The sun., 1898-03-17
Motion for a NOn-Suit in the
CrpSswell Case Granted.
CASE MAY FORM A PRECEDENT
Lawyer Higgins Demanded il Verdict
and the Court Ordered Jury to
Find One for the Plain.

kal ROAD company.
The Chief Justice prei;lced he decision
by paving the following compliment to
the attorneys in the suit rs follows;
Argument on the motion tor non
suit in the case OF CIr>wrl v. the Will
mington and Northern Railroad Com
panv consumed all or yesterday in the
Superior Court.
"The motion for i iun-sull has been
argued with signal ability on both sides.
The fact. have been discussed clearly
and forcibly. and the law presented
with precision and lncidity that are
,enlarkablc-we might say, exhaustive.
In considering the case the court do
not see that there is any new question OF
law raised; nothing that has not been
substantially passed upon by the courts
"f this state, or that has not been set.
tied by well adjndicated cases; and there.
fore, practically set at rest, So that the
case strikes ls as being narrowed down
to the simple question OF whether the
case rs presented by the. plaintiff is such
AS would warrant this court in submit
ting it to the jury
"'rhe absence Of any contested qIes-
ton Of law relieves the court, We think,
OF any necessity for Il detailed statement
ot the grounds or reasons Tor the con-
clusion We have reached.
Looking at tht case :.s presented by
the plaintiff, taking any reasonable con-
clusion, in the Judgment oi the coart
that may be drawn from the testimony
we think it comes within what has been
clearly expressed by the court in Wheat
ley Us. p, W. 4 Il. Railroad rs follows:
st is with great reluctance that
courts take eases away from the jury,
but where the evidence on the part ot
the plaintiff il such that il verdict
Was found ipr the plaintiff the cour,
would be nstrained to set it aside, it is
not only reasonable, but it is the duty OF
the count to stop the case at that point.
such, in our Judgment, is the case
that has been presented before MS. and
we therefore direct the entry of non
suit"
At the conclusion ol the reading oi
the decision, Mr. Higgs, for the plaintiff.
announced that hc would refuse to az
cept non-suit and dcna',led Il verdict
from the jury.
The chief justice thelrup"n ordered
the jury to return Il verdict for the de.
fendant, and when tina, was done Mr..
Higgins asked that III exception be
not.d, which request WAS complied with.
This ends for the time being one Of
the most hut,y contested cases which
has been brought LeiTe the superior
Court during the present. term, and one
that has attracted great attention from
the best legal talent al the State ui Della.
ware
Il the decision OF the court in tli,
ease sands it wit, serve ~ y guide ior
snits vi Il similar character. which may
M brought in the col,rts,oi delaware
f"r years to- c"Ine:
1t is understood llau ttc plaintiff
attorney will either appeal the case or
ask for new trial before the present
tern. II court is bu,lght to III end. 1t
10 Thought that in case new trial i.
asked for, it wilt be refused, which will
nece.sitsae its being brought before
higher tribunal
New Castle.
Alice Harris, the young woman who
engaged in u lively set to- il the p,rt
office on Monday evening sst. applied
Mayor Boyd iur Il warrant. i,r the arrest
of her opponent Ia the affair. Annie
Williams. "n the c!,aryss- uf assault The
Mayor on inyestiestion decided there
was not sufficient sDands t'r the issuing
81 Il writ aud tie request MAS dentist.
I nIc>. Postmaster Hunter takes up the
ease it will II. droI.t.-t
Milton Wilson oi this ctv. ha. Oh
tained as q carpenter with ttn. Delaware
Construction Company, Of Wilmington.
The Wilulingta, 4 Northern Railroad
CoInpany's steamer Uri,-,, which plies
between Wilmington and rcnn>g,,y-.
\. j., passed New Castle YESTERDAY 1T
i.lOp. H., leund im Fort Delaware.
reaching there ab'u > =, III. Size had
on board BATTERY J., /. ;. a., from Bal
llmorr. The tug Laura y. nf the sam.
company. w:ss Immediately III the rear
If the steamer, towing barge loaded
with twop., v. 4 i. Railroad baggage
cars c"ntalnln" lf baggage and equip
f"ntS ol tIr battr!Y. Battery l.. even
sldlii part ni The garrison oi the fort
thus making one ii ihr ,trrl!yr>, rorri.
son f"rtir>st> ga t.,r coast The l'irira
returned about :; =. n,. and the Laura |.
with the empty ears at /. 30
The Merit Wrrking Company's large
tug Right Arm, passed up the river yes
terlay afternoon at l.4l. The Right
Arm was on her way to phlalrphia
from Havana where iur ,uuItin.
past ,h" has been engaged working
ON til" wrecked cruiser Maine
Her decks contained evidences "i the
character "l IT," work she VA. rn,.
p"yed il rhr shape Of d"r'itA-. pumps,
l'"pr,, rt". =" vii Jw m Irugrr
island.
THE nrW NHr} boat ',.lyr Hancock
HIil' by the iM."N 1l IoI.. Company ul
'NiImlugt"N lur service h"tWrrh Sew
York Cuv ami ',Norupr- l-mn|, Va~
given her trjU ttp VA the ErtaWmr
Yesterday aIu prHrr,' icU = tW. Il. For,
inDaNHrr, ~'c ..fIitc q ,Hr-r boat and
@pp 2u0I f. ur. "".E.W- .-nr,ulN.
Thr &-.r au,. -Ir,iy and buoy boat
/j1anja, Na, r'4ay,G IN delivering
supplies t. III" aDprr and tower light
Mouse, bo,on th.-rdy Yesterday
\ bright fire ir,lu which poured large
Volumes Of smoke, burning down the
'Ecr Tuesday evening. caused some rX-
'itcnlcnt here yesterday morning. tn,
outline Of Il three n,astcd schooner were
apparently ilrowing water on her. Many
I Flpught the vessel on fire, but investi- .
Iatlun proved it to be IL burning marsh |