Evening journal., 1898-06-13
COURTS JURISDICTION
Question Raised in Railway
Condemnation Proceedings.
BUT ELEVEN JURORS SITTING

JUROR RANKIN WAS SICK AND
LAWYERS AGREE TO GO ON
WITHOUT HUM-BUT TWO SPE-
CIAL JURY CASES LEFT--AD-
JOURNN1ENT ON SATURDAY
William Rankin, one of the jurors
in the case of Charles Frazer. of Phil
adelphia, VS.. Peter Sanford Ross, Of
New York. on trial in the Superior
Court, failed to appear this morning,
and it was ascertained that he was
sick. Colonel Benjamin Nields and
Harry Emmons, attorneys in the case,
agreed to go on with eleven jurors, and
the court consented. The taking OF
testimony in rebuttal was then re-
sumed. Later on Mr.. Rankin put in an
appearance and signihed his willing
ness to sit, but, as he had missed some
Of the testimony, he was excused.
Willard Salisbury, Jr., filed an ap-
plication to have the court, in term
time, appoint commissioners for the
condemnation Of six properties in
Brandywine hundred, the owners OF
which refuse to give or sell the Will
| mington City Railway Company the
right of way through their premises
for the Chester trolley extension. The
application is made under the charter
Of the Front and Union Streets Rail-
way Companys charter, which is con
trolled by the Wilmington City Rail
way Company. William S. Hilles, Pete
| L. Cooper, Jr., and j. Ernest Smitl
represent the owners. They raise
question of the jurisdiction of the Su
perior Court to appoint commissioner
under that act. Argument will be mad
on Wednesday, or shortly thereafter.
John P. Nields, attorney for VIII
liam Fisher, coiored, under sentence o
death for entering a house with inten
to commit rape on Mrs. Hunt, was NO
ready to take the steps preliminary t
2 taking the case up to the Suprem
T. Court, and the Court Of Oyer and Tel
miner will reconvene. on Saturday, b
= which time counsel for the defence wi
be ready.
The case of the state VS.. Mah3on ]
Foster has also been appealed, and
T has the distinction Of being the fri
criminal case appealed under the PR
visions Of the new Constitution. III
: Fisher case is the second one. 1t use
d to be That the Court OF Oyer and Te
e miner and the Court of General Sc
S sions were the first and final courts 4
criminal jurisdiction, but now excel
S tions can be taken to the courts ru
y ings on evidence and charges to Il
Il Jury, and the cases taken to the 81
/ preme Court Foster is at present ol
IS ON bail.
The libel case of Henry c. RObinsc
i VS.. the Every Evening Printing Con
e pany was stricken off the trial GALE
il dar and continued until November. A
gument on the demurrer will take pla
on next Saturday.
There are but two special jury cas-
ID left on the calendar. One is the ca
le Of Lewis L. Wilcox, administrator
u Johanna G. Wilcox, VS.. the Wilmingt'
City Railway Company, and the 9th
7r that Of George T. Price VS.. the Charl
'l' Warner Company.
The court announced that il wish
"a the bar to transact all business in {
'i nature OF motions, arguments, rul
and demurrers before Saturday, as a
o jounment Of the term would probal
- take pace on that day
= Add Sup ct
Oi The case Of Wilcox VS.. the Wilmir
Oy ton City Railway Company, promi'
~ to be both long and interesting. Tive
ty-five witnesses have been summon
by the plaintiff and sixty-fve by
~ defendant corporation. Mrs. Wilc'
81 the wife Of a letter-carrier, was xii
eu by Riverview trolley car so
months ago.
- In the Frazer-Ross case the lawy'
'r' are now citing authorities bear
~ upon their contentious.
en-,