Evening journal., 1896-12-10
GRANITE IN A SCHOOL.
Subject of a Suit in the Su-
perior Court.
AGAINST JOEN MULvENAs HEIRS

VANDEGRIFT, FOR DEFENCE, |
CLAIMS THAT ONE MAN WAS |
PAID FOR THE GRANITE.
In the Court of General Sessions yes
terday afternoon Deputy Attorney
General Cooper asked for the issuance
of a capias for Dennis Dineen, the
white man acquitted of arson last
week and now out under recognizance /
Tor barn-burning The capias was is
sued, as the court itself did not approve
of Dineen's bondsman, John Gormley. |
The states attorney further claimed |
that he had information that Dineen
was preparing to leave the country for
his native home in Ireland.
In Superior Court the case of Luther
w. Ewing VS.. the Mayor and Council
of Wilmington, was further postponed
to allow Messrs. Knowles and Elliott
time to look over Mr. Chambers
amendment to the original narr. They
were allowed until this morning to
make an answer
IN SUPERIOR COURT TO-DAY.
Court was to have reconvened at 81
o'clock this morning, but two of the
judges had forgotten about the early
hour, and only Judge Marvel sat upon
the bench. Judge Cullen arrived at
$50, and Francis II. Hoffecker at once
asked for jury of inquistion to fix
judgment in the case of Trump Bro
theirs VS.. the Diagraph Company de-
fendant having failed to answer The |
jury awarded S2,13760, the full amount |
claimed. This was book account, the |
copying machines for the Pennsyl- |
vania concern.
NOTED BANKING FIRM IN COURT. |
William S. Hilles. representing La
denburg, Thalman & Co., the big New |
York banking firm, appealed before |
the same jury for judgment against |
the Keen Sutterlee Company, of New |
York. to recover judgments amounting I
in the first case to S2,74S.O1, and in the |
second case to $24 ,033.S3, in both of |
which judgment in full were allowed |
The plaintiff sued for money advanced !
on bills of lading, the goods for which |
were afterward disposed of and no re-
turns made. The Keen Sutterlee Com |
pany is now out of existence but il is |
understood that a certain morocco firm |
in Wilmington owes about 81 900 to |
the defunct company, hence the action |
in Delaware court.
Charles b. Evans reported that the
case OF II. L. Evans & Co., VS.. Joseph
II. Hossinger, whom he represented, /
had been settled. The case was there
upon discontinued.
DINEEN'S NEW BOND.
Dennis Dineen was brought into |
court by deputy sheriff and the court |
ordered new recOgnizance entered in |
$1,000. This was done and Patrick |
Plunkett was accepted as surety.
WHITE BROS. WIN AN APPEAL. |
William F. Smalley, representing |
White Brothers, was notified by the /
court that they decided that White /
Bros appeal is valid and that judg- |
ment and costs should be entered |
against the defendant, as White Bro |
theirs were unquestionably the same
parties as J. r. White & Bro, with /
whom the debt was contracted.
SUIT OVER SCHOOL MATERIAL. |
The case of Philip p. Tyre VS.. John
Mulvenas Administrative was taken |
up for trial at 10.45, and a jury was
drawn. Colonel Benjamin Nields and /
J. Percy Nields appeared for the plain |
tiff, while L. c. Vandegrift and G. w. |
Smith represented the Mulvena es-
tate
Colonel Nields, in presenting the
case to the jury, stated This is an ac- |
tion brought against John Mulvena's |
administrative, Mary Mulvena. John
Mulvena was the contractor for build /
ing school house No. "a, for about S40,-
000 In the materials for this building /
was a large quantity of cut stone. |
Brandywine granite, which Philip Tyre |
furnished for S1.75O, he to set it in the /
building. according to specifications, |
all of which he did for 81 $50.
There were various sub-cOntractors, |
and William A. Roop had a contract /
in which was included the Brandywine /
granite work, but Mr.. Tyre never en-
tered into any contract with any one /
except Mr.. Muvena, who paid him S4O4 |
on account and would have paid the |
remainder had he not taken sick and /
died. Thus the suit was brought |
against the estate.
Z. L. Rice testified that he drew |
plans for schOol-house No. "a, and /
John Mulvena was awarded the gem |
eral contract for something over S39,-
600. Philip Tyre was awarded the con-
tract for supplying the granite and |
did furnish all the cut granite. He un-
derstcod that the price for this was
S1,75O After the completion he was
with Tyre when he signed a release as /
sub-contractor on the payment of |
s404 Mr.. Mulvena promising to pay /
the remainder.
Mrs. Emma A. Bradley identified a
notice issued by the late John Null
vena to Mr. Tyre to have his men at
the school-house to "be ready to set
curb at z o'clock on Monday morn [
ng."
James Tyre testified to superintend- /
ing the work. and the only dispute he
ever had with Mr.. Mulvena was over I
the foundation for a fight of stone I
steps, which the architect decided that
Mr.. Mulvena must lay.
Samuel H. Baynard swore that he is |
chairman of the Building Committee I
of the Board of Education, and that |
there is now 81 900 in the hands of the
board due the estate of John Mulvena. /
This is part of the amount of s3,754