Delaware gazette and state journal., 1897-06-10
Enn rnr rIaiNrlFE.
The Jury IA the Courtney case Awards
$3.50 Dainnucs.

Tbe Hpeclal Jury Eolecteti 70 WY ne cd5o
of Oliver II. Courtneyis Administrations
ys. the Mayor and Council OF Wilning-
tun Thursday returned a verdict IN
favor of the plaintiff.
When the Jury had been polled and
Foreman II. Lewis Armstrong 10 reply
10 thu question OF Protbonotary Victor
b. Woolley announced the verdict in
favor OF the plaintiif for $3.50. a smile
came over the face Of nearly every
meniber OF the bar present.
The verdict caused the greatest eur
prise on NIL sidea and It was tho almost
universal opinion of lawyers who were
questioned that the verdict would be
set aside and a new trial ordered.
City Solicitor Harman immediately
gave notice that be would apply for
new trial. .
In court on Friday morning Chief
Justice Lore handed down the decision
nf the court which refuses new trial
in the case oil George Swaiu,vs. Mary
Pierce, et al. The case involved the
possession OF Is pigs which had been
seized by the shoriB. Swain was repre-
sented by w. NJ. Byrne and Il. Bayard
Heisel appeared on the other side. The
verdict OF The jury was in favor of
oWdin Huu ytbperuhy Hf. lloihoi Hp-
psared and argued for new trial of
the case. In the case OF Mary W.
Jester v. Margaret Ntzhugh,, W. S.
awarded judgment, amount to be aseer-
tained by the prothorotary. notwitn-
standing an affidavit uf defence filed by
William Michael Byrne.
In court on Monday pmorning City
SaItnitnr Etal IA f,r
a new trial 10 the case OF Oliver Court
ney's administrator VS.. the Mayor and
| Council OF Wilmington. The reasons
set forth by Mr. Harman are that the
| yertct of the jury was against tho
evidence, against the law and against
| the charge Of the court
At 1Ld5 o'clock yesterday morning
Court, Crier Thomas B. Smith, acting
untler instructions of Chief Justice
Lore, adiournad the superior court and
court Of general sessions Of the peace
and Jail delivery without date.
TIM clnsing scenes of tine old court
were ths most impressive that bare
been seen in tho history of the court
and the occasion was a most touching
| ono.
| When court opened the decree of the
nissinners to receive testimony in
ths divorce cases of Pierre +. GauIiu
Va. Christiana Garlin anu George Il.
HilI!Rrd VS. Jennis Ilillyard was handed
down. The applications in both cases
arc granted.
Next argument by City Solicitor
Hartman and William s. Hilles for and
against a now trial in the case of Oliver
Courtney's administrators vs.. the
Mayor and Council of Wilmington was
beard. Tho judges after hearing argu.
ment retired to their parlors for consul
tation. They returned In few minutes
and Chief Juatice Lore announced that
a majority of the court thought a new
trial should not be granted.
All the regular business OF tie court
having beon cleared up, Samuel A..
Macallister Of the committee appointed
on the part of superior court TO drafi
resolutions on the death of Judge Il.
h. Wales arose and read tho resolutions
which had been adopted. He then in
touching remarks moved that tine reso
lutions be spread ON the records OF tn,
court. The motion was seconded by
John Biggs and Henry &. Conrad, who
made brief addresses eulogiBtic oil
Judge Wales. Chief Justice Lore and
Judge Cullen also smoke feelingly o
the high regard in which Judge Walei
was held by every member OF the bal
who was thrown in contact with him
Of bis high Christian character and hil
kindly treatment of members Of the
profession who had occasion to appear
before him.
Chief Justice Lore then called the
attention of the many lawyers present
to the fact that at midnight the ole
Constitution of the State was to gc
out of existence and with it the present
court reaches its end He thanked the
members OF the bar for their kind
treatment of himseIf anu bis associates
on the bench and said he would re
member tho four years OF his term on
the bench with pleasure for all time.
4 Judges Cullen and Marvel made re
marhs of aimilar nature. Judge Cul
leu in his remarks took occasion to re-
fer 10 the passing OF the old members
of the bar. Tho State will lose nothing
in character when the older members
die away, as the younger membars oi
the bar in this State rank in character
and Intelligence as high as those Of any
State in the Union.
RespoD9es were made on behalf OF the
bar by Nossrs. A. Il. Cooper, Walter VI.
Hayes amt Medford CHboon aud after
court bad been adjourned many mem,
bers of the bar came forward and per,
sonally thanked the Chief Justice and
his associates for the courtesies thai
have been extended to them by the
| ,rf