Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-12-01

James w. LhttomuS was appointed
commissioner TO take testimony in the
divorce case of Farraday vs. Farraday,
on the application of Martin E.. Smith.
In the divorce cases of Abraham W.
Cam VS.. Bertha Il. Cam and James
Keenan, vs.. Mary Keenan,, William 5.
Hilles. representing the libellants,
secured the appointment OF Austin
Harrington as commissioner to take
| testimony.
Publication was ordered of the re-
| turns of the commissioners in the di
vorce cases of Lena Callahan VS.. John
| *. Callahan, Ball, commissioner
| David j. Smith VS.. Mary |. Smith,
Heisei, commissioner; and Emily j.
! Miller VS.. Edward p. Miller, Pie, com
missioner; all being favorable to di-
1 yorce. .S
| Discontinuance was announced in
the case Of Eva B. Taylor VS.. Pullman
Palace Car Co., G. L. Ward and Hilles
for the plaintiff, and Vandegrift for
| the defendant.
Continuance until the next term was
granted in the case of William Dono-
van VS.. the Harlan 4 Hollingsworth Go.
As provided by the new Constitution,
the terms of the coroner and sheriff
which would have expired at this term
/ of court, under the old law, are con-
| tinued until the first Tuesday Of Jan
uary. They are required to rebond for
\ the additional period. To this end,
| Coroner j. Thomas Wright appeared
before the court at this mornings
session and offered John W. Dayett and
Samuel w. Rice as his bondsmen in
| the sum of 90. 200. He was represented
| by Andrew e. Sanborn. The court ap-
| proved the bond. The affidavit did
not, however, follow the language of
the new Constitution with respect to
the oath and will be fixed in that re.
gard.
Court adjourned until $50 o'clock
4 Tuesday afternoon.
Sheriff William R. Finn yesterday
rebonded in the sum of $4,000 for
the faithful performance of his duties
for the term extended by the new Con-
| stitution until January Sd next. His
bondsmen we're Col. Henry A. du Pont,
Edmund Mitchell, Jr., Charles NJ.
Smith, Paul Giilis and DIR. Irvine M.
Finn.
The case Of Morris F. Friedman and
his wife, Yetta against John Megowen
was set for trial yesterday, but when
first called, Howell S. England, attor-
ney for the plaintiffs, was absent, and
the plaintiffs failing to answer when
their names were called, the court
granted non-suit against them.
Mr.. England appeared and upon his
application the court allowed the nom
suit to be taken off, permitting the
case to go to trial. Walter HI. Hayes
represented Megowen. 1t is suit for
damages for dog bite.
4 The following were drawn as jurors :
Samuel AllcorD, Richard III. Williams,
Clayton Won Cuiin. Samuel Kidd, John
Peoples, William Morrison, Zachariah
McDonough, John r. Francis, Levi s.
Naylor, Price Dilworth, james Downey
and John w. Roberts. George Speak
\ man, Samuel Moore and Matthew
.IO'Rourke were challenged.
The plaintiffs claim 81, 600 damages.
| Mr., England opened the case and
called Mrs. Yetta Friedman to the
i stand. She testified that on the night
of December Sd, 1896, she went to
Megowen's saloon at Front and Shipley
streets and bought q pitcher of beer
from Megowen. On her way out of the
saloon, She said she was attacked by u
dog, which bit her on the left thigh.
Megowen laughed She saw Oiiicsr
Keileher and showed him and Megowen
the injured thigh. DR.. Blocksom
treated the wound, and she walked
lame for about two weeks. It caused
her pain in wet weather.
Mr.. England asked her il she had
any fear Of hydrophobi;, but the de
fence held that the question was not
proper because no reference Of that
sort appsared in the nsrr. Mr.. Eng
land cited an authority, however. and
his question WIS allowed. Mr. Hayes
noted an exception. Tho question was
then turned down because it was lead
ing, and Mr.. England could not make
clear TO the witness what he desired to
bring out She said she was afraid Of
dogs, but got no further.
Morris Friedman, husband Of the in
4 jured woman. testified to sending her
to get some beer, and as to the cxteni
Of her injuries.
: On ross-exan,:nation he denied that
he tried to induce boy named Louis
Sklut to go to an attorneys Office and
swear that no saw the deg bite Mrs.
Friedman, or that he promised the
boy money.
i Dr. j. Il. V. Biocksom testified to
dressing the wounds eight times. He
treated it anti-septically, the only way
he ever treated dog bite. He re-
marked that he never cauterized a
bite. The doctor said he had been
\ bitten by dog himself. and never
had hydrophobia. although he had beer
mad many times. -
In reply to Mr.. Hayes, DIR. Blocksom
said he accepted Mrs. Friedman's state
ment as to what caused the injury, and
believed it was dog bite,
Mr.. England called Sarah Friedman,
Henry Robbins. colored, Isaac Ander-
son, colored, and Charles Griffith, col.
ored, in an effort to show that tho dog
was vicious and was known to be SO by
the owner, but their testimony was
vague and indefinite.
The exceptions to the award Of
referees in the case of Dennis J. Men
ton VS.. the city, will abe argued next
Saturday.
William Michael Byrne, representing
Hart & Bro, applied for security fol
costs from the Fidelity Mutual Fire
Insurance Co., nonresident plaintiff.
In the case of Caldwell & Co. vs..
Armour &. Co., William S. Hilles
moved to quash the sheriff's return.
This motion involves the constitu-
tionality of the act which allows the
sheriff to serve writs upon the resident
agent of non resident copartnership.
The court will take up the matter
later. II. III. Ward represents the
plaintiff.
In the case OF Hannah Smith VS..
Armour II CO., u petition and bond
were filed by William S. Hilles and
the case was ordered removed to the
United States Circuit Court.
On the application OF John X. Brad
ford, William ii. Head was appointed