Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-05-23
took recess until ! O'Clock Friday even

mans, one Russian and one Italian.
Saturday the court refused, on the
ground of insuificlency of affidavit apPli-
cation for judgment in the case OF the
Peoples National Bank uf Middletown vs..
William II. Houston, action on promis-
sorry notes.
In the absence of William S. Prickett,
who has gone to New York, no liquor
cases we're called up.
The Griffith non.support case, which was
heard in the court of general sessions last
week, was reopened. Mr.. Griffith stated
under oath that he will provide his wife
home separate from his mother and Mrs.
Griffith agreed to return to him. The Court
deferred decision.
Court adjourned until 10 o'clock Monday
morning, when the special jury list will be
further revised.
At Monday mornings session of the
superior court John II. Rodney and Josiah
Marvel, counsel Tor the plaintiff in the case
George c. Marshall vs.. the Mutual Life of
Insurance Co. OF New York. applied for
aecesa to certain books and papers. Victor
y. Wool.ey, counsel for the defendant,
objected, claiming that Mr. Marshall was
employed by I. Howard Lewis, late gem
cral manager Of the company Wilmington
office as his U.eYis'l agent instead of as
the conpany's agent. The court granted
the application and the case was ordered
for trial to-day.
Judge Bali, counsel for the plaintiff in
the case OF j. Frank Curry vs.. the Charles
Warner Co., applied for access to all books
aud papers ia the company's possession
which contain entries of transactions with
persons and corporations authorized to
manufacture the Warner patent mixed
mortar. Argument on the application was
postponed.
Announcement was made that the cases
Of James Dntton's administrator VS.. the
r., w. & Is. Railroad Co., Patrick Lyman
w. the same, Addie T. Hastings admins
traitor vs.. the same and John Hanley VS..
the Diamond State Iron Co. have been
| settled.
The Court endeayored to have the re-
maiains special Jury cases tried week
earlier than the time for which they are
calendared but counsel protested and the
attempt was abandoned.
Most of the morning was devoted to
hearing the appeal case of Charles Rey-
noids, d. b., vs.. The Wilmington City Elec-
| tric Co Peter J.. Cooper, Jr., for the
| plaintiff and Leonard l.. Wales. Jr., of
Hoflecker IL Hoiiecker for the defendant.
This is the first case Mr.. Wales has handled
| in court. Some months ago the Whining
ton City Electtic Go. brought SUIT against
Mr. Reynolds before Squire Sasse and was
| given Judgment for $685. and costs, the
Total amount being sSl.0l. The money
for which the company sued was debt
and interest for the use OF electric lights
and currents and repairs to lamps at Mr..
| Reynolds saloon No. Z East Fourth street.
Mr.. Wales called to the stand Francis
r. Mcguire to prove that MIR. Reynolds
bought the saloon from the witness and to
testify respecting contract existing be-
tween MIR. Mcguire and the company.
i William Tatnall, George A. Rumsey and
John II. Butt were also called by Mr..
| Wales.
Mr.. Reynolds and Edward ]. Holland
were called by Mr.. Cooper to prove that
no contract existed between Mr.. Reynolds
and the company, that MIR. Reynolds pro
tested against the company's charges, that
he refused to pay bills sent him because
he considered them exorbtant, that he de
mandeG but failed to secure the framing
of contract and that finally he ordered
the currents cut of.
Pending argument court took recess
until .. 80 o'clock.
The liquor cases in which remonstrance;
have been filed will be called up next
Saturday. -
Argument in the case of Charles Rey
nolds, d. b. a., VS.. the Wilmington Cit!
Electric Co., began Immediately after tn
reassembhng of the superior court Mon
day afternoon. About an hour was con
sumed in arguing the case and charging
! The jury. The jury retired at $50 o'clocl
end was out exactly ~ minutes. 1t rem
dered verdict for the company, for Slj
Counsel for the company announced tina
they will apply for new trial.
The jurors were discharged until Il
o'clock Wednesday morning. -
Victor b. Woolley, counsel for the dc
, PENDANT in the case of George G. Marshal
VS.. the Mutual Life Insurance Company o
New York. was granted permission t
amend his pleadngs and on application o
John II. Rodney of counsel for the plain
, tin, who stated that the plaintiff was nc
, prepared to meet the new issue at present
! the case was continued until the next terri
of court. The costs of this term were pu
r on the defendant.
n Argument on the application of judy
Ball, OF counsel for j. Frank Curry, 70
access to additional books and papers i
the possession of the Charles Warner CT
S was postponed until this morning.
. In the superior court, Tuesday morning
Judge Ball, representing }. Frank Curry
Withdrew his application for access to az
ditional books and papers in the posse
sion of the Charles Warner Co. Williat
: 5. Hilles, counsel for the defendant inth
:. case of Charles Reynolds vs.. Thomas
d Coward, moved that the writ be quashe,
e whereupon Walter II. Hayes, counsel fC
q the plaintiff, made motion for pernli
!, sion to amend the writ, Argument for til
motions was set for Wednesday. The Gu:
involves claim for $40. Court adjourne
: to 10 o'clock Wednesday morning.
3 At Yesterdays session of the superit
|. court John Biggs announced that the ca
a of Elmer d. Reed vs., the GlenS Falls Ii
surance Co. has been settled.
. The case of Benjamin De Ford & Sol
y of Baltimore, VS.. Thomas Green consume
most of the morning. Alexander
IS Cooper and Thomas Davis represented Il
70 plaintiff and Ben amin Neids conductt
Y the defence. The case involves claim
Sl,932.29, the balance OF q judgme
II entered on book account in 1854. III
/. Judgment originally amounted to 50, 29l. I
: The firm, which is engaged in the man
IL facture of leather, is suing for the balanC
with interest from the time the judgme
d was given. The sum for the recovery
]. which suit has been brought was owe
I, looked BY the firm until 1893.
a, Benjamin +. De Ford and Harry He
testified respecting the book account.
! Alfred Schaffner repeated part of a co
h' versation between Lawyer Davis and d
defendant, during which, he alleged. N
t. Green stated that he had paid part of t
Judgment and that he had left the Sta
RI soon after judgment was given.
"a Clarence Clayton, clerk in the office
y, the recorder of deeds. testified that he h
10 searched the office for the purpose of asc,
m | tanning Wnetuer MT, GTeeH owned proper
~ ~ between September LIST, 1854, and SepteI
~ ~ Der LIST, 1867, and had found nothing
y record there.
"a The defendent testified that he left t
s sr State during the year Judgment was Civ
"a and was absent for 10 years.
~ Lawyer Davis was called to the stand
,o testify respecting the conversation betwe
ae himself and the defendant, but his ties
N mony was not admitted.
va adintniV after fhn nlaintiff I,
=. rested Mr.. Nields moved for non ST
TO- claiming that the law presumes luz
-. nent has been paid after lapse of
llo mama nnd Tint auiAennn To rnhiIt Iha I,