Evening journal., 1895-12-11
THE JURY STILL VOTING
Martins Suit Against the B.
& P. a Hard Nut to Crack.
ARTBMUs aMITH WINS Els CASE
Alvan r.. morrison-wm Try Again.
RothweIi, Elliott and a Controversy
over a MIX Wagon.

Alvan II. morrison-Wm Try Again.
RothweIi, Elliott and Controversy
over a MIX Wagon.
Chief Justice Lore charged the Martin
Jury in the Superior Court shortly after
it recohvened IL Immediately retired
aud had not come in whom court
adjourned from o'clock until this
uorning
The Jury IN the suit OF George Maull
VS.. Dugan Maull, of Odessa, returned
a verdict Of $2i4 for the plaintiff He
was represented By Artemss Smith and
the defer d. ant firm by Martin B. Burris
Ia the midst OF the case Of David Car
rick & Co., Of Philadelphia, VS. Alvin r.
Morrison, continuance was granted until
TO day, Peter l.. Cooper, Jr., sprlnelnR a
genuine surprise on the plaintiff 5
lawyer, Christopher l. Ward by showing
that Mr.. Morrision. Bsudler's surety
signed the bond on Sunday. As soon as
he had done so, Mr. Cooper moved that
the case be dismissed contract entered
into on Sunday being void In the eyes Of
the law.
Mr.. Ward, who claimed hat he had
been taken by surprise, asked for time to
prepare his defense, and was given until
10 o'clock this morning.
ster Mr. Cooper withdrew his motion
In order to give Mr. Ward opportunity
to 20 more fully into the case
This morning Bailiff Fleming infor med
the court that the Martin jury was not
tired Of ballotlng and the Csrrick
Morrison case Was resumed, Mr.. Ward
making strenuous Efforts to save his
| case.
plaintiffs Lost Their Care.
William G Oarrisk testified that the
contract was delivered and signed by
both him and Mr. Bender on a secular
day. Mr. Bsntler understood the co n
tents Of the document a. the time
Mary + Gault, one Of Csrrick aud
Compsny's clerks, was called to the stand
AS an attssting witness. Under oath she
testified that the contract Was executed
| In the Phi sdelphia Office on a secular
day. but wss unable TO fix the date.
Mr. Ward then offered the contract in
evidence, and Mr.. Cooper promptly
objected on the ground Of It's illegality
This led TO the argument on the part OF
Mr. Ward to the effect thst-while the
blank contract was signed by Morrison on
Sunday, It was closed on q week day BY
the other parties signing It. He con
tended that the act OF delivery WAS
essential to the completion OF the con
tract On thess grounds he held that
the papsr Was properly matter OF
evidence
TIE matter ended by the court rafus-
ing TO admit the paper. Mr.. Ward
Immediately asked for = non suit.
Nc. Cooper objected to the non suit,
! 4 ~ . ka NJ 3 ka frr
was instructed to bring Ia a verdict for
plaintiffs we're called they refused to
answer and the defendant was compelled
TO submit TO q non-suit as against the
| plaintiff not withstendiug a further ob
| lection upon the part OF Mr. Cooper Mr.
| Ward won his point, for he can now sue
again.
Rothwell and the MIX Wagon.
An unclaimed dairy wagon was the
bone of contention ia the next case, for
the trial Of which a jury WAS drawn
John T. Elliott was the plaintiff and
Richard Rotbwell the defendant, the
former being represented BY William
S Hilles and the latter by J. Harvey
I whitemsn In his opening Mr.. Hilles
/ stated that the case was one
which had been appealed from
magistrates court He would
prove that Rothwell ordered a S11i
milk wagon from Elliott, VINO
lis wagon builder, aud re
/ fused 20 take it when completed
his excuse. being that the river banks
In New Castle county had broken and he
was going out OF the dairy business The
claim was $1l5, with interest from June
l, 1894
Mr. Elliott and other witnesses were
called to prove this statement to the
satisfaction OF the jury.
Before the noou recess was declared
Mr.. Whitemsn was putting In his sid'
OF the case
At l o'clock the Martin Jury was stil
out, standing eight for the plaintiff and
four for the defendant company. I
looks like a disagreement.
As the EVENING JOURNAL Office boy
was entering the rear door OF the Court
House to get copy from the court reporte
one Of the Jurors opened the window anC
threw him q note. IL requested him {,
get some newsboy to provide him will
newspapers and a spool OF cotton, and hl
would make It all right from a monetary
standpoint It Is believed that In thei
efforts to reach q verdict some OF tn
Jurors have ripped their garments.
The Martin jurors expressed them
selves highly pleased with the sleepirl
accommodations in the third story OF tn
Court House, everything being clear
and oredltable 10 the Cthcials havlnl
charge Of the room.