Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-03-05

noon granted non-suit in the case of
Joseph Stelwagon's Son VS.. tho Will
mington Coal Gas Co., upon the appli-
cation of counsel for the defence.
Judge Cullen read the decision Of the
court, which was to tho effect that the
plaintiff could not undertake that form
of action without having returned the
portion of oil which he claimed to have
been inferior or different in quality
from that which he had bought But
while according TO his testimony the
water gas tar was inferior to coal tar,
yet it was of some value, and the
plaintiff could not undertake action in
the form he had, without having re-
turned or offered to return the alleged
inferior article. Having failed to do
so, the plaintiff must bring different
kind of action, either an action on
contract or an action for deception.
Tho plaintiff was represented by Hof-
fecker * Hoifecker; the defendant by
William g. and Arthur W. Spruance.
The court was in session less than
half an hour Thursday. Judges Cullen
and Marvil were on the bench. The
quo warranto case of the State of Della
ware vs.. William A. johnson will be
argued on Saturday. This is the case
in which johnson is said not to be
properly holding the Office of road com
missioner of Pencader hundred. The
State is represented by Medford II.
Cahoon and Harry Whiteman. John
Biggs represents johnson, who is a
Democrat.
The damage suit of Daniels vs. Liebig
was fixed for trial to-day.
Court adjourned until 10 O'Clock Fri
day morning.
Another short session was held on
Friday. The general jury, which
had been drawn to try tho case of
Benjamin W. Clark, ct al, vs.. Thomas
Pagan, ct al, was present, but was
not required to try the case, as Leonard
Il. Wales, Jr., reported its settlement.
The plaintiffs were represented by Hof-
fecker IL Holfecker, and the defendants
by Philip @. Churchman and Ill. III.
Ward. They ARE Washington parties
they met in this city Thursday at the
differences, which grew out of alleged
conflict of patent rights in the CON
struction of garbage carts.
After this case was reported settled
the jury was discharged from any fur
ther attendance at this term of court.
This ends the general jury cases for
this term. Special Jury trials are yet
TO come up. That of Daniels vs.. Liebig
Manufacturing Co. was fixed for trial
Monday, March 9th.
In the divorce case of John Wintrup
vs. Annie Wintrup, upon the applica-
tion of Philip q. Churchman, counsel
for complainant, Francis Walker was
appointed commissioner to take testi-
: mony.
The matter of hearing the license
cases was brought up. There are
remonstrances against christopher
Pfrommer, Union Park, and William
Legg, Stanton. William Whitcraft,
Christiana, withdrew his application
some time ago.
Court adjourned lntil 10 O'Clock
Saturday morning
Court had another short session Satur.
day, with Judges Cullen and Marvel
on the bench. Judgment for failure oI
appearance was granted the plaintiff in
the case of the White Sewing Machine
Co. vs. William Il. Turner. Thomas
Davis and William 4. Lyman repre-.
sented the plaintiff.
In the mechanics lien case oI
Andrew j. Travis vs. Laura NJ. Mere
dith, ct al, Lilburne Chandler, for the
plaintiff, stated that the property wat
advertised for sale that afternoon, anC
he thought it better to wait till after
the sale and see if there was anything
left to fight over. William S. IIilles,
for the defence, was ready, and Judgt
Cullen directed that the argument pro
ceed. Mr.. Hilles finally agreed to :
postponement, with the consent of the
Court, until some time to be fixed by
the Court.
Adjournment was made until Monda,
morning at 10 O'Clock.
The damage suit of William r.
Seward and Mary A. Seward, his wife
vs.. the Mayor and Council of Whining
ton, went to trial before special jury
in the superior court Monday morning
The plaintiffs are represented by Low
@. Bird and Andrew II. Sanborn. TIL,
city's attorneys are City Solicitor
Robert G. Harman and Horace Greele,
Knowles. The jurors were called b!
Prothonotary Victor b. Woolley, ant
several were challenged, as follows
BY the plaintiffs counsel. Abran
Armour and Crawford Rankin; b,
counsel for the defence, j. Frank Rey
bold, John Il. Cheairs and Charlie
Derrickson. The jury as finally agreed
upon was as follows:
Wilbur 4. Wilson, foCeman; Isaa,
j. Woods, John Shaw, Ben njamin f.
David, John r. Cochran. ,Ir., william
Greer, William Vickery, W II. Reese
Harris b. Mcdowell, James Il. Cats
John Lockerman and James Craig. Al
other jurors summoned in the case wer
discharged from any further attendanc
at this Term.
Mr.. Sanhorn offered in evidenc
deeds to the bed Of the street fror
building line to building line, whic
Is owned by the city. These were al
mitted.
William B. Carswel, civil engineer
testified TO plot of the neighborhoo
of Fifth and Harrison streets
Francis McNlonagle of Phladelphia
testified that his wife. Mary Jane, wa
the owner of the lot adjoining the side
walk in question. He said that the
had no agent here to care for tn
property.
Mrs. Mary A. Seward, one Of tn
plaintiffs, next took the stand. Sh
lived at No. i2l East Sixth street a
the time of the accident. She sal
that on the night of the accident
was raining. She was going to Nc
1917 West Fifth street to fit a dresi
when she fell into trench and was ii
jured.
Charles E. Ballard, who lived at NJ
Dol Franklin street. in the spring {