Delaware gazette and state journal., 1896-01-16
TO PROTECT COURT RECORDS
They Must Not Be Removed
Without Permission.
SOME LEGAL PAPERS MISSING
The Immediate Return OF
Subpoenas Ordered.
Opinion of the court Respecting the I'm
authorized Removal of Documents from
the Prothonotnry's onee-Comments of
Members of Ihe Bench.

The Wright damage case, which is
now being tried before the superior
court, bids fair to be dotted with ex-
ceptions, and breeze was raised In
court Mondoy on its account. Willard
Salisbury, attorney for the Whining
ton City Railway Co, appeared in
court and announced that some sub
pmnas in the case had been duly served
and returned TO the prothonotary's Office
from which they had been removed by
the attorneys for the plaintiff, who re-
fused to return them upon request.
This announcement put the Court on
edge at once. Chief Justice Lore de-
clared that they had instructed the
prothonotary that none of the records
were to 20 out of his Office. Chief
Justice Lore thought that lawyers are
not to blame for following the habit,
but he held it TO be dangerous prac-
tce. Tho Court has already heard Of
papers being lost.
Judge Cullen declared that he could
not understand the practice in this
county. In Sussex county such things
are considered records of the court and
are not allowed 10 be taken away.
The Court ordered the return forth
with of the papers taken out by the at
torneys. In a few minutes Mr.. Sauls-
| bury appeared before the court with
| Artemas Smith of counsel for the
| plaintiff. The Chief Justice stated tC
Mr.. Smith that the Court understood
| that certain subpmnas served and duly
returned to the prothonotary had been
taken from the court against the order
OF the court.
In reply Mr., Smith stated that he
| did not have the papers, that Mr..
| Cooper. the other attorney for the
plaintiff, was not in his Office, but he
should like to communicate with him.
Judge Lore gave notice to the lawyers
that no records are to go out Of the
court without the express permission oI
| the Court
At this juncture Lewis @. Vandegrift
addressed the bench. "Supposo W.
want a declaration to look over?" hi
asked. Judge Lore replied that he mus
copy it or get permission to take il out
Mr.. Vandegrift thought that would b,
a great Inconvenience, and entered 9
mild protest.
The Chief Justice declared that tn,
city WAS growing and there was muct
business and the prothonotary must b,
protected. In Philadelphia lawyer
cannot take out records. And Mr.
Hilles remarked that there you can
not get within mile of them. Will,
court was still in session Mr.. Coope
arrived. but nothing further was saic
in regard to the subpmnas until afte
court adjourned when he spoke will
the Chief Justice.
The suspmnas were returned.
In the prothonotary's office attention
is called to the rule of the court o
January sth, 1896. that "No record
document or paper Of any kind or de
scription, fled in, or belonging to th
Office of the prothonotary, shall here
after be taken from tho said office 70
any purpose whatever, except upol
order of court. Tho prothonotary i
directed to enforce this rule" ="
Under date of January 18th appear
the following: "The above rule WA
again announced from the bench, will
the statement that lawyers desiring
copies of papers or records, must cop
them in the prothonotaPy's Office, o
pay the prothonotary for certifier
comics, -