Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-12-21
KENTS Big TROLLEY FIGHT
Quo Warranto Proceedings in
the Superior Court.
MUCH CONTENTION BY COUNSEL
The Jury Returns a Verdict for
the State.

This Turns Out John ID. Hawkins Company
and Leaves the field TO Attorney-General
Whites Coinpany-The Case May Now Go
to the state supreme Court.
Special Correspondence of Gazette and journal
Dover, Dec. 10. -Yesterday morning
the quo warranto proceedings against
the Delaware Electric Railway. Co,
which we're commenced at the fall term
of the Superior Court of Kent county,
in October, were resumed here. Court
opened at 1920 o'clock with Chief
Justice Lore and Associates Boyce and
Pennewill on the bench. The jury
were called, after which the court asked
counsel for the Delaware Electric Rail-
way Co. to explain what issues the
case would be tried upon.
William s. Hilles Of the counsel for
the defendants cited nine different
causes which they intended to prove,
all of which were relative to the organi-
cation, raising of capital, stock. SUBJ
SCI ibing required shares, paying the
required amount $50, 000l, as the law
prescribed afterwards the trial jury
was drawn.
John ID. Hawkins was questioned
as to his connection with the Dover Il
Milford railway and was handed books
to identify certain writings signed by
himself and others OF which he had
know ledge. During Hawkins examine
tion by counsel on both sides, lively
battle from legal point of view took
place, in which the court had to call
for order. The counsel for the State
objected to almost every question put
to witness by counsel for defendants.
An argument of come length took place
between counsel over the admission OF
the minute book offered in evidence
containing, in addition to the minutes,
the names of those who purported to
have subscribed to the capital stock.
The court admitted the book only as
relating to minutes OF the meetings.
At the afternoon session, Mr.. Hawkins
was closely cross examined by counsel
for the State as to his notifying the
commissioners of the Dover Il Milford
Electric Railway Co. TO attend the
| meetings of the company at which il
was alleged shares of capital stock
were subscribed to. In some instances
he was unable to recall certain things
relative TO the meeting.
Mark w. Cole was called to prove
| his signature and also to state his
knowledge of the meeting at which
he was elected secretary, it being the
organization of the Delaware & Elec-
| trio Railway Go. At this point another
| lengthy debate as TO tho legality OF
what transpired took place between
counsel, which occupied the attention
of court till o'clock, at which time
the court took a recess till O'Clock.
| In announcing the recess, Chief Justice
Lore notified counsel that they were
anxious TO end tine case and conse-
quently would hold night session to
continue indefinitely.
When the court reassembled, Mr..
Ccle was recalled, to testify to his
writing in the minute book and re-
garding his connection with the Della
ware Electric Railway Go.
| Mr.. Hawkins was also recalled, tc
testify concerning the proxies men.
toned in the o. afternoon, it being
claimed that some Of the directors OF
commissioners were not present wher
the capital stock was subserved, bu;
were represented by proxies, The
proxies, after an examination by tn,
court, we're ruled out Mr.. Hawkins
was questioned by Mr.. Hilles concern
ing the $40, GOO subscribed and paid II
as required by law. Mr.. Hawkins re
Piled that it was paid in by himself
At this point, Mr.. Hilles offered il
evidence sheet Of paper, which pur
ported to be the subscription list o
the stock of the Dover 4 Milford Rail
way Co. staken out after the amenda
tory act of 1897. This paper showed
that John D. Hawkins and Charlie
Raspin were the subscribers to tb
stock, each one of them subscribing +
80 shares. At the bottom of the pape
was note in pencil, stating tina
Messrs. Hawkins and Raspin had sub
scribed TO 100 shares each. Tho Stat
oh iected, through Henry Ridgely, Jr.
on the ground that the paper onl
showed properly total subscription G
100 shares of capital stock at $50
share, ard that as the amendatory nc
required $40, 900 to be paid in on til
stock subscriptions the defendant
would have to show at least toti
subscription of 200 shares, and tina
this could not be done ty the penc
note at the bottom of the paper. y TIL
court sustained the objection.
Mr.. Hiles then offered to prove b
Mr.. Hawkins that 200 shares of stoc
had really been subscribed. Mi
Ridgely objected, on the ground ths
this would be varying written insirl
mont by parol testimony. The obiectio
: was argued at length by Henry Ridgel,
Dr., and Edward Ridgely. ard reptile
to by Messrs. Hilles and Higgins. I'll
court sustained the objection.
: After consultation between Messr
Higgins and Hilles and the defent
ants, Mr.. Hilles stated that this rulir
of tine court practically decided Il
case against them, and that, therefor
they would not offer any further ev
dence. counsel for the State havir
agr eed that they might, il they wished
. take the case to the Supreme Court.
Edward Ridgely, for the State, move
! that the court instruct the jury
Z render verdict for the State, assassin
! the defendants in cents damages, b
J sides the cost of the suit. This ii
! court did, and the jury returned Il
verdict The court then gave judgme
.. against the defendants, oustine the
. Of their claim to act as corporatio
|