Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-02-18
BELl WINS HIs sUIr
Motion for a New TriaI--AotIon Against j.
Edward Addicks for Wages.

houon tof new kFl1t-fAttiOh fEHlubt ps
Edward Addioss for Wages.
In superior court on Friday John
Biggs. counsel for james N. Crawford's
executor, announced the discontinuauoe
of the suits against Frelinghuysen Ii.
Clothier, Alexander Maxwell, William
Il. L. Tatman and Purnel j. Lynch,
as Judgment has been confessed to
plaintiff, the amount TO be ascertained
by the prothonotary. A stay Of execu.
tion for three months was granted.
In the case Of Ennis VS.. Davis iudg-
ment was refused, Notwithstanding the
affidavit OF demand.
On the application of James Ponder
Jury OF inguisition awarded Charles
n. Donnelly the sum OF $3.50. 40 on q
claim for interest on real estate against
Anne E. Witt.
Court adjourned until 2. 80 o'clock.
The afternoon session was occupied
in hearing the case of DIR. Henry Nor
row va. Alfred Turner. The action
was to recover on promissory note for
300. The plaintiff was represented by
Charles NJ. Curtis and the defendant
by John Ii. Rodney. After jury had
been draw, DIR. Morrow won't on the
stand and related the circumstances of
the case. lie claimed that Mr.. Turner
borrowed 500 from him in 1887 and
that no had frequently requested tho
payment OF the debt, but was unsuc-
cesaful. Alfred Turner and his wife,
| who were the only other witnesses in
the case, both testified that some time
| later, during visit to their home in
Washington, DIR. Morrow had told both
of them that in consideration of per
snnal services rendered him by Mr..
Turner no would consider the debt can
celled.
Mr. Rodney claimed that under the
statute OF limitation tho debt could
not DO collected in the first place I;
| secondly, that the debt had been can
oelled and thirdly that the debt had
never been acknowledged by the plain
tin.
! Mr.. Curtis doned this and claimed
that process could not be had against
tho defendant between 1888 and now,
owing to tho fact that no was non
re8iuent and therefore the statute
limitation did not apply. Tho argu-
.usnt closed at g.. 20 o'clock and court
then adjourned until 10 O'Clock Satur.
LAY morning.
In court on Saturday morning the
greater part Of the time was taken up
IN Argument to SGT aside sheriIi's sale
Of the property Of Robert Keenan, al
No. 2US Stroud street. The property
waa built two years ago, and cost
81, 425 to build. Tho property was re,
comfy sold by the sheriff on fore.
closure OF mortgage and was bough,
in by HOtfecker & HoifeCker, for $3.50.
W. S. Ililles who appeared for MIR,
Keenan,, moved TO set aside the sale or
| - ;nn ~ ,,rko 4,
called Ralph q. Lupton. W. $. Wilson,
JoRoph l.. Carpenter, George c. Ware
and Robert Keenan, to testify as to thu
value of the property.
Mr.. lloifeckor opposed tho grantin.
OF the rule on tho ground taht tie pric,
was fair ono under the conditions
existing at present, as tho purchase
must nay back iaSes and interest, am
must also give mortgage for $500 oi
The property, until tho total cost viii
amount to Sl.05O. Court will give it
decision on Monday.
In the case Of Christopher Pfromme
rs. GottIeib Ihln, Josiah Marvel asker
the court to discharge a rule and tn
case was discontinued upon tho pay
mont of coats by the defendant.
Tho court ordered that tho rule to so
aside sheriff's sale in the case u
Ferguson vs.. oldham bs continues
: until Saturday next. A similar ordc
, vas issued in The case of Thompson VS.
King.
Court fixed February a5th as tho dat
for hearing the special jury trial OF he
D 80. the Pullman Palace Car Go.
When court roconveneI on Monda
, morning Judge Marvel charged tho jur
|. J in the case of DR. Henry W. Morrow VI
Alfred Turner, an action to recover o
: Il promissory note for Sl00, The jur
: was out about an hour aud 20 minute
| and returned with a verdict in favor {
r the plaintiff for tho face of the note.
A jury WAS drawn to try tina case {
Stephen Mitchells administrators Vi
Abner II. Woodward. The action was /
Q recover on Il promissory note for SD
/ made ny Ahner II. Woodward and II
I wood " ooiward, payable to Stephe
, Mitchell u months after the date {
the note, March 23d, 1889. The aGtio
ia brought by Lydia and TRylt
Mitchell, administrators of Stephe
Mitchell. After benjamin Nisld
rounsal for the plaintiffs had stated Ii
d case, j. Harvey Whiteman for Ii
defendant, moved for a non suit on IL
g ground that counsel for the plainti
II had not shawn how tho plaintiffs wei
~ authorized to bring the suIt.
. Mr.. Nei!tis replied thar be had new
e known it to hn required TO prove II
" right Of recognized administrators
y collect ticntH He asked that the jul
10 DO Withdrawn and no Ito allowed
IL amen,l the pleas. Chief Justice Lo
NJ Haid the error was in the proof and n
10 in tho ploas aud said tho cnuri cou
q not do otherwise than grant non.sui
u The Jury wRa accordingly instructt
" to render a verdict In favor OF Il
We iafeniant,
III The casa OF the Diamond State Irt
O. Co., d. b. a., va. Draper V. Boil, p,
l. r., vas called and a jury drawn to t
re tho case. II. II. Ward appeared I
ie Dir. Bol! and the iron company "
y represented by Lewis @. Vandegrii
Ia The amount involved was Sl0.5 ba
pay, which the company refuaad
n, Jiay, claiming that MIR he'll had fC
~ feited his right to the money. throu.
~ neglecting to give two weeks n1ti
no that he was going to leave tho empl
al Of the firm. The case was first tr
before Magistrate Sasge and ,lrcisi
". piven TO Mr.. Bell. The eaaa W
n ! appealed anu came up for trial Il
~ morning.
l Mr.. Bell was the first witness
testified that no was employed by
'ss Belts Machine Co., in June, Isl
when he was offered 50 per weok
ut Foreman Gehr of the Diamond Str
Co. TO enter the employ of that co