Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-05-23
SUPsRIoK couRr.


Grim, OF al, repleviu. judgment was rem
dored for the plaintiff.
In the case oil the Metropolitan Life In
surance Co., d. b. r., vs., Peter Mccall, y. b.
r., judgment was rendered for the plaintiff
below.
In the case of the First National Bank OF
Harrington vs.. NJ. IL. barrow q Co.. judg-
mc1t for want of appearance was rem.
dered. A similar decision was given in
the case OF William A. Ruth VS.. Charles IL.
Ruth.
Judge Ball, counsel for J. Frank Curry
in the cases Of J. Frank Carry VS.. the
Charles Warner Co., and the Charles War
ner Co. vs.. J. Frank Curry, ANNOUNCED
that the company had liindered Slr.
Curry's counsel IN the examination Of Ger
tain bouIs, which examination was au-
thUrized hv the court, and asked for rule
TO show cansc why All attachment should
not DC issued for j. Tatnall Warner and
John Richardson for contempt. benjamin
NiGlds, counsel for the Charles Warner
Co.. stated that the company had acted on
his advice. Judge Ball retortcj that the
attachment should include Mr. Nields.
The writ WAS made returnable at 2.3U
o'clock Thursday afternoon, 70 which
hocr the court adjourned. The jurors
were discharged until 10 o'clock Friduy
morning.
The superior court was in session
about an hour Thursday afternoon,
which time was devoted to argument on
Il rule asked for by Judge Ball, counsel
for j. Frank Curry, requiring the
Charles Warner Co. TO show cause why
certain books belonging to the company
should not be deposited in tho office Of
the prothsnatory and also on rule to
show cause why an attachment should
not be issued for Z. Tatnali Warner and
| John Richardson for contempt OF court.
The rules were dismissed on the ground
that the company had not forcibly
| hindcred an examination OF the books.
At Friday mornings session OF the
superior court Willard Salisbury, coun-
sci for the defendant, asked fora further
| continuance OF the case of Joseph Gar
| lick VS.. tile Brandywine Granite Co., Il
suit for damages Tor personal injuries.
| He made the request on the ground
that John L. Yates, material witness
| for the defence, was absent.
q. Wesley Weldin, vice. president Of
the Brandywine Granite Co., was called
to tho stand to testify to the materially
Of the absent witness.
Peter l.. Cooper, Jr., counsel for TIE
plaintiff, claimed that he was entitled
1
| prove by Mr.. Yates.
Mr.. Salisbury declined to tell.
After argument the Court decided
that the plaintiff was entitled TO the
Information.
Mr.. Weldin testified that Mr.. Yates
was foreman of the quarry in which
Mr.. Garlck was injured and stated that
the defence desired to prove by MIR.
Yates that Mr.. Garlick's injuries re-
suited from disobedience of the fore
mans instructions. On cross-examina-
ton he said he did not know whether
he could get Mr. Yates here by June 3D.
the date set for the trial.
The court refused to grant further
continuance.
On motion of William c. Spruance
the case of Joseph Stclwagon's Sons VS.
the Wilmington Coal Gas Co. was con.
tinued until the September term.
The greater part of the morning was
consumed by the case of Albert Hende
vs.. Hugo Giehler, suit for 5000
damages for personal injuries inflicted
by an assault. Hayes for plaintiff ant
Bayard for defendant.
Mr.. Hendel testified that the assault
was committed Saturday evening
August 4th, on Market street, nea
Third, while he was returning hom
from John Groups saloon, Marke
street, below Second, where he, the de
PENDANT, and others had been drinking
, He said the defendant kicked him
knocked him down and broke his leg
that after the assault he was confined IL
the Delaware Hospital for several weeks
| lnt 80 rlr Co. 10
months after being attacked and that h
, has not entirely recovered from his in
: juries.
DR.. w. G. Winner testified that he wa
summoned on the night in question t
! No. 9l2 Taylor street, to attend the plain
) tiff, and that the injured man was sui
5 fering from compound fracture of tn
0 left leg, o confused wound ON the fore
7 head and bruises on the hand. MI
Hendel, he said, was intoxicated an
would not permit anything to be don
; to him and for this reason and becaus
\ he could be better controlled there h
was taken to the hospital.
l., DIR. SwitLin Chandler testified cor
b corning the plaintiffs injuries and tn
d treatment he received at the hospita
. He said the patient was discharge
q September 18th.
Il DIR. Winner was Of the opinion tn;
d the fracture could have been produce
by n kick given while the plaintiff VIZ
standing, and DR.. Chandler said
thought ii could have been caused !
10 overstraining the bone.
o. S. s. Adams, Jr., presented municip
court records showing that in the Grim
Il nal suit between Hendel and Giehl
II the latter had pleaded guilty.
If Joseph Holzhauser and ]. Howai
V Phillips, the latter clerk for Fred
70 Bach, testified respecting the assaul
= and Clarence Crouch testified concerl
Il ing taking Hendel home.
10 Court took recess until $50 o'cloc
h The Moore-J Johnson seduction case,
ID suit for $4,000 damages has been pos
z poned until the September term.
IL Taking testimony in the case of Able
y. Hendel vs. Hugo Giehler was resum
~ Immediately after the reconvenlng of d
Il superior court Friday afternoon.
,e Mrs. Frances Hendel, the wife of Il
l. plaintiff, testified that her husband was
q badly injured when he was assaulted
~ Giehler that he had to be taken home in
II cab, and, subsequently, had to be sent
Delaware Hospital. She stated that h
te husband, previous to the assault, h
al earned from sos to $50 per month.
Edward Doring testified that when
M called al Henders house Hendel W
la lying on a couch, his face covered wi
81 blood and his leg broken.
in Similar testimony was given by NJ
he Emma Doring.
rd Giehler was called to the stand in
'a own behalf and testified as follows: "Ht
All del and had been drinking in salo
10 and we afterwards walked up the strC
ar. together. When we reached Third a
s. Market streets said must go home or
pc wife would take ME TO task for being {