Delaware gazette and state journal., 1895-12-19
SUPERIOR ooURr.
Twelve Men Deliberate IN tho Martin Case
for Many Hours and Take Twelve Bnl-
lots, 3ut Fail to Reach. n Decision.

jury in the damage suit of William q.
Martin vs.. tho Il. & p. Railroad Co.,
was discharged by tho court Wednesday
afternoon owing to their inability 10
agree on a verdict. Tho jury retired for
deliberation at about 3 o'clock Tues
day afternoon, and after remaining out
all night and the greater part OF We'd
nesday was ordered into court about
O'Clock in the afternoon. The court
had learned that the prospects for
verdict was slim and it was thought
useless to keep them out any longer.
When they appeared in court the fore.
man reported that they had not reached
a verdict and there was not the slightest
possibility that they ever would, where
upon Chief Justice Lore discharged
them from further attendance at this
term of court. Mr.. Hilles stated, after
the jury had been discharged. that the
case would again be tried in February,
unless something unforeseen should
occur in the interim.
All the time the iurymen were not
sleeping they were in consultation,
Twelve ballots were taken, with the
following result: First, 8 for the plain
tiff, 6 for the defendant and blank |;
second. G on each side; third 7 fol, the
plaintiff and . for the defendant /;
fourth, 8 for the plaintiff and for the
defendant; fifth, sixth, seventh and
eighth, for the plaintiff ands5 for the
defendant; ninth, tenth, eleventh and
twelfth, 8 for the plaintiff and for the
defendant. Foreman q. p. Paschall
of Carcroft was taken ill in the morn
ing and was indisposed all day, but
he clung to the ship with his colleagues
and made no complaint.
When court opened at the afternoon
session the Elliott Rothwell case was
resumed. Richard Rothwell, the de-
fendant. was the first witness, He
stated that the wagon which Mr.. Elliott
was ordered. After he had finished,
Mr.. Elliott was recalled in rebuttal.
Mr.. Rothwell had spoken OF a Colum-
bian fifth wheel and Mr.. Elliott said
he never heard of Columbian fifth
wheel.
After counsel on both sides had ad-
dressed the jury they retired without
being charged, by the Court, and in a
short time returned with verdict for
the plaintiff for 5l15, the full amount
of the claim, without interest.
Mr.. Whiteman, counsel for the de-
fendant, at once gave notice of now
trial.
A jury of inquisition was drawn for
the suit of Frank Toomey vs. the
American Salvage Co., an action ON a
claim because of performance by
the defendant of certain promises and
assumptions. A verdict of 1922 70, the
| full amount of the claim, with interest
from March 9Th, 1895, was given in
favor of the plaintiff. ta
The same Jury rendered verdict in
favor Of Neafie & Levy in their suit
against the American Salvage Co., the
amount of the claim being 81, 044. rs,
with interest from April of the current
year. Andrew Z. Sanborn represented
the plaintiffs in each case.
The general Jury was discharged
until Friday, and court adjourned
until 10 o'clock Thursday morning.
In court on Thursday morning
the case of Mrs. Bettine Mexican
Rogers of New Castle, who had brought
suit against her divorced husband,
William Rogers, for money for the
support of two minor children, was
taken up for argument. II. H. Ward
represented Mrs. Rogers and John II.
Rodney was counsel for Mr. Rogers,
while Deputy Attorney General Cooper
looked after the interests of the State.
| After the case had been stated Mr..
Rodney made objection on the ground
that the act Of assembly divorcing Mr.
and Mrs. Rogers gave the latter sole
charge of the children and that she
promised the legislative divorce COM
mittee that she and her relatives would
look after their support Mr. Rodney
said he did not think the court could
compel man to support children over
which he has no control, especially
where the control had been taken away
by Legislative enactment. He stated,
however, that il Mr.. Rogers is given
the children he will support them. The
court announced that decision would
be given Saturday morning.
On motion of Walter II. Hayes the
suit of HH'ace p. Adams ys. the Will
mington City Railway Go. was discnn-
tinued. A settlement has been affected.
Court adjourned until 10 O'Clock Fri
day morning.
When the court opened on Friday
morning q Jury of inquisition was
drawn to assess damages in the suit oi
| Edward Hart vs. j. G. McNauGhton 4
Go. of Philadelphia; John Biggs for
the plaintiff. Tho action was brought
to- recover for goods sold and delivered
and the amount involved was SCI. 73.
The plaintiff was sworn and testified to
the facts of the transaction, and the
| full amount was awarded. 5sa4..
The same jury was sworn in the suit
of William Davidson vs.. James Carrow,
administrator of William, Forrest, an
action to recover S730. 20, for work and
material furnished in erecting monu.
ment in Old Swedes cemetery, the cost
of which was $3.50, and interest from
November 9th, 1893, the latter amount.
ing to S3l.25. William S. Hilles APP
peared for the plaintiff and Samuel W..
McCaulley and Levi g. Bird for the
defendant. Counsel agreed on the
amount, and Margaret Butter, grand
daughter of the late William Davidson,
WAS called to prove the transaction.
The plaintiff was awarded the full
amount.
Tho next case called was that Of
Arthur L. Cameron, druggist at Fourth
and Franklin streets, VS.. DR.. NJ. F..
Corkrdn. William S. Hilles and Peter
l.. Cooper, DR.. were counsel for the
| plaintiff and ii. II. Ward represented
the defendant. 1t was an action for
damages for SANDER. On motion oi
Mr.. Hilles the narr was amended by
adding the words: He don't know
his business anyway The jury was
then drawn and the case proceeded.
Mr.. Cooper stated the case 10 the
jury as follows: On January 23d, 1895, a
Miss kellaher took a prescription writ
ton by DR.. Corkran to Mr.. Cameron e
store. 1t was filled by B. b. Allen,
Jr, a clerk. The medicine was ad.
ministered to a young child, which was
taken violently i'll. DIR. Corkran was
| cnlled in and tho ,,nr. .,Ilnrnu thnt A.