Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-04-18
special Correspondence OF Gazette and Journal


Special Correspondence OF Gazette and journal
GKoRGETowN. April 1.-THE Nailor-
Ponder SANDER suit was continued at yes
terdny's session of court. Witnesses for
both defendant and plaintiff were ex-
amined.
The plaintiff called number of wit
nesses here who testified that the rumor
that Nailor was suspected of setting fire to
the school house was not general in and
around Milton.
Purnell K. johnson was called by the
plaintiff and said he heard the testimony
of James I'll. Warrington. Witness was
called to contradict Warrington, who had
valid that Capt. Burton had denied TO War
nngton that Ponder ever accused Nailor of
ha setting the school on fire. but as the
Aaintiff's counsel could not connect the
acts the witness did not testify.
David G. Wiltbank said there was not
general rumor around Milton connecting
Hailor with the fire.
DIR. r. II. L. Wilson heard of a general
Aamor connecting Nailor with the fire
about the time of Majors arrest, in 1898,
but not before thst time.
George Porter, William B. Tomlinson,
William q. Manshlp and N. Wallace
White testified that they had not heard of
q general rumor connecting Nailor with
Ahe fire until after Nailor was arrested OH
VIE charge of illegally using the mails
Both sides rested and after the counsel
had stated its prayers to the court argu-
Ment began. Two attorneys on each side
We're assigned to argue, each attorney to
be allowed one hour
The Court did not charge the jury last
night, nor will it until o'clock Friday
morning, there being no session. as the
Court left to attend the funeral of the late
Gov. Marvil.
= Chief Justice Lore before dischargng
ne jury until Friday gave it especial
hution against any conversation on the
ase.
GEORGETOWN, April 1.-THE Court this
morning charged the jury in the SANDER
suit of Isaac w. Major VS.. Ex-Governor
james Ponder, both of Milton.
The jury has not reached an agreement.
is reported that the first ballot stood Z
Or Nailor and for Ponder.
"A second ballot, taken at 1 o'clock, is
aid 10 have resulted in 8 for Nalor and 5
dor Ponder.
GEORGETOWN, April 13.-,The court at
$50 o'clock yesterday morning charged the
Jury in the Nailor vs.. Ponder SANDER suit.
The charge, particularly impartial one,
was delivered by Chief Justice Lore who
touched in u very direct way upon every
point brought out in the case.
AT l o'clock the jury reported to the
court that they had not agreed upon a
z o'clock in the evening, when they re-
turned with verdict for the defendant,
Ex-Governor Ponder.
Following the charge to the jury in the
Islander case the replevin suit of William
X; wilkins against Samuel J. Wilson was
taken up. This suit occupied all the bal
ance of the morning session. 1t was for
the repleyin of horse that William X.
wilkins, the plaintiff. and a minor, but
who had been emancipated by his father,
had traded to third party. 1t was re-
covered by Samuel j. Wilson, the defen-
dant and administrator of the estate, be-
cause Wilson claimed it belonged to the
estate of which he was administrator.
The charge to the jury was delivered at
o'clock by Judge D. I. Marvel, who pre-
sided in the case
The SANDER suit of James Ponder vs.
David i. Nailor father Of Isaac W Nailor
is set for trial to-day. This case has
little if any connection with the Nalor vs.
Ponder suit, and it is believed it will not
be tried, owing to the shortness of the ses-
sion. to-day being the last day. and for that
reason it will be necessarily continued
until October term of court.
GEoRGErowN, April &c. +. Richards.
one of the plaintiffs attorneys in the Nailor
vs.. Ponder SANDER suit, asked the court on
saturday for new trial.
The court granted the attorney leave to
lille petition setting forth tine grounds
upon which the new trial is asked. This
petition, according to the law in the case,
must be filed by tomorrow, the 10th.
a rcmonstrance had been filed against
the petition of David s, Roach for liquor
license at Slaughter Beach Hotel, and it
was expected that this license fight would
occupy all of saturday mornings session,
but when the petition was called counsel
for Roach withdrew the application. This
application was tine only one TO which
there was any opposition
The court granted license to the follow
ing persons for the places named
Peter j. Hart, Brick Hotel, Georgetown,
James ii. Palmer Cedar Beach Hotel,
Cedar Beach.
William NJ. jefferson, Douglas House,
Rehoboth.
Derrick B. Hazard, Clayton House
Dagsboro.
Harry G. Pennington Sussex House,
Seaford
Samuel L. Kenney, druggist, license al
Laurel.
John H. Truitt, Eagle Hotel, George
town,
The jury in the Wilkins VS.. Wilson re
plevin suit, after being out less than II
minutes, brought in verdict for plaintiff
The Court refused to set aside the sheriff
sale of the land of Aaron X. Gordy. TIL
motion was made by Gordy's counsel. VIII,
stated that the notice of sale was so wordet
as to create general rumor affecting tn
sale, but the Court did not so consider.
though IA more cases are marked 70
trial at this session of court, none will no
can be tried. The Nailor VS.. Ponder cas-,
occupied most of the week, making it to,
late to begin any other case, so that tn
Court has given notice that there will b.
an adjourned session beginning Monday
April I'D. The jury was discharged unit
April I'D, subject to the order being re
voked.
fhe cases for trial were gone over an
1crnost of them were marked for April 22d
but some were continued until Octobe
term. Among the latter was the slande
case in which Ex-Governor James Ponde
is the plaintiff and David II. Nailor, fathe
OF Isaac w. Nnllor, the defendant. Thi
case is reported as being Just as interestin
as the Major VS.. Ponder suit.
In the summons case of Bransou ID
James VS.. William Taylor counsel agree
to judgment for plaintiff, amount to b
determined by Parliamentary Marvel.
The Sussex county Levy Court will NEE
here May ID for the purpose of receyini
plans for an addition and Improvements
TO the Court House Architect Charles Il
Jones Is now preparing plans that vii
give the building three more rooms on tn
second floor, to be used us judges retriu
room wemen's waiting room and anothe
jury room. The ventilation of the cour
room will be also taken into consideration
and wise thing that is, as sickness
caused every court by the foulness an
Ci0seness OF the room. 4 number of N
tofneyS at this court were nearly prevente
from arguing their cases owing to Hines
caused by the foul atmosphere in til
~ room. The Improvements now suggested
with new furniture for the Court IIous
Offices, Will cost about $4,000