Evening journal., 1897-11-29
THE CIVIL BUSINESS.
Court Will Soon Take up
Special Jury Cases.
A NEGRO ACQUITTED OF THEFT

FIRST ACQUITTAL OF THE PRES
ENT TERM-QUICK DISPOSITION
OF TO-DAY'S CIVIL CALENDAR.
CASE AGAINST THE CITY SET
TIED.
Mrs. Levi c. Birds death interrupted
the proceedings of the Superior Court
this morning. Mr.. Bird was attorney
for the defendant in the case of Harry
Emmons VS.. the Home Insurance Com
pany, and Mr.. Higgins represented the
plaintiff. The case was partially tried
on Friday and would have been con-
cluded to-day but for Mrs. Birds
death.
This morning Chief Justice Lore
said.
Gentlemen of the jury: We have
/ heard with sincere regret Of the death
of Mrs. Bird, sister of Mr.. Bayard,
and which occurred yesterday. OF
course, Mr. Bird being counsel in this
case, il is not only fitting, but our duty
to withdraw juror and discharge the
| jury in this case.
One of the jurors was then requested
to step from the box, and after this
formality the eleven other jurors were
discharged. On motion of Mr.. Higgins
the case was continued until the next
term.
The case of John Levy vs.. Paul Gill
lis was continued until a later day be-
cause one of the witnesses was called
away to attend the deathbed Of a rela-
tive.
1t wes announced that the case OF
John d. Connolly, d. b. a., VS. McCon-
nell g. Robinson, would be tried.
Chief Justice Lore expressed the be-
lief that the special jury cases could be
taken up commencing on Thursday
December 9. He informed the mem
bers Of the bar that tomorrow morn
ing the first thing after going over the
special jury list would be to assign
days for those cases.
In the Thomas Cavender sheriff's
sale case Peter l.. Cooper, Jr., asked foI
rule to show cause why the sheriff's
return should not be quashed. 1t was
granted and made returnable on Satur
day.
, William S. Hilles. attorney for the
Z defendant, informed the court that th'
b. special jury case of owen VS.. the Mayo
/ and Council Of Wilmington, had beer
p settled
The case Of Ida J. Todd VS.. d. w
. Cush was referred, referees to be sc
lected by the prothonotary.
g Judgment for the plaintiff for S32
o was reported in the case of John Fin
4 zer & Brother VS.. Quigley & Mullin.
The case of Mary r. Chandler VS.
Richard B. Duncans executor was re
u ferred, the prothonotary to select tn
referees.
Judgment for nolle pros. was grant
ed on application Of Philip Q. Church
J. man for the defendant below in the az
o peal case Of William c. Ellis, d. b.a
. VS.. Charles Wicks. D. b. +. The plain
q tiff below made no appearance in II
4 court above.
N Mr.. Cooper announced that the cas-
n of Pretyman VS.. Williamson would /
A tried on Wednesday.
It was reported that there woul
! probably be an application for contir
n uance in the appeal case of Thomas
n Shea d. b. a., VS.. Agnes Kerr p. b. T
"A e. X. Cochran, Jr., for the plaintiff
NJ stated that the case Of Patrick Kel
- nedy VS.. the Wilmington City Electr
Company, set for Friday, would
tried and consume nearly all day. n
cases of II. B. Duncan VS.. Paul Gill
and John b. Taylor VS.. the Trustees
le the Poor, were also announced for tri
IL on that day
~ DRAYDON ON TRIAL.
Edward Draydon, colOred, was p
- on trial for stealing a $40 oyercoat fro
- Douglass Butler, colored. of No. s
w. Orange street. Deputy AttOrney-Ge
~ eral Cooper conducted the prosecutio
/, The prisoner looked after his own
fence. The testimony for the sta
"a showed that Butler missed The co
an from his room, and eleven days Eat
49, met DraydOn on the street with Z
~. coat on. He took him to the City IL.
and ne was committed for trial.
Draydon took the stand in his own
fence. He said that he purchased Q
coat for S. from a man named Villa
ma Brown, who informed him that he pl
H. chased ii from a pawnbrlker
m The pawnbroker took the stand a
on denied all knowledge of the coat or
as Brown.
ls, The jury retired AMI hroJgh. IN
ell verdict of not guilty This is the III
lr- acqulttal of the term.
nd Ex-Mayor Austin Harrington 4
been appointed commissioner to ia
testimony in the divorce case Of Jenl
VS.. J. j. Thatcher.