Delaware gazette and state journal., 1896-02-27
that therefore there was a mistrisl of


this causa.
tphat the said Indictment consists
Of two counts; which counts charge
the said Daniel Brown and John }.
swan with inAieiing divers mortal
wounds upon ono Leon Pisa by
striking, kicking beating, strangling,
throwing, tripping and jumping upon
the said Leon Piss, and SO inhicting
mortal wounds upon tho head and
right side of him, the said Leon Pisa
of which said mortal wounds the said
Leon Pisa died That the evidence
| offered by the State in this case was
that the said Leon Pisa died of shock,
and that therefore the court should not
accept the verdict of the jury in this
case, on account of tho variance he-
tween the allegations laid in the in
dictment and the evidence.
lO-That the only evidence produced
by the State in this case, as to the
cause OF the death of Leon Pisa is that
he, the said Leon Pisa, died of shock,
while 1t is set out in the Indictment
that the said Leon Pisa died of divers
mortal wounds upon the head and
right side Of him, the said Leon Pisa,
inflicted by the said Daniel Brown and
John j. Swan, by striking, kicking,
beating, stranhling, throwing, tripping
and jumping upon him, the said Leon
Pisa, and that therefore tho Court
should allow a new trial in this CASE
to the said Daniel Brown and John j.
Swan, because that the cause of death,
according to the States evidence, was
not properly set out in the Indictment.
11-That it appears by the evidence
offered by the State in this cause, that
the only wound of any kind in the
head of Leon Pisa was fracture or
crack of the skull, and confusion
unon the right side thereof That by
the evidence offered by the State there
is no possible way in which these
wounds could have been produced ex-
cept by fall upon the floor, the head
coming in contact Herewith. That
inasmuch as the wound in the head
spoken of in the indictment is set out
as having been inflicted by the afore-
said Daniel Brown and John j. Swan,
by striking, kicking, beating, strug-
Cling, strangling, throwing, tripping
and jumping upon the said Leon Pisa,
that therefore, the Court should grant
new trial in this case, because the
indictment does not properly set forth
the cause of death according to the
evidence produced by the State.
The reasons were filed with the clerk
of the peace at 2 O'Clock Thursday af-
afternoon.
The Court Thursday evening heard
argument in the case of the North
American Smelling CO., VS.. Morrow 81
Coulbourn Of Seaford, upon the gues
tion why an attachment should not
issue against Sheriff Truxton Of Sus-
sex county for refusing TO answer an
order of the court. The sheriff had
sold the goods of Morrow n Coulbourn,
and was then garnisheed by the smelt
ing company. He was ordered to come
into court to give an account of the
money left in his hands, after paying
off the FIRMS indebtedness. The sheriff
did not appear, but he was represented
by Charles w. Cullen and William II.
Boyee of Georgetown. The plaintiff
in the original suit, the smelling com
pany, was represented by A. f. Polk,
Il. ID. Hearne and Andrew j. Lynch of
Georgetown and Peter l.. Cooper, Jr.,
and j. Harvey Whiteman of this city,
The sheriff's return on the hack of
the writ showed that he had balance
of between 81, 300 and 81, 400, but that
there were several parties claiming the
same and he proposed at the next term
of court in Sussex county to petition
the court to be permitted to pay the
same into court that the court might
distribute it according to law.
The Court decided that as there were
other parties claiming the fund and as
the sheriff had shown disposition by
his return to dispose of the funds in
his hands in legal manner, that the
attachment should not issue, and the
rule was dismissed.
Al Friday mornings session case of
Ezekiel Hall VI Christopher +. Pfrom-
mer, ct al, as continued upon applica-
tion of William $. Hiles for the defence.
William II. kurtz represents Hall.
Leave to amend was given. A peremp-
tory rule for trial at the May term
was made,
Levi G. Bird announced the settle
ment Of the following cases; John A.
Griffin Vs. the Wilmington City Rail
way Co., in which Mr.. Bird represents
the plaintiff and Willard Salisbury,
tho defendant; Edward M. Lytle's adj
ministrator Vs. tho y. ~ p Railroad
Co., William S. liiles for plaintiff /;
Mr.. Bird for defendant; George A.
Casho VS.. the B. & T. Railroad CO., A.
W. Spruance for paintiff, Mr.. Bird for
defendant Mary Sakers VS.. Wilmington
Mills Manufacturing CO., Mr.. Bird for
plaintiff, Bradford. Vandegrift & Byrne
and William Il. Lyman for defendant.
Tho cases of Frank D. Moore vs.. the
Diamond State Iron Co., Mr. Bird and
II. S. England for plaintiff, Bradford,
Vandegrift Il Byrne for defendant,
and William Fl. Luden ys. the Penn
sylvania Railroad CO., Mr.. Bird for
plaintiff. Senator Gray for defendant,
were marked discontinued.
The case of Edward B. Cox VS.. the
W. & N. Railroad CO., was continued
until next term, Mr.. Bird for plaintiff
Bradford, Vandegrift & Byrne for de-
fendant.
The jury was discharged until Mon
day morning and court adjourned until
10 O'Clock Saturday morning.
In the case of Frank E. Griswold vs..
the p, W. ,E B. Railroad Co., the fol-
lowing special jury has been struck :
John p. Doughten and Millard F.
Davis, Wilmington hundred; Marshall
Jordan, Bernard Dalton and James
Carpenter, Jr.. Christiana; J. Atwood
Weidin, Thomas Il. Day and William
Cloutl, Brandywine; Lewis j. Graves,
Harvey Walker, William A. Morrison,
Arthur jackson and Elwood Woodward,
Mill Greek; Samuel NJ. Donnoll, John
T. Steele. James Crossan and William
+. Griffith, White Clay Creek; David
W. Ekinton and William Vickery,
New Castle; Lambert " Kirk, Pen
ceder; George A. Cleaver, Red Lion !;
Merritt N. Willitts, st. Georges; Alonzo
S. Whittock, Appoquinimink; Isaac II.
Staats, Blackbird,
The Luden case, which is referred to