Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-12-17
SUPERIOR COURT.
Trial of the Damage Case of Ewing VS.. tho
CITY. li4E

Peter Il. Cooper, Jr., addressed the
court and moved the vacation Of the
proceedings by which Dennis Dineen,
charged with burning tae barn on the,
Iarm occupied by Anton Cook, near
Hockessin, was released on bail, and
requested the court to issue capias
for Dineen. Mr.. Cooper in explanation
of his motion stated that he bad
learned on good authority that Dineen
was preparing to go to Ireland, where
he proposed remaining for at least five
years. On learning this Mr.. Cooper
proceeded to examine the bail bond on
which Dineen had been released, and
found that John Gormley, whose name
was attached thereto, did not measure
up what Mr.. Cooper thought he should,
as Mr.. Cooper stated that tho only
property to satisfy the bond in case Of
default was a small piece of land near
Hockessin. which was badly encum-
bered. Mr., Cooper's motion was
granted and the capias issued accord-
ingly.
In superior court Thursday morning
Walter III. Hayes offered Patrick
Plunkett as bondsman for Dennis
Dineen, who had been apprehended by
Deputy Sheriff Ratledge and brought
into court. After Mr.. Plunkett had
been accepted by the court. Mr.. Hayes
said that Dineen had no intention Of
leaving the State and that Deputy
Attorney General Cooper had been
misinformed.
Superior court opened at o'clock
for the purpose of allowing several
special cases to be given to jury for
ipquisition as 10 amounts to be
awarded. f. H. Hoffecker, counsel
for Trump Bros, secured a judgment
of 50. 1877 60 against the Diagraph Go.
of Pennsylvania. The plaintiffs built
number of machines for the defend
ant company which has since gone out
OF existence. The same Jury awarded
-, 74S. 0l to the Ladenberg Thalman
Co. against the Keen -Sutteriee, Co. on
foreign attachment TO recover on
money advanced on casks of glycerine
which defendant imported, and after
wards, 1t is alleged. disposed of With
out permission from, plaintiff, and
without making any settlement there
eor. In several other cases between
the same parties the jury awarded the
total amount of So, 433. SS. w. s..
Hillts was counsel for plaintiff.
Charles b. Evans, for plaintiff, re-
ported settlement of case of II. J..
Evans vs.. Joseph Fl. Hossinger
Court handed down its decision and
sustained the appeal Of Mr., Smalley
in the case Of White Bros, d. b. a.,
vs. John w. Banks, p. b. r., and
allowed him the costs in the case.
A jury was drawn TO try the case OF
Philip P. Tyre VS.. John AMulyena's
Administrative, being action involving
the payment of balance Of Sl.346.
alleged to be due Tyre as payment for
furnishing cut stone and granite used
in the building Of No. "a School.
E. l.. Rice, Jr.. the first witness,
testified to the giving of the contract
for building of the school to John Mul-
vena. The contract price was about
$40, QUO. Among the sub-contractors
was the plaintiff, who was given the
contract for furnishing and setting
stone in place at the price of 81. 750.
The Brandywine Granite 90. had
underbid Tyre, but the latter agreed
to set the stone in place, and he was
given the contract. After the building
was completed, the building COM
mittee of the Board of Education en-
deavored to secure the release of all
liens against the building. Mr.. Tyre
was paid S404 on account by Mulvena
and the latter promised to pay him the
balance of Sl,346 when he secured a
settlement with the board.
James Tyre testified that he had.
charge of cutting and setting up the
stone at the school. After the work
was we'll under way Mulvena came to
HIM and stated that some of the stone
mistake had been made by the sur
q ra1 fn baf No
duction would be allowed for this
stone. Mr.. Tyre refused to allow any
thing for the stone, but the material
was afterward used.
Mrs. Mary Il. Bradley, Mulvena's
bookkeeper, and il. A.. Brown testified
that when Mulvena paid Mr.. Tyre the
S404, the latter hesitated to sign the
release until Mulvena told him he
would pay the balance.
S. II. Baynard, chairman OF the
building committee of the Board Of
Education, in his testimony, said that
since the settlement with Mulveua,
when So, 754 was held back to cover
claims of su ub,ontractors, the board
has paid 81, 1877. 3S to q. Ii. Mccall,
S549. 40 to s. g. Simmons & Bro, and
other claims, totaiing 50. TIA. IT, leav-
ing s1,627. Is still held by the board to
await the decision in the case on trial.
The plaintiff here rested.
MIR. Bradford In opening for the
defence said that he would prove that
Tyres contract was with one William
A. Ruth and not between Muvena and
Tyre. l
Defence had but two witnesses when
court reconvened and it took bat very
few minutes to hear their evidence. The
rest of the afternoon was occupied in
arguing points of law bearing on the
case and in the addresses 20 the jury by
counsel. Court adjourned at o'clock
until 10 O'Clock Friday morning.
Chief Justice bore charged the jury
after court opened on Friday and the
the jury retired. In about 15 minutes the
returned with a verdict in favor of the
plaintiff, Philip r. Tyre, for the full
amount claimed 81, 346, with interest
from January. 1894. to date, amounting
in all to 81, 563 10.
The Court said that no special jury
cases would be heard before December
2lst. Chief Justice Lore also announced
that court would remain in session
until December Oath, if there is work to
keep them that long, and that adjourn
ment would then bo made until
January 4th. 1897.
The case of Luther W. Ewing vs.
the Mayor and Council of Wilmington
was then taken up. The suit is TO
recover Sl5. 600 damages to Ewing's |
wife, Sydney L. Ewing, for injuries
a alIeoe6 IN bava haen paiiaed by stapniuo |