Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-06-09
sUPERIOR CO0RE



Vs. the Wilmington City Railway Co.
was resumed in the Superior Court yea
terday afternoon week.
Much testimony was given as to the
value OF the horse, wagon and harness.
and as to the speed of the car.
Tho defence rested at 3. 30 o'Glook.
William Dietz, who was called in re-
butta, testified that he saw William
Maloy with three men the previous day, |
and declared TINT Malloy told them that,
il they would testify, he would give them
car tickets, ami they would receive So
per day. Dietz said the tickets wero
| blue
Walter Brown was recalled, and testi
| fed that Anderson, Compton and Cork
we're not present when the accident oc
| Cured.
Harvey h. vaudegrift was called in
surrebuttal, aud testified that the rail
way company had not issued blue
tickets, and the company bad not
authorized anybody TO oifer A anderson,
Compton anu Cork anything for testify
ing.
During the ensuing hour, the counsel
presented their prayers.
At . O'Clock tina court adjourned
until morning.
Soon after the reaseemDling nf court,
THURSDAY, counsel cited authorities,
consuming more than an hour. The
caas VS. Huabmitted to the jury without
argument. Chief Justice lorc charged
the jury, consuming 10 minutes. The
defence asked the court to instruct the
jury that a person. before crossing a
street railway truck, must stop, look
and listen, but the court told the jury
that rerHon, before crossing such
track, must only exercise prudence.
Mr. salisbury noted an exception TO
thu charge. 10 that he could carry the
casa 10 the Supreme Court, il ne de-
aires TO Ito 30. Tho jury retired at ii. %
O'clock
Tho settlement of the case of Edward
Goodwin VIZ. tho Wilmington Il Northern
Railroad Co. was announced, as was
! also the settlement of the case of the
National Cash Register 90. W. Patrick
j.. Long.
At Il. 30 o'clock tho jury in the case
OF Lewis Brown vs. the Wilmington
: City Railway Co. returned with yer
: dict for the defendant.
In the Superior Court, Thursday
Q afternoon, judgment for the plaintiff,
for want of appearance, was given in
. tho cases Of the Standard Sewing Ma
! chine Co. va, Lizzie Wright and Will
0 liam pierson.
:, On the application of Levi G. Bird
= counsel for the defendants the case OF
y Eliza Harris vs.. the receivers of tho
Baltimore u Ohio Railroad Co. was re-
D moved tn the United States Circuit
/. Court The removal was obtained 10
= consequence Of the diversity of the citi-
. zenship Of the parties to the suit, the
8 plaintiff being a Delawarean and the
I defendants residing in other States.
I In tue caae Of Walter johnson, d. b.
a, va. Griffin Rash, p. b. r., judgment
! for COSTS for the defendant below was
= given.
. In the Superior Court. Friday
>. afternoon, in the case of Susan Murphy
u VS.. Joseph T.. Nichols and Charles Green,
= ths cnunsel Tor the plaintiff, Thomas
y Davis, fled special replioations, alleging
= new matter. Tho court held that this
!, was ground for continuance, and put
: the costs of the term upon the plain tiff
Lilburne Chandler, counsel for the Dc
y PENDANTS, will file a demurrer to thu
- special replications.
70 The court consumed 45 minutes Sntur
=. Fl day morning in going over the nrgumen
- list, and most of the cases thereon wor
J. continued until next Saturday
~ 81 The settlement OF the ceEtioraIi cas-
- of John ". onitcher, d. b., vs. 1ohl
!" l.. Greenwat. p. b.. was announced, a
* was also the settlement of the manda
" mus case Of the State Of Delaware
% OK. re. Lilburne Chandler, VS.. th
" Street and Sewer Department.
"a William +. Smalley was appointe
nm commissioners TO take testimony in th
an divorce case Of LUper vs. Lopez.
Il. In Superior Court Monday morninl
I'D. F.. ln.H k.t. 9
an s75 was given in the case of Thoma
~ +. Cassidy, d. b. a., We. John j. Gro
gan. p. b. r.
~ Noxt, jury was drawn TO try th
liz case of the Pom Steel Casting anil Ma
M chine Go. vs. the Wilmington Male
as able Iron Co. BY request of Williar
,h S. Hilles, counsel for the plaintiff, tn
~ court took recess for an hour, penL
,oI ing the arrival of non resident witnesses
hn This Massrs Nieds represented the do
bs PENDANT.
in Mr. lillos, in outlining the cast
Dol said the Penn Steel Casting an
In Machine Co, Chester corporation
IN. received from the Wilmington Malleab
raj Iron Co. an order for ). 900 knuckles Q
a per pattern TO he furnished by th
nd latter, the knuckles to be used in CT
Scr couplings. llo explained that the dt
fence claimed that, owing to impe
In fections, they we're unable to use then
;he and informed the jurors that they wei
IN. to decidn whether the goods delivere
ian were at proper quality. Goods wei
rst furnished from time TO time, he col
es. tinued, and paid for Finally, NJ
me Hilles asserted, tho Defendants took
uh, much metal out of the patterns Thu
ian there was little metal left therein. II
the declared that the latter causad the in
ch, Projections One hundred and eight,
in. six knucKles at 334 cents per pounl
the or total cost Of S34s. 20 are involve
in in the suit.
his Mortimer II. Buckley, president
in the Penn Steel Casting and Machii
and Co., identified certain correspondent
18th which had passed between the tv
ool companies, and it was offered In ev
ard dence, as was also sample knuckle.
J OF In Superior Court Tuesday morniI
ion suhpnnas were issued for witness
aud in the case of Mary Ella Smyth vs. Il
was Wilmington City Railway Co. : whit
will he tried on June 18th.
airy The Case of Robert S. Armstrong '
ov. the road comm issioners of New Cast
and hundred was continued until the US
ice, term, because Une of tie commissions
two has the measles.
the The case of James f.. Savin va. Jul
laac Brewer was continued until the no
term, owing to tue illness of the plui
tiff.
o The two cvses of the Huber Manufa
~ turing Co. vs.John B. Nelson we're CO