Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-12-24

Eleven Men in Favor OF the Plaintiff and
One Man In Favor OF the CITY.

One Man In Favor OF the city.
The jury In the Ewing damage suit
had not reached an agreement when
court adjourned Wednesday afternoon.
and Judge Cullen ordered the Jurors
locked up for the night Several mes
sages were sent TO tho court Ia the
afternoon stating thar they were not
likely to agree. The Judges decided
to try nights confinement to see IL
it would not bring the desired result
The entire afternoon session OF the
superior court was occupied in tho
argumentof the case of the city against
Wick. Adjournment was made at ., 80
O'Clock, when Chief Justice Lore said
he would hand down the decision of
courtin the millSmen's case Thursday
morning.
The court handed down its decision
on Thursday on the motion OF City
Solicitor Hartman for non-suit 10 the
miIkmen's suits to recover license fees
paid to the city. The court granted
the, mon suit and Mr.. Hilles took ex-
captions.
Chief Justice Lore then charged tho
jury, instructing them to bring in 4
verdict for tho city. Mr.. Hilles noted
an exception to the charge. The jury
rendered a verdict iI favor of the city.
AT 10.37 the Jury in the Ewing dam
age case sent another message 10 court
asking that they be discharged as they
could reach no agreement. Chief
Justice refused to entertain the re-
quest.
a jury was drawn to try the case of
| George Landreth vs.. Annie A. Dun
seth to recover balance due on an
account between tho parties. Lam
dreth is Philadelphia tea merchant
and claims balance Of Sl9l. al due
Mrs. Dunseith disputes the claim and
| the suit is to recover tho amount
bilburne Chandler appeared for the
plaintiff and Josiah Marvel for the de-
| fendant.
Immediately upon the reconvening Of
superior court Thursday afternoon lii
burne Chandler, counsel for plaintiff
| in the case Of Landreth ,s. Dunseith,
| com pleted his address to the jury.
Chief Justice Lore charged the jury
| and they retired. In about 40 minutes
they returned with ii verdict for the
| defendant, who was represented Ny
Josiah Marvel. The case involved the
sum OF Sl9l. IA. which Landreth claimed
was still due on judgment note given
him By thefiefendapt In 1891.
After the jury had announced The
verdict court remained in session abouI
half au hour, when Chief Justice lore
pent an inquiry to the Ewing jury a
TO whether they we're likely to reach an
agreement. Receiving negative re-
spoase he ordered the jurors locked VI
for the Eight ana adjourned court Unit
| 10 o'clork Friday morning
Tho jury in the suit Of Sydney Ewing
to recover SIS. 600 from the city for in
juries received by stepping into I
broken gutter plate on Ninth street OF
October 10Th, 1894, had failed to react
an agreement when superior court con
vened Friday morning. The nIen hat
passed their second night on the cot
in the third story Of the Court Hous
building, and although every one wa
heartily tired Of tho forced confine
mont the prospects of agreement ap
pear as remote as they were when the.
retired on Wednesday morning. Th
jurors are said to pass the time loung
ing about their room, as they arr
allowed no papers or reading matter o
any Kind, and the rules OF the cour
strictly prohibit any sort of pastim
being allowed them.
Commissioner Harry Whitemau mad
his return in the divorce case o
Thomas Gray vs.. Elizabeth Gray, AM
publication was ordered.
W. s. .Hilles announced that in orde
to allow City Solicitor Hartman to Civ
his attention to the Constitutions
Convention, they had agreed to asl
continuance until the February teri
in the case OF Carrie Owen vs.. til
Mayor and Council of Wilmington.
Argument in the case of the Vale
Paper Co. Va, ", F. Smalley was com
menced by W. S. Hilles and l.. q. Van
degrift. 1t is merely question OF lay
/, as TO the suiliciency OF the affidavit c
defence whore notary public ha'
failed to RiiiX the seal. The argumen
occupied the entire morning session
! and the general jury was discharge
until :. 30 O'Clock.
! Next week this special jury cases wi
be taken up. On Monday the case q
Julia r Yeatman vs. T., w. 81 b
Railroad Co will be commenced. Lev
@. Bird for the plaintiff and Senate
Gray for defendant.
For Tuesday the case of Richar
Turnock vs.. the p, w. * Il. Rgilroa
10, is slated, with W. S. Hilles &c
the plaintiff and Senator Gray for tn
railroad company.
Wednesday viii see Ley Bird an
7 Senator Gray aaain pitted against eac
other in the case of Frank 9. West VI
A the p, W. " Il. Railroad Co. 1t
thought that it will require two day
r to finish the West case, which wi
r bring court up TO tho Christmas hol
( days, when ADJOURNMENT will lie mad
: until January Attn.
, The court decided that the afiidar
+ of defence was insufficient in that til
a notorial seal was not attached in the cas-
, of the Valley Lumber Go Vs. W, i
Smalley. Tho case WAS argued yostel
{ day afternoon, L.. @. Fandegrift fC
the plaintiff and W. S. Hilles for I'd
= defendant.
q In tho case of Hoffecker VS.. Ecl
i hotter, for poasession of property. VIZ
y of possession after 80 days was ISSUED
n Judgment for defendant, notwitl
/ standing affidavit of defense WI
o ordered in the case OF Nichols w. Ken
d The ru!e TO temporarily set aside
+ sheritf's sae in the case of Guthri
= vs.. Chambers was mado absolute.
a Martin d. Burris was authorized
o sell quantity Of grain seized by An
;. Is. Derrickson, AZ the property
Joseph b. Doakyne.
Mr.. Burris in the case of Jamt
Dailoy VIZ. smyrna National Banl
Q made application to reverse the dec
= sion of this court below, which VI
7 done. 1t was on writ of certiorar.
a a In,