Evening journal., 1894-01-05
DIVORCE CASES TO-DAY.
One Granted and Two Held
Under Amusement.
THE1sUTTBRwoRTH-ooNROY CASE


the $4,000 Libel suit-Mrs. Hawkins
Has withdrawn Her Appeal From
Register Cooch's Decision.
In the Superior Court yesterday after
noon the case of William a. Lee VS. the
Mayor and City Council Of Wilmington
was set for trial on January "a After
Mr., Hayes had filed two affidsvits and
promised to put in three more, the Ly-
coming Mutual Fire Insurance cases were
continued to the February term. The
petit jury was discharged. and special
juries will now be the order % the day.
Thomas Davis presented petition for
the sale of 450 bushels of corn attached
in the hands Of John Ellingsworth, OF
Blackbird hundred. Decision was re.
served.
On motion of Walter H. Hayes the
case Of Adelina Shockley VS.. the Mutual
Beneficial Loan Association was con
tinued with leave to amend.
The court rendered a decision in the
certiorari case Of William Lawton ct al
VS. the j. Barkley Bros. Company. The
plaintiff obtained judgment 10 Msgis.
trate Smiths court. Harry Emmons,
representing the plaintiff, got fout
ceptions to the record on the ground
that it had been altered. Mr.. Hilles. for
the plaintiffs below, resisted the excep-
tions on the ground that they were not &C
companied by the necessary affidavit
The court decided that the magistrate
should correct the records and
warned all justices Of the peace agaii st
altering them The parties interested
we're given until January 20 tn sllege
diminution
f. q Bradford demurred 70 the pleas
fled by Lilburn Chandler in the libel
suit of George S. Butterworth VS.
Joseph D. ConroY The suit is for
| $50, 900. Conroy having withdrawn let
ter OF recommendation he gave Butter
worth and in the Withdrawal alleged that
Butterworth had embezzled his money
and goods. This, It is alleged, caused
Butterworth to lose his place and char
acter.
The demurrer was to the first ant
second counts. Mr.. Chandler was granted
leave to amend and the demurrer falls
The chief justice said there would bI
a short session tomorrow morning at
o'clock, to dispose Of what business wal
ready. and then court would adjourn
until January %
On Tuesday. January 10. the judgel
will sit in the Court of Errors and Ap
peals at Dover, and it is expected tina
the work Of that court will require
several days
Everett L Abbott has applied for
divorce from his wife, Margaret g
Abbott. The hearing will be at tn
February term
| Willard Salisbury, Jr, brought tn
contest over the administration o
the estate of the late Mrs
Mary Mahaify to summar
conclusion by withdrawing in the nam
of Mrs. William f Hawkins. all obieC
tion TO ex-United States Marshal Mahaff
as administrator. The court ordere
that the costs should be paid out of tn
estate
Mrs. Mahsny died without leaving
will. Her heirs were her son, the el
marshal, and her granddaughter. Mr.
William E. Hawkins, wife OF the real eI
tate broker. The son applied to Registe
of Wills Cooch for letters Of Rdministra
3 tion, being represented by Philip
Churchman. Mrs. Hawkins resisted thi
application contending that her interest
would suffer at her uncle's hands an
that he was not a fitting perso
for the office She asked the register {
I name he Equitable Guarantee and Trus
Company, a disinterested party, or th
. Equitable and herself, to administer tn
! estate. After long hearing, in whic
much family trouble was gone into, th
register gave decision
favor of the son. Mrs. Hawkins appeale
but decided that, rather than air th
family affairs In the open crurt room, sh
would withdraw her appeal fsom til
registers decision.
= The court issued decree of absolui
r divorce in the case of Lucy b VS.. Georg
w. Hayes Hoffecker & Hoffecker reI
. resented the plaintiff and William
) Hi,les the defendant
4 In the case of Laure z. vs. George
Baldwin, the return Of the commissions
was favorable to divorce, but the coul
held the matter under advisement unit
= Tomorrow morning
! The return OF Commissioner Hugh
I Browne in the divorce case of Frances
VS.. Charles Emory Coleman, was pr
. sented but not acted upon. Mr. Brown
was appointed to succeed Frank ID. Ca
penter, deceased. E. r Cochran, il
4 is council for the petitioner.
Philip Q Churchman had bis nan
: stricken from the record as representa-
n the plaintiff in the divorce suit Of Villa
= Il VS. Mary S. Mearns
Court adjourned until 8 o'clock {
= morrow morning.