Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-01-10

The adjourned session of the superior
court to hear the argument on rule for
writ of mandamus to compel the in
spectors of election in the Second Asses
sor district of Wilmington to assemble
at the City Hall and recanvass the vote
for assessor in that district, convened
last Thursday. Chief Justice Lore
and Associate Judges Cullen and Maryil
were on the bench.
j. Harvey Whiteman, appearing for
James f. Farley, the assessor whom the
Republicans seek to oust in favor of
Charles II. Hudson, who failed to secure
the certificate of election by some Re-
publican inspectors not complying with
the law, asked for q postponement of
the mandamus case until the February
term, with full leave to amend.
II. II. Ward and Philip @. Church.
man, who appeared for Hudson, offered
no objection to the postponement. MIR.
Ward stated, however, that he would
like to have some idea of the time the
respondent proposed to file the amend
ment.
Mr.. Whiteman said he was willing
that some day be fixed just previous to
the convening of the regular February
term. Mr.. ward suggested two weeks
previous to the beginning of the Febru-
ary term. This was agreeable to both
sides and January 2lst, at 10 o'clock in
the morning was the time finally agreed
upon for the argument of the mandamus
case.
L. H. Ward, counsel for J. Edward
Addicks, who is sued by his wife for
divorce on the statuatory grounds, pre-
sented to the court the affidavit of the
respondent ashing for rule to show
cause why the petitioner in the divorce
case should not be compelled to file a
bill of particulars setting forth in more
explicit terms her grounds for divorce
from her husband. The text of the
affidavit has already been published in
The GAZETTE.
William s. IIilles, counsel for Mrs.
Addicks, said the petitioner does not
waive any right under these proceed
ings. He said the application of the
respondent was rather an unusual pro-
ceedng in the courts of Delaware. In
fact he said he had never heard of any
such practice IN the courts here. lie
intimated that he was perfectly willing
to discuss the matter now or at some
time to be determined by the Court. lie
suggested that all the matters pertaining
to the divorce be taken up when the rule
is made returnable.
The Court said it was the first case of
the kind brought to its attention and
some time ought to be agreed upon by
counsel for argument.
Judge Cullen said the first question
to be decided was whether sucn rule
ought be granted or not.
Mr. Hilles-"Anolher matter | want
to bring up is the question of alimony
and expenses incurred pending the pro-
ceedings for divorce"
The Court said that was matter fol
counsel to decide. Court finally fiXed
Monday morning at 10 O'Clock as The
IN time for arguing Mr.. Wards motion.
Nm Mr.. Hilles then called the attention oI
N the Court to the advisability of holding
the argument in chambers. He did no
s# desire 10 have the hearing in public.
s& The Court desired to know what Mr.
'sg Ward had to say about this motion.
M Mr.. Ward said he had no desire tc
9 have any of the argument held in pri
.# vate. For his part he preferred to hay,
# the hearing in public.
Judge Cullen-"Haye you any obiec
ton to private hearing"
Mr.. Ward-"l am perfectly willing tt
submit to the pleasure of the Court, bu
] see no reasons why there should lie
private hearing. There is nothing abou
the argument that will involve an,
scandal at all"
Mr.. Hilles iptimated that the question
of the respondents financial standing
might be brought up iii the argument
and he had no desire that such matter
should become q matter for the public
Mr.. Ward did not object to n publ
hearing. lie put himself on record u
+ favoring it.
Court adjourned until 10 o'clock Mon
day morning.
II The Addicks divorce case in which S
much interest is manifested came up i
"a superior court on Monday. Contrar
M to expectation j. Edward Addicks, til
"A respondent in the divorce proceeding:
ia did not put in his appearance. He wa
n represented by his counsel, Messrs. L
"a H. Ward and George X. Lodge.
Mrs. Addicks was in court promptly .
X, 10 o'clock and with her was Henry {
e Butcher, brother, of Phiiadelphia; II
VA S. Cattell the Philadelphia lawyer, an
two female companions Of Mrs. Addick
one of them was Mrs. Anna Traynor {
Claymont. W.S. ITiies, who is associate
in the case with Mr.. Cattell, was on han
u with stack of legal authorities cove
ing half the space on the lawyer
table. John G. Johnson, the wei
known Philadelphia lawyer, who is ais
one of Mrs. Addicks' counsel, was col
spicIous by his absence.
There was fair attendance of men
bers of the bar but the number I
spectators in the court room was NJ
large. This was probably due TO u
prevailing belief that the case would NJ
come up in open court for argumen
The opinion seemed 20 be that the cou
acting on Mr.. Hilles request Won
refuse to grant public hearing and Il
case would be heard in chambers.
This is just what Messrs. Ward ar
Lodge, representing Addcks, did n
want. They are anxious that Il
divorce case be heard in public, al
that the proceeding be given the fulle
publicity possible. Mr.. Addicks sa,
he has nothing to conceal, and is pc
fectly willing for the public to decit
whether or not he Is guilty or innocer
The first step taken when court co
yeped was the motion of Mr.. Elilles tn
II. S. Cattell be admitted to practice
the superior court. Mr.. Cattell was a
mitted without further ceremony.
The Court decided that the hearil
should be public.
The next 10 minutes were devoted
legal sparring between Messrs. Hill