Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-12-10

was referred to Prothonotary Woolley
to be ascertained.
On motion OF Walter Fl. Hayes the
hearing of the license application Of
John M. Mulrooney was continued
until Saturday, December 10th, as his
client being i'll and unable to appear.
Abraham W. Cam was charged with
non-support of his wife, Elizabeth,
and their 4-years- old child. Mrs.
Cam testified that her husband had
assaulted her and she went to her
mothers home Mrs. Cann's mother
and sister corroborated her testimony,
as did also Mrs. Annie L. Bradford, a
neighbor.
The court asked Cam II he was will
ing to support his wife now, II she
would return to his home. Mr.. Hilles
announced that in view OF the past
events, his client would not caro- to live
with her again. He has provided for
the child ever since their separation.
Court reserved decision.
In the license cases of Reynolds Bros.
and Mrs. Margaret He'll several wit
nesses were absent and the cases wsre
continued until Saturday. December
18th.
Court adjourned until 10 O'Clock
Monday morning.
When court convened on Monday
morning George M. Riley, one of the
jurors, pres ented acertificate signed by
DR.. Black of New Castle, stating that
be was physically unable to attend to
his duties He was excused from fur
Their attendance. Andrew G. Gray,
commissioner to take testimony iu the
divorce case OF Johanna s. Young VS..
Robert I. Young, presented his report.
On motion OF e. II. Cochran, Jr., pub
LEGATION was ordered. f. Ii. Hoffecker
was granted continuance In the case
Of Julia Hallahan, OF all, vs.. Catherine
Whalen's administrators.
James W. Ponder for the plaintiff re-
ported the settlement of the libel suit
of the Forepaugh Exhibition Co. vs..
the News Publishing Co.
MIR. Vandegrift, for plaintiff, made
motion that the case of A braham Van
degrift's executors vs. Ferdinand Jan
yier be referred to the parliamentary, to
fix amount Of Judgment.
Andrew @. Gray asked leave to with
draw his motion for special jury to
try the case OF Charles II. Stewart,
ct al, IS. p, w. & b. Railroad Go.
The request was granted.
j. Harvey Whiteman. counsel for one
of defendants, applied for a rule on
plaintiffs counsel, Benjamin Nields, to
produce certain note in the case of
Stephen Mitchell's administrator vs..
Abner III. Woodward, ct al.
The case of Agnes p. Raymond vs.
Benjamin II. Downward was referred
to counsel for settlement
Mr.. Chandler for plaintiff reported
settlement of the case OF John p.
Springer Vs. Alfred S. Hurlock.
Court adjourned until 2. 80.
In superior court Monday afternoon
on motion Of Howell S. England, the
court granted the plaintiffs request for
Judgment in the case of Slocum vs..
Gambrill, the defendant failing to
respond. The case had been continued
from the May term. A jury to ascertain
the amount involved was granted.
Tuesday morning Chief Justice Lore
handed down the decision of the writ
on question of appointing COM
missioner to take testimony outside
the State. The decision was on the
application of L. II. Wales, counsel for
al, ys. !. L. Quigley. Mr.. Hilles for
appointment of a commissioner familiar
with the rulings of the court and
manner OF taking testimony in this
State. The court sustained the
position taken by Mr.. EIilles and de-
cided that unless it was absolutely i'm
practicable to do so the commissioner
should be selected from the members
of the bar in this State.
Hnrau q EnnI,nJ nn.1,,~noA 49,
tho case of Henry O. Webb vs. the
Mayor and Council of Wilmington had
been referred to referees by counsel.
Mr.. England also reported that the
case of Celia Rossiter vs.. William Z.
Windish had been svttIed.
Court adjourned until 2. 80 o'clock.
In superior court Tuesday aftor-
noon, Walter Hayes, coun oil for plain
tiff in the case of Martha j. Stroud ve.
the Equitable Guarantee and Trust
Co., administrator, asked leave to
strike out certain pleas that had been
filed by him at the May term, and
which bad prevented the case from
place on the trial list by failure of de-
PENDANTS counsel to make reply. His
request was granted.
L. E. Wales, Jr., asked for per-
mission to obtain judgment by jury
the defendant having failed to respond.
Mr.. Wales represents tho Trump Ma
chine Co. and tbe defendant is the
Diagraph Co. of New York.
Court adjourned until 10. 80 O'Clock
yesterday morning.
Yesterday Court announced that
its decision in the case offWhite, d. b. a.,
Va. John W. Banks, p. b. r., would be
given to-day. The case involved a
point OF law regarding change OF
name by the plaintiffs, after period
of insolvency. Tho firm name Of the
PLAINTIFF originally was James F.
White g. Bro. While trading under
this name the defendant contracted
debt of s45. 49, Afterwards, the firm
was dissolved and some time later
reorganized and traded as White Bros,
becoming indebted to Banks In the
sum of SAC. 46. The latter attempted
to collect the bill, but White Bros. re-
fused payment. The case was tried
before Magistrate Sasse and White
Bros offered the bill which Banks had
contracted with them while trading as
James f. White & Bro. ss a set of.
The magistrate decided against White
Bros. and the case was appealed.
The Ewing damage case against tho
Mayor and Council of Wilmington.
which was to have been taken up at
the opening of court yesterday was
postponed until 2. 80 o'clock. Messrs.
Elliott and Knowles for the city having
filed objections to the manner in which
the count was drawn. Mr.. Chandler,
fn hn f,lu khuk