Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-02-11
carsar n.sctf.., easn,.
win Probably be Issrd - az Earlier Bz
Than I1a< Rseu set.

win Probably be- Isard IS az EzriIer Rate
lhaH has I,sen SET
When the circumstances connected
With the att NH 10 seeuTa q nosipope-
meat of the siertien cases until nsyt
term became kDawn Tuesday. pretty
general imRFessioa EIow OF that thu
cart had been inIPossd upon. Ii MAJ
also he SaEelr said thai tae court itsslf
shared 10 this Impression. Josiah Mar
Fsl, attorney for zoms OF the defend
ants stated that a material witness.
Milton IL, Hawkins, vas Rbsent ard
could rot be had st IBIS term. and 10
sFeet3r Ea;ley made affidavit to thst
eject. Largely on the strength OF the
affidavit, The U3urt gFan.el continu-
gnee until February 2,d, The iHdiEna
liun OF Chief Justice Losa and Judge
Cullen may bs more easily imagined
than described, when. . few minutes
after eouft adiour1sl. they were in
iarmed that HaEkiIs was 10 taSn and
had heen suhpRDssd.
After sereral minnr matters had
heen disposed Of 10 sppsTiaT court yes
isrlsy morning Josiah Marvel sross
and addressing the court said:
10 TieE Of csttain statements made
in rnnneetinn with the election casss TO
your hOnBfs Yesterday | deem it proner
that | should make an explanation of
ihe matter 10 your hopoTs-
Wien tie court Informed me on
Monday that the cases woulu be called
for tFia. en- Tuesday, | went TO the
Office OF the CLARK Ut the peace and
secured sunpeeas tor M witnesses.
tod the sneIif that if ne would send a
man TO ny Office on Monday night
would lave this suhpssnzs ready. For
zone reason tp4 deputy lid not como
~ MY Office on Monday sight and on
Tuesday imagining | trnusht them 10
tHr sbcriiI's niiiee, ;l.ilEing he would
Ire ab.e to serve tism quicker. At 10
d'cloek ! came into couTt and met
Deputy Shsriff Ratiehge. who informed
me fn.t he had nnt yet bean able TO
ind Mr. Hawkins With this infurma.
iioa 10 harl | game into court. and
iUinAd issue with i. %. Cooper 10
asaing for eOngiu uance then in.
formed the court ins5 Mr.. Hawkins
had b=en reported ron est. james L.
Farley. aae II the indicted msn. then
cama forward prepaFed to nake the
affidavit which vas rr,sapiad 10 your
hGnars. / only prepared tine formal
Earisy IL hs was sire OF toe facts
therein contained, and that Mr. Has =
I Ring wac absent. In the meantime tina
SnerilT had Informed ne that the wit.
MSS was mt reported non est. nus had
not yet been ioun,i, had iDtsnl'ed tn
make this explanation a. tue tinIe. hut
vas Informed that tue uctiou of tbs
cauit would he ON the aIfiGATit batnTa
lnn fs-tt
by myself. Acting 10 the greatest
gnul faith failed 70 make the ezplana.
ton.
IL the caurse of ny business ire
Gusntly bee Mr.. Hawkins upo8 tie
si'eatR, aud knowing ths; be is az 10.
| Eurancu canvasser, ard that his bust.
ness freqEaailg calls him out Of tie
city. ! thought it sntireiy pFubaLle
taat he vas not in the city yesterday.
! did nat know ne was in the city
nntij J b o'clock, when he cana to ms
Office.
Cniei Justice Lore said: "Tha
trouble is that you did not inform tie
court OF the fac! thar the gitnets had
no. bec1 returned Us non est yesterday.
| Ii Is our object TO bring these cases to
trial as speedily as possible and it ss:
| only on tho representations made yesteT.
| day that The cases we're continued. WI
bad intended TO take the cases up CT
Fricag and we may yet reconsider oui
action.
Mr. Maryol-"i assure vuur hnnort
that ! vas acting IN entire good iaitl
and had not intended 10 misleHd tht
court. also believe that Mr. Ealrey
was acting in good faith when be madG
the Affidavit"
Chief Justice Lore" is very IN.
fortunate occurrence and imposes OF
the court the necessity Of Thoroughly
Investigating representations made b.
| members Of the bar. :"
Tilghman Johnston" hardly think
| i fair that the entire bar should suffer
| for one man.
Judge Cullen trehemen.lyJ -"Thoy
shall not. "
After some further remarks by the
Cbiet Justice tho natter was ps5seJ
| and tho regular business taken uu.
| The court ordered that taa sscouL
| plea OF the COUNSEL for toe defence il
the case Of the AarinlE Timber Go. rs.
william siwmoa7 DO stricken out, az i
was clearly defective.
On tue application OF W. S. Iiiilei
| LpuhSul lyt luh OuitDHuuN, Tue CaSE ~
! j. b. Moore 4 Co. VS. Paul Gil!is, wa.
| continual until the next term OF court.
1t is possible, however. that tho mattel
will tie settled before that time, al
similar actions are pending 10 Bnssol
and Philadelphia.
i. q. Nanlegrift, representing Reg
istrar Of Wills Crossan asked for at
order TO return issue to the registrar,
Tho matter Involved was the viii OF ID.
7. omyth which had been ssnt to cour
ior trial BY Jury to test aathen ITCHY. Il
Is probable that the will can row hC
GmiraGly Eetteld.
Chief Justice Lore announced thai
all civil cases would go hack one dal
owing TO the rsc9sa of CURT to MORROW,
Mr Bird reported that the case Of
Thomas Holt, administrators Of stanle,
Whitaker, deceased, ya. Delaware
Chemical Co. had been settled.
The date for trial of Joseph Free
name administrative vs.. Tho Is. & O.
Il. Il. Co., will 30 fixed later in thr
session.
Hnard OF mauasers chosen.
Tho board Of managers OF the Arti
sans Saving l5aak was chosen Tuesda,