Delaware gazette and state journal., 1896-03-26

nounceu 10 lne court carly on Saturday
evening that there was no possibility
OF ever reaching verdict. Chief
Justice Lore accordingly sent for the
Jury, and when they camo into the
court room two communications were
handed to Prothonotary Woolley. One
was from the foreman and ono from a
juror stating that the jury could not
agree. After questioning the iurymen,
and being convinced that 1t would be
useless to keep thom out longer tho
Chief Justice discharged them from
further attendance.
Ii was learned that the vote stood
eight for the plaintiff and four for the
city, the latter jurors being Messrs.
Wilson, Rees, Mcdowell and Cochran.
After tho jurors had beon discharged
Messrs. Harman and Knowles, who had
represented the city, were congratulated
on their victory. The main question
discussed IN the jury room was tho
city's liability.
City Solicitor Harman stated that
should the case come 10 trial again he
can put up even stronger defence
Superior court had brief session
on Monday morning with Associate
Judges Cullen and Marvil on tho bench
Josiah MnrviL attorney for Walter
Bacon, moved for continuance of tho
case Of the Bar Association VS.. Bacon
until the May torn. Continuance was
granted, tho bar association committee
entering no objection. Permission was
given the committee TO amend.
In tho case of Smith Va Reuben Roy
leave to amond was given plaintiff.
Upon application of Il. Bayard
uff a.. tkA -,
the divorce case Of Annie II. Bowen va
William Bowen, Charles b. Evans was
appointed commissioner to take testi-
mony.
The Walker ya. Walker divorce case
was continued till the May term.
In the case of Walter s. Money vs..
Victor Durand ct al, a rule for writ
of possession was made absolute. Mar
tin b. Burris represented the plaintiff.
In the case of the Charles Warner
Go. vs. tho jerome Glazed Kid Co., in
which money from the sale of the de-
feudant's goods has been paid into
court, Walter Ii. Hayes filed petition
for so wages on behalf of Samuel B.
Minor
Court adjourned until 10 o'clock on
Tuesday morning.
Superior court met in the iudge's
parlor aJ Court House Tuesday. Much
timo was consumed in the considera.
tIon of claims in the case of the Charles
Warner Co. ys. the Jerome Glazed Kid
Go. There was 81, 445 27 in the treas
ury of the court as the:net proceeds of
sheriff's sale, and this amount was
being fought over. Harry Emmons rep
resented Melville Gambrill, who had
claim of 81, 700 for rent due and falling
due. Walter H. Hayes represented
Samuel b. Minor, who had claim of
$50 for services; II. III. Ward appeared
for ii. l.. bOcheim; Austin Harrington,
for John w. Lowder, former watch
man, and Andrew q. Gray, for tho
Jerome Glazed Kid Co.
The Court first considered Minors
claim for services as watchman since
the goods were levied upon by the
sheriff, and decided that the claim did
not come under the statute, which Is
designed to protect workmen who are
caught by an execution. The claim
was not allowed.
Tho claim represented by Mr.. Har-
rington was for services before the levy.
Judgment for 500. so had been obtained
and it was allowed.
The court discharged the exceptions
in the case of Andrew j. Travis vs.
Meredith, which was a mechanics lien
case. In the opinion on the decision
which will be handed down the Court
will express itself as to the distinction
between contractor, sub contractor,
labor and material. This will be con-
struction of the statute which has been
in dispute ever since tho creation of
the act.
A session of superior court was hold
Tuesday afternoon. In the case of the
Charles Warner Go. Va. the jerome
Glazed Kid Co., which had been before
tho court in the morning, the landlord,
Melville w. Gambril, was awarded
81, 416 n for rent. The Jerome com
pany had been Mr.. Gambrill's tenant.
The money from tho sheriff's sale of
their goods having been paid into
court, Mr. Gambrill had petitioned
that it be devoted to the payment of
tho money due and coming due him
for rent. The February term of court
was adjourned without day.
PASTORAL RELATIONS DIssOLP ED.
New Castle Presbytery Acts Upon the Rev.
Np