Evening journal., 1895-12-12
STOOD EIGHT TO FOUR.
The Martin Jury Could Not
Possibly Agree.
ROGERS DECISION RESERVED

ROGERS DECISION RESERVED
onsstion whether Man who Has Been
Deprived Of His Children by legislative
Enactment Can BE Ordered ny the
court to Contribute 60 Their Support.
verdlots Awarded BY Jurios OF Inqusi-
tion.
After being out twenty Ave hours and
taking twelve ballots the jury in the
case of w o Martin vs. the Baltimore
and Philadelphia Railroad Company was
taken before the superior Court yester-
day afternoon anu It's foreman reported
It's inability 20 reach verdict Finding
that there WAS no hope Of an agreement
the court discharged the weary 1rors
When the Jury took It's fret ballot
the plaintiff hsd Eve votes. the defend
ant six, with one blank Figures
evened up on the second ballot, the
blank going TO the plaintiff Defendant
lost a vote on the third. and another on
the fourth, but regainsd one on the
fifth. IL stood seven to Eve until the
ninth ballot when Martins votes ran up
80 eight but could 60 no higher. the
other four refusing TO so over to the
mejority.
At A o'clock the Elliott -Rothwell Jury
brought Ia a verdict for the plsintiff and
Mr. Whiteman, attorney for the
defendant. asked for new trial. He
will Gle his reasons In a few days.
After impressing Page George Smith
into service as bailih, the two regulars
having jurles on their hands, a jury Of
inqllsition was drawn 90 fix the damages
ia the suit OF Frauk rOOmey vs. tue
American Salvage Company. the action
being on judgment aecnred on a
foreign attachment verdict for
$622 20, with interest from March 6
was returned. A verdict for 81 944 with
interest from April, 1895, was awarded
by the same jury In the case OF the
Netfs and Levy Ship and Eaglne Build
ing Company, OF Philadelphia vs. the
American Salvage Company.
Rogers' Action for Support.
Court reconvened at 10 o'clock this
morning. with not more than two or
three lawyers within the bar enclosure,
and only handful Of spectators In the
seats reserved for them
After some delay the action Of Mrs
Bsttine Mexican Rogers, Of New Castle,
II
husband. was taken up for argument and
disposition Deputy Attorney General
Peter l. Cooyer, Jr., represented the
state. Mrs Rogers was represented by
Ia b. Ward, who was hsr attorney 10
the divorce proceedings before the
General Assembly last Spring John II
| Rodney appeared for Mr.. Rogers
Mrs Rogers asked that the court order
Mr.. Rogers 70 give her money FOR the
support Of her two children, one years
old aud the other babe In arms Mr
Rodney objected TO such an order on
tho ground that the Gct Of assembly
made her the sole custodian ol
the children. che promising the
| divorce committee that she and Der
relatives would care for ard support the
children. he did not think It within the
provinces OF the Court TO compel a
divorced man to support children over
whom he exercises no control, especially
In case Of legislative divorce Mr.
Rodney said that n Mrs Rogers would
/ give Mr. Rogers custody o. the children
he would chesrfully support them
Mr Cooper argued that Il was within
the province Of the court 10 order Mr.
Rogers to provide at least part Of the
money necessary 70 the children. and Ia
compel Mrs Rogers TO give bond 70 ia
proper expenditure.
Court reserved It's decision until
Saturday morning and adjourned until
to morrow.
Another Case Discontinued.
Walter Il Hayes reported settlement
Of the damage suit Of Horace p Adams
vs. the WILMINGTON City Railway Com
pany On his motion the case was
discontinued