Evening journal., 1897-12-14
TAYLOR IS NON SUITED
Due to Failure to Prove the
Contract.
THE SUIT WILL BE BEGUN AGAIN

THE SUIT WILL BE BEGUN AGAIN
JURY IN THE LOUTH-THONfPSON
CASE WAS CHARGED BY CHIEF
JUSTICE LORE, AND is NOW DE
LdBERIATING.
In the Superior Court yesterday af-
ternoon 1t was announced that the
case of John N. Sewell VS.. the Will
mington City Railway Company, would
come up for trial on Monday next.
| Richard Tierney, who has been in Jail
because he would not support his wife,
was released, as Deputy Attorney-Gen-
eral Cooper stated that Tierney had
promised TO provide for the woman.
| Jonn II. Rodney, for the plaintiff
and Alexander B. Cooper, for the de-
fendant in the case of Louth VS.. John
Thompson, Of New Castle. argued be-
fore the jury yesterday afternoon.
Argument in the case Of Lewis Louth
and Ella Louth VS.. John Thompson
was closed this morning, and Chief JUS
tice Lore charged the jury After re-
viewing the claims of the plaintiffs and
the defendant and the testimony they
had produced the court said chat the
plaintiffs right to recover was based
upon the negligence Of the defendant,
and Il was necessary for the jurors to
J satisfy their minds by a preponderance
of evidence that the negligence, II any,
which caused the injury was the fault
of the defendant before awarding a YER
dict against him.
"On the other hand" said the court,
III the defendants negligence is so
proved and he seeks to avoid liability
for such negligence upon the ground OF
contributory negligence on the part OF
the wife; then the burden Of proof
shifts, and the defendant must show
contributory negligence on the part Of
the wife by like preponderance of
proof or the plaintiffs Will be entitled
to your verdict"
!, The jury retired at 10.40 and is still
out.
The case OF John b. Taylor VS. the
Trustees Of the Poor was then taken
. up. but IL did not remain on the boards
\ very long. Howell s. England repre-
sented Taylor, while the trustees were
| represented by E. r. Cochran, Jr.
A jury was drawn, but the panel was
, exhausted and the sheriff was compel-
I, ed to go outside for talesmen. Deputy
/, Coroner Chandler. Trustee OF the Poor
4, | Lewis Dickey and ex-1rustee Michael
- Newell were called but excused from
| serving by reason Of their relations to
= the body defendant. John p. D0nahoe,
!. | Charles Anderson and Isaac Pyle went
~ in as jurors, and Fireman John f.
n Campbell, who has been singularly for
|. tunate in the matter Of witness fees
this term, was also put in as juror and
served with fidelity and dispatch.
The plaintiff, a baker, claimed 81 900
IA, for losses alleged to have been sustain
~ ed by reason of the boards refusal to
~ accept his bread, according to contract,
a their excuse for so doing being that 1t
~ was not OF good quality
y Taylor took the stand and Mr.. Eng
land endeavored to prove the nature of
,e the contract. Mr. Cochran objected, de-
a. claring that Il was a written contract.
Nv and spoke for itself. The court sus-
Iv tanned the objection, and Mr. England
n made a demand on the defendants for
~ the contract. Mr. Cochran said he did
not know that It wasin their possession,
and the court ruled that he must bt
given time to find out
10 Mr.. England wanted to draw a juror
\, and continue the case. Mr. Cochran
- demanded that the court instruct The
jury to return a verdict for the de
PENDANTS on the ground Of failure to do
prove contract. This Il refused to do
-, and Mr. England accepted nOn-sui
!, as the only way out Of his dilemma. II,
-. will now be compelled to begin his sui
az, over again, and the costs thus far viii
III be borne by the plaintiff.
Richard Tierney, doing time for de
nj sertion and non-support, was dis
I'm charged on his own recognizance. n
having promised to live with and sup
port his wife,
The case of Hewes vs.. the Diamonl
Match Company was discontinued. an,
ed this afternoon application will be mad
for discontinuance Of the case Of ST
mon Watchstein VS.. r. Blumenthal I
las Co.
on AT 2.30 O'Clock this afternoon th
oi trial and argument lists will be take
nu up and gone over