Evening journal., 1898-06-18

THOMAS DAVIS AND WILLIAM s.
HTDLES- odds AND ENDS DIS
POSED OF BY TGIE COURT ON
T4E LAST DAY.
The Superior Court yesterday after
noon quashed the writ Of certiorari in
the case Of Samuel ID. Forbes and Ma
ria G. Hartman VS.. the State Of Dsla-
ware, testing the legality Of the MAJ
nicipal Court. The motion to quaah
was made by City Solicitor Conrad and
Assistant Cahoon moved that the writ
Of certiorari be quashed. This motion
was made ON the grounds that the
record shows the defendants In the case
below did not, before issuing the writ,
enter into recognizance with the Mayor
and City Council with surety approved
by the prothonotary Of the Superior
Court and with the condition that they
should abide the penalty of the court
below in case the plea was not made
good.
The attorneys alleged that no such
record as required by law was entered
on the docket of the court.
They claimed that there was another
defect in the proceedings. The record
OF the City Court shows that three per-
sons were arrested on the sane war
rant at the same time and all were SEN
tehced to the same penalty. Only two
were joined in the writ. The attor-
neys for Forbes were taken by sur
prise. Mr.. Smalley said he had hoped
that no advantage would be taken OF
technical errors as he wanted to get
to the merits of the case.
Chief Justice lore said that a ques-
ton was to be decided and quashed
the writ.
Martin b. Burris presented a petition
TO the court for tile widening OF a
road in st. Georges hundred. The court
decided that under the statute it had
no jurisdiction to order the widening
Of a road, although it has authority
to lay out or change the course OF
road.
To condemn rights Of way for the ex-
tension Of the Front and Union streets
line through lands in Brandywine hun
dred the court appointed William T.
Porter, ]. Newlin Gawthrop, George
/ Pennington and William Lawton. They
will probably be prevented from pro-
y ceeding by means of injunction pro-
ceedings.
The case Of the News Publishing
y Company was argued, but no decision
4 was given.
This morning Mr.. Forbes and Mrs.
Hartman appeared at the City Hall
with William f. Smalley, Jr., their
counsel and invited arrest. Chief OF
Police Dolan refused to take any ac-
o ton without express orders from Judge
d Ball. There was an animated CONVEX
L sation between Mr.. Smalley and As
slstant City Solicitor Cahoon. Mr..
smalley said that the arrests, If made
Il at all. should he made this morning
y and not deferred until this afternoon
Il or evening or tomorrow, when habeas
e corpus proceedings could not be taken
II TO effect their immediate release.
y Later on Mr.. Smalley and ex-Scna-
r. tor Higgins, senior counsel, were seen
y. in consultation, and interesting de-
h yelopments are expected.
J. In the case Of Alice c. Clark vs.. Ed
70 ward S. Clark, a petition was present
,f ed by John H. Rodney to take sl4S2O
% and granted.
On motion Of walter II. Hayes all
n rules, references and motions, except
ing motions for final Judgment, were
continued until September ~.
ID Pierre Blair Pie was appointed com
missioner to take testimony in The
divorce case OF Miller VS.. Miller
70 William Michael By-ne made a mo,
Of ton for new trial Of the case Of =
he Miller Thomas vs. Rev. Charles A
We Grise. He will file his reasons on Mon
ht day.
he Judgment for the defendant for cost
r. was given in the case Of Francis Tos
Mt ney VS.. the Metropolitan Life Insurance
rn Company.
Martin e. Smith, of the Arkansa
bar, was admitted to practice on mo
ton Of II. H. Ward.
Sheriff Finn was allowed $3.50 add
t. tional costs for watchmen in the cas-
,st of Charles Fraser VS.. Peter Sanfor
. / Ross.
I'd On application Of Richard Gear, Al
". infant, John P. Gear, his next friend
Ier was admitted to prosecute his sui
re against the p, w. & b. Railroad Com
is pany.
In the case of Proctor & Gamble vs.
ou Quigley & Mullen, Judgment was con
fessed in favor of the plaintiff, tn
amount to be ascertained by the pro
II tba oaca of prOofOr 4