The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1896-12-16
EWING july OUT
Many Other Matters in S Pc
rior Court this Morning.

Associate Judge Cullen this morning in
Superior Court charged tho jury in the
Ewing damage case. Tho charge was a
lengthy one and was virtually re.state-
ment of the charge delivered in the Seward
damage case, which was tried some time
ago and resulted In Disagreement of tho
jury.
The charge was not satisfactory to City
Solicitor Hartman and he wanted an OK.
ception, the Court stating that they be-
lieved 1t should DO SO received by him.
The exceptions will be argued at later
day before the Court Of Errors and A ppeals
The jury retired at 1925 o'clock and was
still out at o'clock.
Then the daily calendar was gone over.
The first case called was that of Voshell
ct al, vs.. Lavender. Harry Emmons for
the plaintiff and Peter l.. Cooper for The
delenuant VINO stated that he was ready as
soon as client returned from tho Jury
room, he being on the Ewing jury.
Harry Emmons reported settlement
In tho case of Lazard Frarers vs.. GRAY
The case Of the Norfolk Timber Com.
pany VS.. William Simmons, upon the an.
plication Of Anthony Higgins for the
plaintiff was continued owing to the
absence Of witnesses. 1t went to the foot
OF the list.
In two cases OF the J. O. Buyer Com
pany vs.. White Brothers, counsel con.
sented to allow the case to go to tho foot
OF the list the understanding being that
the cases would BIO tried at the present
term.
A continuance until the next term was
granted in the case of Henry w. Morrow
VS.. Alfred Turner. Several days ago
Charles NJ. Curtis filed for the plaintiff an
amended narr which John H. Rodney
contended, charged the issue and was
therefore entitled to continuance
En-. United States Senator Anthony Hig-
gins and Senator George Gray, fought
hard for and against continuance in the
damage suit of Susan A. Stewart VS.. tho
I. w. a. b. Railroad Company. Mr..
Gray, appeared for the defendant company
who had notified him that the accident
had occurred on April 1895 and had so
framed his narr, but Oh the 9th day of the
present month the company informed him
that the accident happened on May 8.
The continuance was therefore allowed.
Mr. Higgins being given permission to
amend his pleading,
A continuance until February term WIS
allowed in the case of Pierce VS.. Mayer
and Council Of Wilmington.
The case Of Lrndoman VS.. Dunscith
which was to have been tried to-day will
be taken up tomorrow.
AJURY OF TEN.
III Is n0U often thata jury composed OF
but ten men trys case, but that number
was drawn to try tho action of tho Mayor
and Council. d. b. a.. vs.. Charles Wicks,
p. b. r. The special panel was exhausted
by the Ewing jury yet counsel on both
sides agreed to try the case with tho ten
men.
iThe aseis an appeal from amagistrate's
decision, Mr.. Wickes having sued the city
to recover SO which he paid us licirs,
to sell milk, the city ordinance relative 10
the matter having been declared uncon-
stitutional by tho Court.
The case Is a test one, which involves
the rights of many milk dealers in the city
who paid the license. William S. Hills
appeared for Mr.. Wicl1es, and City Solioi-
tor Hartman for the city Mr.. Wickes told
of paying tho license under protest Then
Mr.. Hartman moved for non-suit, on the
ground that Wickcs had paid the license
voluntarily.
The question is ono OF law and afgu-
ment on it followed.
Counsel was talking at the hour Of ro-
cess. Letters on the estate of William
Harris, late Of Christiana Hundred have
deem graz ted to Daniel Green