Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-12-09

first witness, and he was on the stand
Tuesday mOining. Mr.. ellis testified
he never kept any account of amounts
but declared that he diu not owe Levy
any money. lie said Levy owed him
$40, which was never paid. 9 lie was
goud WORKER said the ex-Rheriif,
but l paid him every cent | owed
him."
George Reed fold of a conversation
with Levy in November, 1895, when
Levy said he owed Gillis money but
could not pay it them as he was too
poor. Witness afterwards learned that
Levy was given until the following
February term TO pay IN, but ut tnat
timo Levy again said he could
not pay and feared Mr.. Gillia
would .een the wages earned by him
tpr service as warden at the Court
House.
Howard Reed, James p. Ratledge,
John II. Campbell, Elias Cols and
James Stafford testified tU conversa-
tionu with Levy which were introduced
to show admissions by Levy that he
owned Gilis money. Albert II. Good
now said that Levy told him after
Gillis' success. he did not expect TO
get anything out Of it. Frank G. Std
ham testified that Levy spent good
deal Of time about his auction rooms
in tho campaign. The defence resteh
and the plaintiff again took the stand.
Levy denied absolutely every statement
as to the conversations to which several
witnesses had testified. The plaintiff
then restad.
After submitting his prayers to the
court, Peter l.. Cooper. Jr.. for Levy.
onened TO the jury. Both sides we're
limited to half hour each. In speak
ing of the recollections of plaintiff and
defendant, Mr.. Cooper said: "The man
who loans money don't forget it; the
man who borrows money does. " lie
mitted owing si25 to Levy. He held
moreover that Levy had established his
claim that Gillis owed him amounts
WHICH with interest aggregate 81, ,050,
| FROM which there were otfsetH of
S2lSlS, leaving balance OF SS49. So.
Philip @. Churchman, for the ex-
sheriff, asked for n verdict for Mr..
Gilla Mr.. Cooper clussd to the jury,
and the charge was delivered by Chief
Justice Lore. The Jury retired at II. 40
o'clock.
lu the course OF his charge to the
! jury the Chief Justice said that volun-
tary acts for another do not create a
| legal liability. II was for the jury to
say whether there had heen an agree
ment and what amount, IL any, Levy
was entitled to recover.
Continuance was granted until the
February term upon the ground OF the
absence OF Edward l.. Wilson, a material
witness, in the cass of Amor Talley vs.
the Wilmington City Railway Co.
Willard Salisbury, attorney for the
railway company, presented an affidavit
alleging that he would prove by the
witness, who is in Philadelphia, that
the plaintiff had remarked thathe was
not seriously injured. but his lawyer
| hai made a good case and would get
big damages. Horace G. Knowles, VINO
represented the plaintiff, opposed con
| tinuance. because the case had already
been in court three terms. The case
went over on a peremptory ruls for trial.
Mr.. Salisbury reported discontinu-
anco in the cases the Union National
Bank Vs. William @. Tindall, garnishee
same VS.. same: the Union National
Bank VS.. Charles II. Tindall; same VS..
same; the Union National Bank W..
S. S. Adams, garnishee. and same vs..
| aame.
In the Gaze of Linton Smith VS.. the
Republican party for the rent of the
second floor ut the northwest corner oi
Seventh and Market streets, Philip @.
Churchman reported that settlement
had heen nearly made.
Adjournment was made until $50.
Further court proceedings on iifth pagel