Delaware gazette and state journal., 1896-01-09
wll CKENS DAMAGE SUIT.


City -other BUSINESS.
The attorneys concluded their APP
peals to the jury IN tho WilcEens dam
age case at Mooday afternoons ses-
sion of superior court. City and county
oliicials, lawyers and ministers sat
within the railing of the court room
and listened to the speeches
In his closing address City Solicitor
Harman said that the city was CON
tending for a principle. Rather than
nay cent of damages to o man who
didn't deserve damages, the city would
pay 5000 to defend suit,
Levi @. Bird began about 3 O'Clock
to make the final appeal to the jury.
Mr.. Bird concluded in less than an
hour, after which court adjourned until
Tuesday morning.
Chief Justice Lore charged the
Jury in the case on Tuesday morn
ing. He says the city is responsible for
the condition of its streets, and per-
son driving along the highway must
exercise reasonable care. III by reason
of looking elsewhere the plaintiff
should have driven into the hole he
cannot recover, no matter how negli-
gent the city was. The plaintiff can
not recover if he was in the least negli-
gent The burden OF proof is upon.
the plaintiff to show whether the city
was negligent. If the plaintiff alone
was negligent or ii he contributed to
the negligence, he cannot recover.
Should they find for the plaintiff the
amount should be such as to compen-
sate him for the loss and the injuries.
II they find for the defendant the ver-
dict should simply be for the defend
ant, " The charge consumed about 10
minutes.
Horace Greeley Knowles, of counsel
for the city, asked the court to purge
John Lemon of contempt and TO remit
his fine. Lemon had been summoned
as witness by each side, but had
failed TO appear when called for by Mr..
Bird Chief Justice Lore said wit
nesses must come when summoned Z;
court cannot wait upon their pleasure
and did not feel impelled to remit
Lannon's fine.
The jury retired about 1918 o'clock
Hugh @. Browne presented an ap-
plication for the correction of two
| deeds At "a sheritf's sale during the
term of Alvan Allen, Joseph Il. Car
penter, Jr, and Alfred d. Warner each
bought property. They afterwards
decided to exchange the properties,
but the deeds AZ made out did not
agrec with the sheriff'a return. The
court held the matter under advise
ment.
Josiah Marvel announced that the
widow Of Lombardy, an italian, who
was killed on the Baltimore & Ohio
railroad near Kiamensi station, had
died since the bringing Of suit against
the railroad company. He askeed that
her administrator be made party to
the suit The administrator name is
Peter Rocco. Levi G. Bird, attorney
for the railroad company, objected on
the ground that there was no power
under the act of Assembly for such d
proceeding. The Court reserved de-
cision.
Hugh @. Browne announced that tht
divorce case of IIaines vs.. Haines hat
been discontinued.
Shortly before IL O'Clock the judges
went to their parlor. message from
the jury in the Wilckens damage suit,
received at IL. 40, showed that they
were not ready to come in and recess
unit! 2. 30 o'clock was taken.
When court reconvened the jury
in the Wilckens damage case hat
not agreed upon verdict. Another
recess was taken until . O'Clock but
the jury was still divided. Judges
Cullen and Marvel who were on the
bench allowed jurymen to send mes
sages home.
Judge Cullen directed the bailiff tc
tell the jurynen they had better agree,
as they would not be discharged unit
they did. Court took another recess
until 10 o'clock yesterday, and thu
jurors spent the night in the Court
House.
Court opened at tho usual hou
Yesterday. The Wilckeus jury still r,
mained in its room, having reached nc
unanimous decision, although locked
out all night.
1t is said that on the first ballot tn,
jury stood 8 TO in favor of the city,
Yesterday morning, it is said, the bal
lot was 10 to for the city.
Judge Cullen handed down the opin
ion of the court in the case of Bettini
Rodgers vs.. her husband, William H
Rodgers, for the support of minor chill
dren. At the last session of the Legis
lature Mrs. Rodgers secured divorct
and afterwards brought suit, through
Ii. IL. Ward, for the support of th
children. John ii. Rodney, represent
ing Mr. Rodgers, argued that unde
The statute Rodgers could not be com
PEELED to support the children after tn
divorce had been prayed for by tn
wife. The Court, however, construed
the law differently and ordered tina
the father support the children. II
must pay So per week and furnish
bond of $780, II tine money be uset
for any purpose other than for the ct il
dren' support, the order of the Cour
is tn be suspended.
The answer to the rule to show caus
why William III, johnson should not b
removed from tho office of road com
missioner of Pencader hundred wa
continued until the next term.
j. Edward Addicis' attorneys, ii
II. Ward and George Lodge, were i
, the court room ready for argument o
the question as to who shall pay th
costs in tho Addicks divorce suit. Th
judges retired to their parlor abou
80 o'clock to hear the argument
, Mrs. Addicks was represented by VII
liam s. Hilles.
, After hearing argument in the Ad
, dicks costs case court took reces
until 2.30 o'clock.
At that hour tho Wilckens jury ha
been out about 16 hours.
At last reports the jury was said
stand 10 for the city and for th
plaintiff.