Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-12-01
THE couxrY rnIn uNALs.
Oyer ana Terminer Opsn-d nm Mondry a
Adjourned yyithout Day.

opened Monday morning and adjourned
day. Superior Court and
Sessions Court were opened
and the attorneys and the court cons
sidered the status of cases in the
former.
In the cases Of John Greer Us. Airing
ton Mills Manufacturing Co., suit for
salary, Levi 9. Bird for the defendant,
asked for continuance until the next
term Of court on the ground Of the alb
sence, on account of illness, of William
II. Baldwin, the president Of the COM
pany.
Andrew B. Jones OF Baltimore testi-
fined to his house with a heavy cold
for a week. He is n years old. MIR.
Jones said Mr.. Baldwin knew all about
The case. He may be able to come here
at the February or the May term.
Robert G.. Hartman, for the plaintiff,
asked Mr.. Jones what he knew about
the sick mans condition, not being a
physician. Jones said he had been
asked his opinion and had given it.
The court held, however, that a certifi-
cate of illness from physician would
have to be given.
Upon the application of Andrew G..
Gray, cases in which Senator George
Gray is counsel, were continued, on
account of his absence on public bust
ness. The cases included the following :
Henry Tully's administrator, Hettie
p. Burris, ct al, John Weldon, an
infant; Ebenezer III. Clark, &c.
Mariantonia Grasso, Michael Crostic,
Patrick Dougherty, administrator of
james Hayden, Jennie f. McBride's
administrator, Carrie r. Bradley,
Thomas W. McBride's administrators
and Carrie r. Bradley, all against the
Philadelphia, Wilmington & Baltimore
Railroad Co. Frank H. Thomas ct al. /,
vs.. the Pennsylvania Railroad Co.
A non suit was granted in the case Of
Martin Martulen VS.. the Wilmington
City Electric Co., the plaintiff being
absent; Adair for plaintiff; Vande-
grift for defendant, The case had been
settled outside the attorneys.
The court decided that the case Of
Lewis L. Wilcox, administrator OF
Johanna G. Wilcox VS.. the Wilmington
City Railway Co., was not properly on
the list, deinurrers having been filed
to the plaintiffs narr. Hartman &
Knowles for plaintiff; Salisbury for
defendant.
Judgment for the Diamond State Iron
Co., d. b. a., was given in its case
against Mary Dugan, p. b. r., for want
of narr.
The case of John W. Mitchell, VS..
William f. Taylor was referred to John
H. Rodney.
In the case of Benjamin s. Caulk vs..
William Bright's executor, judgment
was granted plaintiff for $500; Evans
for plaintiff; Hilles for defendant.
The case of Robert Adair VS.. the StaI
Publishing Co. was continued. That
of the Chester Steel Castings Co. VS..
the Wilmington Malleable Iron Co. was
discontinued.
Judgment for the plaintiff, amount
to be ascertained by the prothonotary,
was granted in the case Of the Mercan
tile Printing Go. vs.. Christian #. SEES
terhenn. .a@
The case of Frank A. Mitchell VS..
the Port Kennedy Stag Works was con
tinued on the application Of the de
PENDANT. g
The case of Dennis ]. Mention VS.. this
Baltimore & Philadelphia Railroad Co.
was continued on the defendants mp
plication. Continuance was also granted
in the case of Mary j. Austin vs.
Joseph 4. Cough. n n
The time for filing the return Of Thu
commissioners in the Divorce cases o.
John r. johnson VS.. Mary II. johnson
Margaret I. Bacon vs.. Morris NJ
Bacon, Mabelle L. Caulk VS.. FLETCHER
Caulk and Walter NJ. Mckay VS.. Annie
s. Mckay was extended
Upon the application of III. Fl. Ward
Peter L. Cooper, Jr., was appointed
commissioner to take testimony in thu
divorce case Of Jennie May Bullock vs.
George Augustus Bullock.
Thomas Bayard Heisei made hi
return as commissioner. in the diyorc,
case of David J. Smith VS.. Mary +.
Smith; Pierre Blair Pie, his return il
the case OF Emily j. Mile: VS.. Edward
P. Miller; Frank Speakman, in tina
OF Bessie NJ. Hickman w. Harvey p
Hickman; and Philip Q. Churohman
in that Of Susan v. Wigglesworth VS.
Joseph Wigglesworth. Publication wa
not ordered.
The case of William Condonvs VS.. Mar,
Condor was to have been tried today
and both sides were ready, but in tn,
course OF tho morning settlement wa
reached. The plaintiff agreed to with
draw the exceptions to Mrs. Fennessey'
account and Mrs. Fennessey came Il
an understanding with him. j. K
Nields represented Condor and L. g
Vandegrift the administrative.
The trial of the case of Thomas Il
Shea, d. b. a., VS.. Agnes Kerr, p. b. r.
was also fixed for today, but Jane
w. Ponder had counted on the Condor
case as occupying the whole day ant
did not have bis client, Miss Kerr, tn
actress, present. Ex-Judge Marvel
who represents Shea, the actor manager
did not have his client present ant
had been unable, because of Mr.
Ponder's objection, to secure post
ponement on account of his absence
He, therefore, now had the opportunit,
to retaliate, being entitled to insist Of
the trial. Mr.. Ponder asked that tn
case be taken up tomorrow, but Mr.
Marvel insisted on a trial today or
continuance until the next term. III
secured the latter.
In the case Of Arthur Hagan & Co. vs.
Mrs. Rebecca A. Chapman, Henry @
Conrad applied for rule to show caus
why certain levy and inquisitiol
hereunder should not boquashed. TIL
rule was made returnable next Satur
day.
OF the six cases on tho calendar 70
Tuesday, only two remained for the con
sideration of the Superior Court thi
morning. They were the cases'of tn
Huber Manufacturing Co., d. v a., VS.
John b. Nelson, p. b. r.. and John b
Nelson vs.. the Huber Manufacture,
Co., in which William S. Hilles repre-
sented tho company, and Walter Will
and John Biggs, Nelson. The matte
seemed rather badly mixed up, ant
finally the cases went off the list OIL