
court may or may not grant contnu-
ance until September. AS 1t stands now
there is probability of the murder case
coming to trial on Thursday, May 3lst.
The special oyer and terminer jury has
been discharged until that time.
The court handed down decision in
the McGarvey descrtion case. The court
made an order that McGarvey pay his
wife 81 per week and that he give bond
with security in the sum of $500, and
upon failure to comply with the order
OF the court he be imprisoned until re.
leased by the courts orders. Judge
Cullen announced the courts decision.
Mrs. Margaret AlcGarvey entered
security in the sum OF $500 for her sou,
Joseph 9. McGarvey, for non-support
of his wife.
In the case of Louis Franklin & Sons
VS.. James Melvin, Walter Ii. Hayes
made application that the short memo
randum pleas be set off and payment
be set out, citing as authority Nc
Twain VS.. Holland and Records
in Fifth Harrington. Court an
nounced that the defendant was bound
to draw out the pleas in full upon
giving him notice. Notice will be
served by the prothonotary. John Biggs
is counsel for the defendant.
True bills were returned against the
following merchants for failing to take
out license: Solomon Pinder, Dia-
mond Printing and Publishing Co.,
Coleman b. Harris, w. Z. Bratton,
Nathan HurshmaR, Joseph Ebertz,
Charles B. Dougherty, William McKen-
zie, Isaac Tyson, Warren T. Ellis,
Howard Simpson, Patrick Fahey, HAM
Hogelsberger, John X. Callahan, Robert
Covington. The attorney. general an
nounced that all the doctors had come
up and paid their fees. The only de-
linquent lawyer is Walter Bacon; who
has been indicted by the grand jury.
The grand inquest ignored the bill
against Henry Nichols, charged with
larceny.
When court convened last Monday
Colonel Benjamin Nields announced n
settlement in the case of James L.
Brooks VS.. the r., w. g. B. Railroad Co.
The case was discontinued. Senator
Gray represents the railroad company.
II. II. Ward, for the defence in the
case of Joseph l.. 0cheltree, d. b. a., VS..
Lowell Bros, p. b. r., reported judgement
for the plaintiff below, with 30 days
stay of execution. The amount of judg-
ment will be ascertaincd by counsel.
The replevin case Of Edward IIagan
VS.. Elizabeth Pagan has been referred,
referees to be selected by prothonotary.
Tho return will be made this term.
The plaintiff was given judgment for
costs in the appeal case OF Thomas r.
Lally, d. b. a., VS.. John A. Newell, p. b. r.
The case of William Cothall, ct al. US.
DR.. Bennett Downes has been referred
to counsel for settlement. Lilburu
Chandler for the plaintiff and Peter L.
Cooper for the defendant.
In the suit of the Merchants National
Bank of Philadelphia VS.. Isaac Bolden
the plaintiff has obtained judgment for
costs.
Philip Q. Churchman rerNrted
settlement in the case of j. Y. Dryer
Co., d. b. a., VS.. Abram Il. White, p. b T.,
amount to be ascertalned by counsel.
Counsel subsequently, agreed upon
Sl36.S0 as the amount. Hoifecker IL
Hoffecker represent the plaintiff.
Charles b. Evans reported settle
ment of the suit of George NJ. Hustler
vs.. Samuel Darlington's administrator.
The plaintiff obtained judgment to the
amount of $500. Harry Emmons rep.
reseutS the defendant
Superior court was in session but q
short period Tuesday morning.
The case of the Philadelphia National
Bank VS.. Martha Morgan was called and
he court decided that the affidavit of
lemand signed by the assistant cashier
was sufficient. the cashier being dead
and the assistant was competent to per-
form the functions as cashier and was
cashier defacto. Iilghmau Johnston APP
pears for the plaintiff.
II. H. Ward opposed the affidavit and
,ontended that the statue must be con-
Itrued Utterly, there being no cashier
ne commended. lie claimed that the as
iistant could not sign the affidavit of
but the court thought other.
wise and so ruled.
Harry Emmons reported that the case
If Mary Downs vs.. John w. Carroll
would either be referred or continued.
Lewis G. Vandcgrift represents the de-
endant. -.s. ,.
In the suit of Lilburn Chandler ct al,
rs. w. j. Dunsoith, the plaintiff obtained
Judgment to the amount of $162.50.
In the superior court, yesterday
counsel reported judgment for costs In
'ase of James Neal VS.. Otto Heiss.
ioffecker & Hoffecker for the plaintiff
md Lilburn Chandler for the defence.
John Biggs reported that by agreement
If counsel the suit Parvis & Williams
rs. IL. N. Roberts had been carried over
4 I'll III .n..A A.,....