Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-12-24
converted and from noon on Wednesday

until the time they were discharged
City Councilman Francis Pagan Of
New Castle waA the only one who stood
out in favor OF tho defendant. lie con-
tended that constructive notice had not
been proven, aud refused TO bulge from
this opinion. All sort OF argument
was brought to bear on him, but as
another juror expressed himself. you
might as we'll have tried to move tho
Court House as to change his opinion.
a The long confinement had told pretty
well on all hands and Lemuel Il. Lee
of Middletown, was taken u early
Friday morning, and in the afternoon
his condition was such as to require
medical attention.
or the eleven jurors who were in
favor Of awarding damages, eight were
in favor OF awarhina from 50, GOO to
s., 600, while the other three favored
only nominal damages
As announced in superior court on
Saturday, the trial lists were gone over
Monday morning. Cases against the p,
W. & b. Railroad Co., brought by
Julia F.. Yeatman, Richard Turnock
and Harry Q. Morgan for damages.
were reported settled or 10 the hands
of counsel for settlement Walter Ii.
Hayes reported the settlement OF the
case Of Sharpley VS.. Darrell and
Squibbs.
10 accommodate II. G. Knowles,
counsel for the city, W. S. Hilles
agreed to allow the Ewing damage
case to 90 over until after the holiday
recess. Mr.. Hilles, at the request Of
| i. G.. Bradford, agreed 10 allow tho
case of Hex, VS.. the Pullman Palace
Gar Co., to 80 over until the same
time.
After tho trial list had been gone
over jury with John II. Peoples as
foreman was drawn to try the case of
Mrs. Mary J.. G. Foshel va. Thomas
| Cnvender. Tho case involves the pay
msnt of $1,000 with interest from
April, 1893 due ON mortgage. Plain
till and defendant are children OF Junn
| A. Cayenller, who died in 1884, leaving
to bis wife and four children two farms,
one valued at $500 and the other at
| SIS, 600. On tbs latter farm was due Il
mortgage of $4,000 The wife was to
have dover OF one third OF the
property, the remainder TO he equally
divided among the four children. The
mothers share was to be equally
divided among the children at her
death. Thomas Lavender took the
81, 500 farm and Theodore, another son,
took tho $500 farm. The mother
afterward died and tho settlement OF
the estate came TO the children.
Thomas owed judgment bond OF
$1,000 to his sister, tho plaintiff, aud
in April, 1899, Mrs. Voshell, by
arrangement with Thomas, received
from Theodore. tho sum Of 81, 800 as
Thomas share in the large farm. Mrs.
Voshell was authorized to receive the
money from Theodore, because Thomas
owed 1928 to his brother, and he feared
that Theodore would retain this
amount il be did the collecting. Mrs.
Voshell was To apply the sum she re
ceived from Theodore to the wipinl
out of Thomas one fourth interest il
tho mortgage outstanding on Theodore
farm. This had not been done ant
when some buildings on Thomas farm
were burned down his insurance wal
attached to satisfy the mortgage. Afte
hearing the epiderce OF Thomas Caven
dor and Mrs. Noshell court took Il re-
cess until 2. 30 o'clock.
The Voshsll, Cavender suit occupied
the entire afternoon. session OF thu
superior court on Monday, the tint
being consumed in the examination o
papers which the plaintiff claimed
contained forged signatures ]. Jack
son Poirce, John Carswell and Prof
Reynolds were called in as experts tc
pass their judgment on the matter
The case was argued on Monday by
counsel, Harry Emmops opening TO
the plaintiff at TO- 10 O'Clock and clos
ing at 30. He was followed by Pete
l.. Cooper, who occupied 40 minutes
Mr.. Emmons then closed the case ant
at 11.50 O'Clock Chief Justice Lor
commenced to charge the jury. FL
said that tire decision OF the jur.
would have to be as to whether tn
! receipt which was offered in evidenc
was genuine or not and that the cas-
depended entirely on that and TO tn
jury's Judgment of the veracity of tn
witnesses as TO the facts leading up t
the signing Of the receipt. Tho iur
retired at L. 10 o'clock, returning a
10. So with verdict in favor of th
defendant. The rule for writ G
possession in the case Of Harris ad
minisCrators vs. Thomas Linden wa
made absolute.
[Addltiohal court news on fifth page.l