Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-06-02

culufGn, vino was convicted ~ nrebhluB
and entering tho house Us Marin hunt,
with the intention Of committing
feonious assault, will probably be
sentenced and his counsel, j. !. Nields'
will appeal tho case TO the Supreme
Court.
Albert Trusty, colorod, indicted for
numbering Fannie Kelley, colored, IN
whose case thu jury disagreed, was
taken back TO Nav Castle iRl yesterday
afternoon. Attorney. General White
will ask for d new trial.
In the Court OF General Sessions,
Tuesday. the attorney general entered
n nolo prUHegui in tho case Of the State
W. William II. liHmer. indicted for
obtaining money under false pretences.
The court set next Saturday morning,
at 10 o'clock, for hearing the contested
liquor license cases.
SUPERIOR COURT.
In the Superior Court, ON Thursday,
in TIM caso OF the Conrad Go. ys.
William jerks Fell, William s.
Prickctt, representing the defendant,
had extended his time for filing eN-
ceptious to marsh tax sale
On motion of Walter j. Willis, repre-
ordered thu plaintiff in the case. tho
Huher Manufacturing Co. to enter
security for costs hy June 10th.
On motion OF William 4. Smithers
of Dover, representing Rosalio y.
Alldicls and by consent Of II. II.
Ward, representing John Edward Ad.
dicks, the court appointed Alexander
b. Cooper commissioner to take do
positions in divorce.
In the case of Ella SaxtUD vs. the
Pyle Cycling Co., judgment was con.
tossed in favor OF the cycling company
for costs.
In tbs Superior Cnurt, on Saturday,
Il. +. Wales, Jr., and Benjamin Nields
argued demurrer filed by the de-
PENDANT in ths case of Robert Doran.
at al, vs.. William q. PenuypRcker,
executor. The defendant denurred to
ths first three counts in tho amended
declaration on the ground of their in
suflciency, several blanks not being
filled in. and asked for Judgment Mr..
Wales argued that the omission did NOT
impair the Huliic:ency Of the declara
ton, ana requested permission to
amend the mars to the extent OF IN
sorting the date. Mr.. Nelis consented.
In tho case Of Abraham Dougherty
We. Jacob Tush, certiorari from a
| justics OF the peace Of penGader hun
bred, T. Bayard Heisel secured reversal
of judgment below, on tho ground that
the record ut tue magistrate failed to
show his jurisdiction in 80 much aB he
neglected TO set forth the residence of
the defendant.
The case of John W. Mitchell va.
| William II. Taylor was continued Until
the next term.
In the case of tho Huber Manu-
featuring Co. rs. John Il. Nelson.
ct al, the defendants were granted
permission to amend their pleading.
! The case OF the A. S. Reed IL Brothers
Co. vs., William NJ. Field, ct al, waf
reported settled.
In the case of Benjamin Downey va.
james II. Porter, constable, judgmen;
for costa for the defendant was given
Tho Superior Court adjourned unit
/ Monday morning.
In the Superior Court, on Monday,
the plaintiff in the case of James +.
Snvin w. Julia Brewer obtained per,
Mission to file an additional plea.
The appeal case Of Thomas +. Shea,
d. b. a., va. Agnes Kerr, n. b. r., wat
continued until the next term. as wat
also the case Of Thomas Y. England W..
the Mayor and Council OF the City oil
Wilmington.
In the case OF the Peoples Furnish
ing Co, rs. Harry Fairbanks, Judgment
for go was given in favor OF Fairbanks
Next, jury was drawn to try the
appeal case OF Richard II. Lodge, u. b.
a., vs.. A. l.. Ainscow & Co., d. h. r.
Lilburne Chandler represented Mr..
Lodge, aud j. Frank Ball and William
Michael Byrne were counsel for Mr..
Ainsuow. Tins court below gave Mr..
Lodge u verdict for slG6, with interest
from December 22d, 1895. for work pc.
formed, which judgment Mr.. Ainscov
claimod was unwarranted. The cast
occupied the attention OF the court th,
remainder of the morning.
At O'Clock the court touk recess
until 230.
In Superior Court, Tuesday morning
Judge Spruanca charged the Jury in tn,
appeal case Of Richard ii. Lodge, .. b
a., Va. A. L.. Ainscow e. Co., d. b. r
Tho jury retired at 10. 40 o'clock.
The settlement OF the case OF Edward
Goodwin ys. the Wilmington & Northern
Railroad Co., which had been pending
since the November term, 1897, wa
ANNOUNCED.
The trespass caao OF Thomas Y. Eng
land Vs. the Mayor and Council Of Will
mington was continued until the mex
term under peremptory rule.
The case of Alice Mullin and Thoma
Mullin vs., II. Bumenthal L. Co. wa
continued until the next term.
At II. 10 O'Clock the Jury in tn
Lodge Ainscow cBss returned with
verdict for sls0.O7 in favor Of MIR
Lodge.
In the cases of the use Of the New
Publishing Co. va. psiroe Gould, ct al.
Ben iamin Nields asked thar the judg
ments for want of appearance entere
against Georgs W. Vernon. Stephe
Downey ana Daniel +. Stewart, sure
ties for Gould, be stricken from tn
record. He claimed that the suretie
had appeared, but that their appear
anGe had not been noted. aud that iuiu
ment had buen entered undor misap
prehensiOn. After consultation, th
court granted the request, and III
aurettes' appearance was entered AM
their plea filed The court stated thu
this could not be taken as a nrecedept
but that hereafter appearance woulc
have to be entered in regular form.
Next, jury was drawn to try thl
appeal case of William G. I3eck, ct ri,
d. b. a., We. William L. JarrsIl. n. b
=. M. ID. BurriH represented the an
pellant, anu Cooling & Hrockson wer,
counsel for the respondent. Tho sui
was brought TO recover a balance du,
on note dated January lsi, 1894, ant
made payable seven months after date
The note was made by William G
Beck and Il. NJ, Walton in favor n