The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1897-12-07
LEVY VS.. .GIILlS.
The Superior Court Case Attracting rfich
Interest.

The case Of John Levy VS. Paul ellis
was resumed In Superior Court yesterday
afternoon. Ex.Sheriff Pierce Gould was
called to testify as to what the services Of
Mr.. Levy was worth, and he remarked
that they were very good. He was asked
was he worth 50 per day and he said worth
more that lie paid as high as SIS day for
man not near SO good.
George Reed was called and asked as to
the value of some goods taken away from
Levy's farm and testified that 1t was
worth the claim made. James Brown
and Howard Il. Stats were also called.
Paul G,llis WAS the last witness and al
though he never kept any records claimed
that no owed Levy no money.
Tho case was then taken up again this
morning by the recalling of MIR. Gillis who
told of Levy owing him $40 which was
never paid. The ex.sheriff said Levy was
always after him. He was good worker
said Mr.. ellis but, Ipaid him every cent
owed him."
George Reed, upon being recalled, told
OF conversation he had with Mr.. Levy,
IN which the latter said he owed Mr.. Gillls
money but could not pay it then (Nov-
ember, 1880 as he was too poor.
From Levy the witness nfterward learn
ed that Mr.. ellis had allowed him until
February OF the following year, to pay the
amount at the following February term,
Levy again told the witness that he could
not pay Mr. ellis and he feared that Mr..
Glilis would keep the wages earned by
him, Levy, for service as warden Of the
Court House. Levy then remarked that
he intended presenting his bill to tho Levy
Court.
Howard Reed, James p, Ratledge, John
y. Campbell, Elias Cole each swore that
Levy had told them in February that he
owed Mr.. ellis. Albert H. Goodnow stated
that Levy had told him he did not expect
to get anything out of Mr.. ellis election.
James Stafford swore that Mr. Levy had
told him in February 1896, that he owed
Mr. ellis $s9.S7. Frank g. Stidhnm swors
that Mr. Levy was at his place of business
frequently during Mr.. ellis candidacy,
which was to prove that the plaintiff had
NOT given SO much Of his time to Mr.,
ellis cause.
This was all tho testimony the defense
offered, whercupon Mr.. Cooper recalled
hr. Levy In rebuttal. He denied saying
to Messrs. Reed, Ratledge, Campbell, Cole
ard Stafford that no owed Mr.. Gillis This
closed the plaintiffs case. Mr.. Church.
man was willing to submit the case but
Mr.. Cooper was not, and the court allowed
an hour for argument and prayers.
The court charged t Q jury that unless
Mr. Lovy had expressly agreed with Mr..
ellis to work for him, he could not re-
cover. that Mr., Levy could not recover for
gratuitous service and that the decision
must ouly be upon the preponderance of
evidence.
Tho jury was out at o'clock.
Another jury was drawn to try the case
of John SPAIN d. b. n, VS.. Anton Will
liams p b;,r. William g Kuentz for
SPAIN and Mr.. Cooper for Williams. The
case is an appeal from Magistrate Sasse's
office and involves $50. 1t will be tried
this afternoon.
Willard Salisbury. representing the de.
fendant in tho suit Of Amer Taliey vs.. the
Wilmington City Railway Company ask.
ed for continuance of the case until the
February term because Of tho absence Of
Edward l.. Wilson, Il material witness
In an affidavit Mr.. Salisbury said he
would prove by the witness, who Is in
Philadelphia. that the plaintiff had re-
marked that he was not seriously injured
but his lawyer had made good case and
will get big damages. Horace G Know es,
such Il long continuance because Of the
case already being in court three terms.
The court thought however, that the af.
fidavit Of Mr. salisbury warranted a
con tinuance and the case went over until
February when it will be tried unde per.
omptory rule.
MIR. salisbury reported disturbances
In the cases Of The Union National Bank
vs. William c. Tindall, garnishee; same
vs., same; The Union National Bank VS..
Chnrles II. Ilndall; same VS.. same; The
Union National Bank VS.. S. s. Adams,
sarnishee; same VS. same
Phlllip j.. ChurChman reported settle.
nent In the case of Linton Smith vs.. the
republican party for rent of a building at
seventh and Market streets. sssAt