Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-02-08

ages, because oil Inc alleged negligence oil
the defendant, the burden of proof is OIL
the plaintiff, 10 show such negligence u
your satisfaction by u prepondcrance Vi
the evidence.
In reaching your verdict in this case
YOU must be governed only by the evi
uenee. No declarations or statements not
supported by that evidence; and no infor
nation from any other source should Dc
considered by you for one moment:
There is great conflict of testimony in
this case on nearly every material point
In considering conflicting testimony, the
rule is, that you must reconcile il ii YOU
cam II you cannot reconcile it, then you
should give credit TO- and be governed by
that testimony which in your Judgment
Is most worthy OF belief. Taking into con.
sideFation the intelligence, apparent truth.
fitness, bias OF inpartlality Of the wit.
ness, his manner and conduct upon the
stand, and his opportunity of getting cor
rect information. When this is done, the
weight of the evidence in your best judg.
inent must control your verdict.
Should your verdict be for tho plaintiff,
the measure of damages is such u sum as
the deceased would probably have earned
i'll his business during life, and which
would have gone to his next of kin: taking
into consideration the age Of the deceased
his ability. disposition to labor, and habits
of living and expenditure
II You find for the defendant, your vcr.
diet should simply be, for the defendant.
At the conclusion of the charge Mr.
Bird asked leave to note an exception
i'll behalf of the plaintiff, and a few
minutes later Mr. Bradford also noted
an exception to the charge.
The jury retired at 1915 o'clock,
hnnlipntiAn N,aO1a ~, II
Nields, on Thursday, for order of sale
TO sell 80 shares of the Wilmington City
Electric Railway Company, attached
under the following writs Alfred d.
Warner VS.. Henry Il. Wilson, foreign
attachment, September term, 1893; and
under the same application, by Francis
NJ. Walker, foreign attachment by $.
NJ. Knox, against the same party and
under the same date. The shares had
he5n transferred to defendants wife
before being attached.
The defendant is Henry r. Wilson,
an eX-pastor of the Unitarian Church
here. His wife is Mrs, Gertrude Har-
lowe Wilson. DIR. and Mrs. Wilson
were married in Denver, Col, where il
is understood they now reside. Under
the laws of Delaware, it is claimed, DR..
Wilson could not legally do what he is
charged with, the debt having been, ii
is understood, incurred previous to the
transfer of his property and also to his
marriage. Herbert II. Ward represents
the defendent. The order was granted.
On motion Of John NJ. Rodney in the
suit OF the State VS.. Troop b Associa-
ton, rule to set aside sheritf's sale of the
Armory building was continued to Feb.
ruary Sd.
In the foreign attachment cases of the
Western Foundry Co. and Westar &
Co. VS.. the Wellman Iron and Steel Co,
Andrew Il. Sanborn, representing the
defendant, asked leave to file all affidavit
Of defence. Messrs. Emmons and Rum.
ford, representing the plaintiff, opposed
the application on the ground that il
was made too late in the term. Mr.
Emmons contended that he could pro.
duce law in support of his opposition tc
the motion OF Mr.. Sanborn and was
given until $50 o'clock in the afternoon
TO do so. Court adjourned until that time
At ais o'clock w. T. Dayett, Jury.
man from Pencader hundred, was at.
tackled with spell of dizziness and had
to be removed from the jury chamber tc
the witness room.
Last Friday morning Bailiff Raney
was dispatched for the lawyers in the
case with the understanding that the
jury, under some pretext, were coming
in. The twelve men were ushered in
by the bailif and asked to have the
charge of the court read again. The
Chief Justice instructed the bailiff tc
lead the jury to their room while the
court was consulting in regard to the
advisability Of reading the charge over
to them. Then they were brought in
again.
The Chief Justice said: "If it is Of
any advantage will read the courts
charge TO you just as it was read before
But l wish to say that if the reading be
not of advantage it would be much
better not to take up the time in doing
So"
Foreman Macallister said in reply
awe think it would be an advantage tc
hear it read again"
The Chief Justice then read the charge
again at l1.45 o'clock. The court Their
told the jury they might retire to theii
room and that court would reconvene a
ESQ o'clock.
It is said that on Thursday the jury
stood eight for the plaintiff and foul
for the defence, hut this morning tn,
story is that several were swung oyei
on the side of the defence.
1t is understood that the majority o
the judges, together with the counsel IL
the case, were in favor of dischargins
the jury, but the court disagreed upon THU
point, and it was decided to keep then
out awhile longer.
At $50 O'Clock Friday afternoon TIT
| jury again came into court and agair
reported an inability to agree.
The jury was then discharged ant
court adjourned.
Friday morning they stood nine t.
three.
The three were Columbus Watkins
Mckay and Stats.