Evening journal., 1895-02-13
TWELFTH WARD ROW.
Brought Up BY Trial of Patrick
]. Munday In Superior Court.
OUTCOME OF ELBorIoN DAYl

Business In the Upper Courts.
At the afternoon session Of the Super
Tor Court yesterday, the case OF Robe
len Co., against the National Bauk OF
Wilmington and Braudywine, TO re
plevin plano. seized under landlords
warrant, was given ~ the Jury. After
short absence verolst Of Q cents for
plaintiff was returned This gives
Robelen & Co., the piano
The case OF Charles Osman vs.. the
Harlan & Hollingsworth Co, was
put down for March 20 before a special
jury, despite the efforts Of Hr Chandler
70 have 1t put over TIL May.
George A Elliott was granted rule to
show cause why the Judgment awarded
In the caFe Of Agnes p Raymond VS.
George w Downward, should not be set
aside inasmuch as II was secured with
out the knowledge OF the defendant.
The rule Is returnable Saturday.
Ia Superior Court a jury was drawn in
NO lO2. J. Thomas Lowe va John +.
salisbury, gSrnishee OF 4 d r. sutton,
but as y Cochran, who represented
the plaintiff, lacked proof that the
Judgment had not been paid. the case
was held over until he could summon
Of action was In Kent county.
When the istsof causes was read In
Superior Court this morning, No. 81.
Home Insurance Company vs.. James
Byrne, plaintiff secured Judgment. ia
No 1lS Mahlon b. Foster VS.. American
Power Fence Co., Heffeeker q Hoffecker
representing plaintiff, withdrew their
names and the case went TO the foot OF
the list. In No 112 JameslS. Morrison
vs.. John MoElwee, Lavi o. Bird for the
plaintiff, urged trial, while Harry
Emmons, for defendant, fought Tor
continuance. The court gave defend
ants counsel till Friday to see his
client.
To morrow's calendar consists Of No
l2e, delaware City National Bank VS.
William r Bright's administrator. No
1913, same VS.. same.
Number 1874, William J Johnson vs
Eliz beth L Lummis, Judgment p. b.
amount to be ascertained by the pro-
thonotary nine months stay.
Number 1877, Metropolitan Life In.
suranoe Company VS. Peter Mccall was
continued under peremptory rule
In General Sessions the case OF John
A. Lally, charged with having registered
twice at last election, was taken up YES
terdsy afternoon, all the Jurors being
present The witnesses for the state
were Stephen s Cook, Francis II
Hoffscker and William II Hartzell. who
we're at the place OF registration when
Lally registered, Joseph Woods, who
lived at No. 103 Juatison street and who
said LAlly never lived there, Harry
Ahrens, William A. Lutz, George Derry
aud Georg Janvier, all OF whom iden-
titled Lally, after which the state
rested
For the defense Mr.. Wbiteman asked
the court to charge the jury TO bring
in a verdict Of not guilty on the grounds
that the indictment should have been
drawn under the laws covering registrR-
tion under false name. This was
denied.
After the Court Of General Sessions
convened this morning the Lally case
was again taken up The attorney.
general and Victor B Woolley summed
up for the respective sides, after which
the jury was charged by Judge Marvel
and retired in custody OF the bailiff
The Jury was out but fow minutes
when 1t returned and handed in a yer.
dict Of guilty with a recommendation to
the mercy Of the court
Daring the present term OF General
Sessions, Harry Gray, a colored boy,
pleaded guilty TO attempting 10 steal a
piecs Of cloth from George Ash, and was
sentenced TO be whipped Henry c
Conrad became interested In the lads
case, and after securing letter from the
court to the governor asking Il m to
remit the lsHhes, went to Dover last
IA a I
Governor Marvll was blocked in al his
home, but the matter wss laid before
Secretary Of State N. B. Smithers. who In
turn telegraphsd his excellency advising
that he amend the sentence by striking
out the whipping The governor tele
graphea Sheriff Gllis In accordance, and
Gray will not kiss Black Susie this time.
Il is the FIRST recorded case where the
executive clemency was solicited and
secured by wire.
The hands OF the clock on the wall at
the rear OF the court room pointed to
high noon, when the case OF the state
sgainst Patrick j. Munday charged with
willfully destroying ballots at the polling
place In the Twelfth ward, was taken
up ] Harvey Whiteman and Victor B.
Woolley representing Munday Mr..
Whiteman asked that the indictment
be quashed on the grounds that
the Indictment does not clearly or suffi-
ciently define the crime and therefore
did not give the defendant the proper
and full chance to defend himself When
he had closed Judge Lore said that while
the counsels law was indisputable but
ruled against the motion and the follow
ing jury was drawn: William B Weldin,
Lewis Dlckey, Nathan Bailey, Charles w.
Viggers, Jr. Weber Bryan, James
McCsrter, Frank Hickman, Andrew
Loekermsn, Alfred O. Sterli ug, John
P. Cochran, Jr, John B Meaney and
Harry g. Whitaker The following
jurors were challenged by defense
John L Press, Isaac Finn, Robert w.
Birnie and John @. johnson.
The attorney general briefly addressed
the Jury and then called William h
Connell, who was poll clerk at Fourth
and Union streets. Third district of the
Twelfth ward he ssid about thirty or
forty ballots had been cRnvassed, when
Munday, who had been watching, left
room; come back shortly after and passed
by witness. MundRy said: "These
ballots are not coming out right and
want to be stirred up" Witness
heard rustic as though they were
being stirred The next time | Looked