Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-02-18


Cor argument and court adjourned until
Q 80 o'cloup.
At the afternoon session argument was
heard In the eppeal case OF the Diamond
State Irnn Co., d. b. a., va. Draper v.
Bell, p. b. r. The argument occupied
about quarters OF an hour and
the Jury was out aoarly all the aftor-
noon before verdict was returned in
favor OF MIR. He'll for the amount OF his
claim, $40. 81.
During the afternoon Walter j.
Wijles was admitted to practice, on
motion OF l.. @. Vaudegrift.
At Tuesday mornings session OF
court l.. %. Vandegrift gave notice that
he would apply for new trial in the
appeal case Of the Diamond State Iron
%. We. Draper V. Boil. The reasons
sot forth are that the verdict was con-
trary to the law and evidence.
Deputy Attorney General Z. u,
Cooper appeared in behalf Of John D.
Kay, who was recently held in $500
hail for failing to support his wife and
child. Mr.. Cooper stated that Kay was
unable to secure bond. but was willing
to live with his wife and support her.
Mr. Cooper moved that the order of the
which was done.
The suit of Capt. Frank l.. Torrey
ia recover 5000 as back pay from j.
Edward Addicks, for services rendered
az captain of the steam yacht Now
Then, was taken up. The claim is for
work, labor and services from Novem-
Dor LIST, 1884. until May lst, 1885.
Capt. Torrey was represented by
1
and Walter II. Hayee appeared for Mr..
Aidioks. The latter was in SQUIRT
accompanied by several friends.
The first witnoss called was Capt
Torrey. He had been in the employ
Of MIR. Addicks since 1889 at ealary
Of Sl25 per month. To tho sprin9 OF
1889 Mr.. Addicke decided to cut dnwn
expenses and 80 informed Capt. Torrey.
The latter sugg oatpd that his pay he
reduced S25 mouth aud that tue yacht
be run with only one deck hand. Dur
| ing tho winter of lSD3-94 the yacht was
laid up at Toitenyills, Station Island,
/ and Mrs. Addioka had informd the
captain that IL would not be uscd
much, but later Mr.. Addlcks Informed
him that ho wuuld probably be eiectat
| United States Senator from Delaware
]
here. This was done aud after the sun
MGR season was hid IN for tha winter
During the, summer Yorroy receivCt
! 800 per month. but from the first o
| November, 1891, he had received n,
nay until tho and of His contract
| After the Yacht was laid up he receivet
chock from Mr.. Adiiukd for 500 Il
buy new gig, but as tho Gig was nu
. | ~
il for hia own purrosaR. He rocoirc'
orders from both Mr., ami Mrs, All
dicks. but Mr.. Aadicks always paid mir
for hin services, until in November q
1891.
Tho plaintiff rested and MIR. Iiayc
maze Il motion for non suit on IT.
ground that Capt. Tor,sy had violated
United States statute in hiring as
master OF n vessel and was, therefore
not entitled to recover.
The court held that tho statut
quoted did pnt apply TO all steai
yachts and overruled tho nation.
MIR. Hayes then rested anu submitte
Il prayer requesting tho court TO II
struct the Jury to bring in Il verdict fl
tho defendant on the ground that aa h
wGs not a licensed captain ho could ut
render services as Euch.
Mr.. Ponder objected generally 10 tn!
motion and court was adjourned I
rive tho judges an opportunity TO q
At tho law bearing on tho case.
James w. Ponder, counsel for Cap
Frank Torroy Of the steam yacht No
then In his suit tn recover 5000 bRC
wages allogad to he duo from j. Edwar
Addcls, ut Tuesday afternoon
Z -n,1Inr 81 r,,n. 81, rnurt apkaJ lanya
withdraw the cAse. Ills object
doing so was to be allowed TO emit
another suit on tho same grounds II
nnother months pay and tho captain
: hoard while not aboard the yacA
toms ho overlooked whom action vi
first brought. lie Withdrew the ca
and Immediately a,terward entert
another action against Mn Addicks.
4 The special j,gy list was g0ns over
= Yesterdays session Of court, ~
nig damage case of Charles II. Stewa
: Va. tho T., W. L. L. Railroad Co.,
a.. which Ernatrs Gray represents Il
: defendant, was fixed for trial on Mar
dth, us the Senator has buisnoss whit
will uetan him in Washington uni
!, that time.
Tho case al Piorcd VS.. the Mayor al
. Council of Wilmington, was fixed {
\ trial for Monday, March lat at whit
= time City t5olicitoE Hartman is expect
10 bo home frcm Florida,
= The case of tho Grange Mills '
. bowers was continued until tho Nj
:, iarm,
:, W. s.. lliilcs reported the case
> lrfeeman's administrators We. tho b.
a +. Railroad Co. settled.
i The case Of Evans VS.. Reynolds "
II also reported settled.
= Deputy Attorney General =.
4 Cooper asked for a capias TO be issu'
for james Powell, returnahle at tho M
= FORM. Powell was returned non ost on
r. uapias issud ut this term OF court.
= Argument on the demurrer in t
= case of Norfolk Lumber Gov Wilt
, Simmons will be heard to- morrow.
- Col. Zen Nields has filed
- reasons for a new trial In the case
/, Stephen Mitchell's 10 ninistrators
4" Abner Downward and argument will
~ heard on Saturday.
4 Il, G. Vandegrift and II. II. Wa
= argued tho motion for new trial
!" the cpse of tho Diamond State Iron {
= d. b. IT,, VS.. Draper V. Bell, p. b..
~ - -...
~ DEATH OF WILLIAM c. EOORD.
il Senior Member of the Foorh Bottlius {
succumbs TO Apopiexy.
10 william G. Fonrd. senior member
10 the Foord Bnttling CO., died yestert
= unrninU nj n ia reailanpa Nh .ntIl n