Evening journal., 1896-05-29
MR.. BIRD WAS ANGRY.
He Said Naughty Things TO
the City Solicitor,
MR, HARMAE K5Pr his HEAD

~ NA Wt@W Vhb uA INC boWAFu UAse
Continuance The Lie was Passed--cits
solicitor Hartman Carried HJs Potni
aud the Case Went Over to November
The damage suit of Seward VS.. the
Mayor and Council OF Wilmington came
very near leading to fstIcuffs In the
Superior court this morning and but for
the coolness of City Solicitor Robert q
Harman blows would undoubtedly have
been struck In or jugt Gu aide the court
room
1t will be rsmam bsred that the Seward
case was tried at the February term, and
City Solicitor Herman aud Horace q
knowles conducted their side OF 1t so
successfully that the jury disagreed in
spite Of the orAtory OF Mr.. Bird
This term it WAS to have been retired
A day or two sgo Mr. Hkrmsn appeared
before the court, stated that three Of bis
witnesses were sick, one Of them being
at the seashore under orders from her
physician, al asked for q continuance
OF the case until the November term
Mr. Bird was ont of town and Andrew
q. Sanborn. his associate, asked that the
court refrain from making the order
until Mr.. Bird could be heard. To NOR
row morning was liked as the time for
the hearing. Mr.. Sanborn insisting upon
the presentation OF siid4vits by the city
solicitor.
This morning while Mr.. Harman was
closeted with the Park Commissioners
and examining witnesses in another case,
Messrs Bird and Sanborn appeared Ia
the Superior Court and asked that the mat
ter be taken up. After some delay Horace
g. Knowles. Mr. Harman's law partner,
succeeded In getting him TO the court
room. Mr. Knowles was particularly
anxious for continuance as be was to
leave Wilmington for Cleveland. O., at s
o'clock this evening, to attend the big
Acklan Crocker wedding.
Mr. Harman Immediately moved for =
continuance and presented an s fl iavlt to
the effect thai three material witnesses
were sick
Mr.. Bird retortei that it was . mere
subtsrfuge He became 80 pronounced
Ia his declarations to that effect that Mr..
Harman said:
''Mr. Bird. IL you say that | am doing
thing OF that kind. you lie
This brought Mr. Bird to bis feet.
He called Mr. Harman "d--d dunghlll
u eAo bu+tVll hlu I-u cur.
Further than that, be brushed up
against him and asked him II he would
60 into an adjoining room and fght It
out, ssying: Cd d-n you, | won't
give you room to stand In. "
Mr.. HArman paltd under the Insults,
but kept bis head. The court called for
order, and secursd 1t.
Mr.. Bird said that he was willing to
admit the substance OF the testimony OF
the three witnesses, but not the facts.
Mr. HarmRn insisted that unless the
facts were sdmltted he had a right to q
continuance.
Chief Justice Lore and Judge Marvel
upheld him, while Judge Cullen dis
sented. Mr.. SAnborn suggested q con-
tinuance until September, but the court
disposed OF that, too BY fixing the
Novembe term IS the time for trial
before the general jury.
Then Mr.. Harman returned to HE
park work Mr.. Knowles began making
to 60 to Cleveland, and Mr.
Bird left this Court House ia very un
pleasant frame of mind
Retirement was made Of the divorce
csseg OF Conley vs. CAnley aud Thomas W
Thomas.
Ia the divorce cases Of Springbatt VS.
Springbett, and Fisher VS. Fisher dis
continusnces were reported The case of
Parrott vs. Parrott was continued.
These cases had been on the argumen
list since 1891, and the court informed
the attorneys that they had evidently
forgotten that there was a rule TO abate
cases after three successive terms had
elapsed.
A jdry of inqnisition gave Robert @
Dnnn a verdict for $32 So with interest,
in his suit against M. c. Miller George
T. Cameron. agent for the Dunn Com
pany, testified that Miller had subscribed
for the book of railways and failed to
pay the $75 dus.
Tuesday morning at 10 o'clock was
fixed by the Court OF General Sessions IS
the time for hearing the contested
license Cases
Jury OF iuquisition returned YER
dict for 1920 GO IN the case OF William
vs.. tke Ksene Satterlse Com
pany.
In the certiorari case Of Benjamin Arm
strong vs. BENZ amin f. Walls on motion
of Fl II Waru Magistrate Ferguson, Of
Mic dletown, WAS ordered to send up his
record by the first Monday in July. and
X he fails to comply an attachment will
issue
A decree Of absolute divorce was
handed down 10 the divorcs case Of John
vs. Anna Wintrup.
Ia the case OF Derickson's administra
tor VS.. Joseph CAvender, administrator.
! rule OF inqnisitlon WAS issued
On application Of II. H. Ward the
sase Of the White Sewing Machine Com
pAny W. William Mailer, Ia which judg.
nent was recovered by the company at
The February term was rsopened, the
defendant making sffi iavit that he never
had notice Of the suit
Commissioner Francis H. Hoffecker
was given until next Monday to make
his return In the divorce case Of Walker
vs. Walker
The Jury was discharged until Monday
and will wind up its business that day
and be discharged until September
There is not case on the special jury
list and 1t Is likely that the May term
will end on Wednesday.