Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-02-21


was correct, as he was the person re-
ferred to.
He contended that the whole case
rested upon the destruction of those
ballots by fire. If the jury found that
the ballots were not destroyed they
must return a verdict of not guilty. Mr..
Woolley concluded his argument at a
o'clock. ...
Mr.. Nicholson then finished the argu-
ment in behalf of :he State.
Chief Justice Lore charged the jury
He said the "distinct charge was that
Mundy destroyed those ballots" In
order to convict the prisoner the jury
must be satisfied that those ballots could
have disappeared in no other way than
by fire. The Court charged as to the
reasonable doubt in the case and then
the jury retired. Five minutes after re-
tirement the jury filed back into the
court room with verdict of not guilty.
The Mundy case was the last on the
list of the general sessions docket, and
Attorney-general Nicholson announced
that the business of the criminal court
was disposed of. The general sessions
term was then adjourned sine die.
AlbOA anu
Attorney-general Branch II. Giles came
in for goodly share of praise for the
promptness and efficient manner in
which the business of the attorney
generals office was transacted.
The Court sentenced John Lally and
Howard Caldwell, convicted of "know-
ingly and unlawfully registering in two
election districts" Thursday morning. The
1r;s E,,a y,f 70
prosecution and will serve three months
in Jail.
The Court said that the juries in those
cases had acquitted themselves in very
creditRble manner. In some instances
where similar offences were alleged the
juries disagreed, but in these cases the
Court said the jurors seemed to have been
governed by high conscientious sense OF
duty to themselves and the State. The
Court said it was in full sympathy with all
efforts in the direction of securing pure
election.
In the superior court jury of inquisi'
tion in the case of John Hamer VS.. James
Haines, returned Judgment in favor OF
the former for S220,99. Austin Harrington
appeared for the plaintiff.
John H. Rodney obtained judgment for
the plaintiff in the case of the Delaware
| City National Bank VS.. William r. Bright'S
administrator.
The trial list was again gone over in
superior court Friday morning. William
S. Hilles and Harry Emmons, represent
ing the plaintiff in the case of Mary II
Little, formerly Mary II. Quinn VS.
Joseph Quinn and Joseph Ii. Quinn
executors of Hugh Quinn, deceased
asked for continuance until the May
term. Levi q. Bird and Andrew Il
Sanborn, represent the defendant. Mr.
Emmons, when the case came up severa
days ago, produced DR.. Ii. NJ. Ogle, who
testified that a material witness in thu
case was too ill to attend court HI
therefore asked that the case go over
Mr.. Bird, in opposing the motion, sait
he had known witness to be 'sick ont
day and eat cherries up a cherry tpet
the next day." He thought the cas-,
ought to come to trial. Court said i
would set the case down for trial oil
March 10Th.
Harry Emmons said he desired t,
make a statement in regard TO tn
case of James S. Morrison VS.. joni
McElwee. He said the latter, who was
brother-in-law of Morrison, had resided
with the former for a period of about L
years, at the expiration of which
quarrel ensued, and Morrison suet
McElwee to recover $1,000 for board
Mr.. Emmons said McElwee was s
years old and blind and was unabl
TO attend court. He read certificat
from DIR. George w. Busris set
ting forth the fact that McElwee's lif
would be placed in jeopardy by bring
ing him into court, He said the CLAIM
was d preposterous one.
Mr.. Bird said McElwee would not b
any younger when the May term con
yened, and he was of the opinion tina
Mr.. Emmons did not want to try th
case at all if he could get out of it.
The Court said it would continue th
case until the May term undera peremr
tory rule.
Victor B. Woolley asked for jury O
inquisition to ascertain the amount {
Judgment in the case of John r. Sin
mons, Frederick M. Simmons and Ed
win 5. Simmons, trading as Simmon
Brother d Co., VS.. the Wilmingto
Optical Watch Go. Henry Monerief
bookkeeper for the plaintiff, swore /
the accuracy of the copy Of the book &C
count for which suit was brought. ph
jury returned verdict for the plaintil
to the amount of $341 ,43.
In the case OF |. Thomas Lowe VS.
John f. Salisbury, garnishee of Il. L
II. Sutton, jury of inquisition IL
turned Judgment for the plaintiff 70
$23630 L. II. Cochran, j., represent
the plaintiff.
A jury was drawn to try the case c
Henry II. Higgins VS.. The Wilmingto
City Railway Co. Arthur w. Spruanc
for the plaintiff and James w. Ponde
for the defendant company. The plain
tiff is a son of eX-Representative Jon
c. Higgins, and a nephew of Unite
States Senator Anthony Higgins. NJ
Spruance, in opening his case, said tn
accident occurred on Delaware avenue
October 28d, 1892. The wagon wa
standing in front of the office of til
Dragon Run Dairy, when it was ru
t into by an electric car. For this acc
! dent the plaintiff seeks to recovt
damages. The amount is not nance
Frank r.. Carswell, architect, exempt
/ fed plan of the neighborhood in whic
! the accident occurred.
! William Fields, the colored driver {
i the wagon, SAID the electric car struc
! the left hind wheel of the wagon an
/ pushed the wagon up on the horse
t heels. They reared and plunged int
the curb. He said the wagon carrie
the horses OF 10 feet. When the wi
ness tried to extricate the horses 'tt
: off horse was a kicking" The witne
!. said one of the horses belonged
: Henry r. Higgins and John q. Higgin
' owned the other. He said "Mr. Henry
I horse was badly injured. His les ra
blood all de way to de stable"
f Mr.. Ponder cross.eXamined the wi
, ness. Miller said it was "the first tin
: he ever 'driv' the milk wagon up
q Wilmington"