The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1899-03-25
CIRCUIT COURT.
TWO IMPORTANT CASES THIS
WEEK ON TRIAL.

car, so that it could be controlled, and thus
got beyond the men and ran into the first
ear. Trial before jury. Albert Constable
and W. r. Warburton for plaintiff; l.. NJ.
Haines and Fred T. Haines for railroad com
pany.
The defense made was that Dean was
negligent, that he assumed the risk incident
to the service. and that it occurred through
the negligence Of his co-employees and that
the company could not be held responsible
The jury in the case was Alfred Davis,
foreman; EIam X. Krauss, James L. Murray,
J. Harvey Gray, A. LindeIl Beaston, Charles
Covingt n, Thomas A. Wright, Edwin c.
Gather. Charles c. Mohrlein. Thomas Fl.
Cummings. Slater b. Tosh and Thomas c.
Riley.
Plaintiffs witnesses-Joel H. Dean. Ar
drew Patchell. John Call, James Jones, Mrs.
Israel Dean, Dr. George s. Rittenhouse.
Defendants witnesses John Murphy. Wm.
G Heath, John Hambeton, Charles Norman,
Clement Curley, Jere Mahoney, JFmcs Cos
grove, Ezekiel Hammond, Harry Pryor, jos.
Minker, John V. Price. Vim. X. Potts, George
Laird, George W. Hammond, c. NJ. Tasker.
William NJ. Jackson. Randolph G. Lungren.
Israel Il. Dean.
NON SUIT ENTERED IN THE DEAN CASE.
The jury in the Dean case came into Court
l p. m. Friday and reported verdict agreed
upon. when the counsel for the plaintiff
entered II non suit. 1t was afterward re-
ported that compromise verdict had been
found for about Il 600.
CHANCERY CASE ARGUED.
The case OF Geo II. Earle, Jr, Receiver
aud Geo. II. Earle, Jr., and Richard Y
Cooke, Assignees, vs.. The Singerly Pulp and
Paper Co., of Elkton. was argued before the
Court on Wednesday night and yesterday
morning. This is bill in equity filed by
bond holders asking for decree of fore
closure. The defence 0led demurrer to the
bin denying the right of bond holders to file
bill for foreclosure on the ground that the
mortgage prescribed the mode of sale viz:
That it must be by a trustee appointed ac-
cording to the terms of the mortgage. This
demurrer is now held sub curia by the Court
Preston and Marbury, Of Baltimore and John
s. Writ, of Elkton, appeared for plaintiffs,
and Albert Constable for the defendant.
NAUDAIN WILL CASE.
The trial of the Naudain will case was
begun at 2 o'clock. yesterday, Friday
The suit was brought by Joseph c. Nau-
dan, husband of the testatriX. Mrs. Caroline
Naudain, against the executor, Joseph Cou-
DON who is son of the testatrix.
Mrs Caroline Naudain died at Perryville,
about six months ago. leaving an estate
valued at 100000. In her will she named
her SON. Joseph Coudon. her only child. as
executor, and made number of bequests to
relatives residing in Pennsylvania. Mary land,
Delaware and West Virginia. and gave to the
North East parish the sum of $4,000. To her
husband Joseph c. Naudain, she bequeathed
100 shares of the capital stock of the Whitaker
Iron Company, of Wheeling, W. Va. the
same to be held in trust by her executor,
Joseph Coudon, who is to pay all dividends
and profits of said stock, as the same shall
accrue, to her husband. j. c. Naudain. for
and during his natural life, said stock to
become part of the residuary estate at his
death. Her executor, however. is empow-
cred under the will to vote said shares of
stock at any and all meetings of the company.
The stock. it is claimed, has not paid any
dividends for several years past.
The plaintiff seeks to break the will on the
ground that at the time tho testatrix was not
of sound and disposing mind and that undue
influence was used upon her.
Witnesses summoned by the defendant are:
George NJ. stump, Mary E. Whitaker, Miss
Anna Coudon, Miss Carrie Hasson. Miss
Maggie Wilson, Miss India Taylor, Peter
Hartenstine, Morrison n. Sentman, Elmore
Owens. William H. Cole J. Wilson Coudon,
James w. Abrahams Edward G.. Cher,
Frank W. Jones, Joseph p. Wright, Laura V.
LamdeD, Henry Coudon.
Witnesses summoned by the plaintir are:
DR.. George NJ. Stump, John NJ. Stump Miss
Delilah Rya Miss Maggie Wilson, J. Ford
Simpers, Miss Carrie Simpers, Morrison n.
SentmaD. Bessie W. Shippers, Orion Taylor,
India Taylor, Olecia NJ. Stump, Mrs. John
Stump.
The jury in the case is as follows: Edwin
G. Gather, foreman; Samuel J. Reeder,
Victor Nj. Torbert, VIM. H. Pearce, Jr.,
Irwin G. Griffith, Jr., Dennis Mullen, Robert
Anderson, Alfred Davis, Elan K Krauss.
Lindell Beaston, Charles Covington, Thos.
G. Riley.
COURT NOTES.
Witnesses in ncriminal cases were discharged
on Thursday until Wednesday morning next
Court now convenes at $40 a. m, and ad-
journs at 3 p. IN.
The Dean damage case brought young
attorney before the pubics attenton-Fred
T. Haines who was his father, L. NJ Haines,
Esqr's, colleague as counsel for the Railroad
Company. Young Mr.. Hgines in his conduct
of the case, gave evidence of great promise
in his profession and his address to the Jury,
especially, called forth the congratulations of
the older members of the bar, And, by the
way, Mr.. Haines, Jr., is being brought for
ward by his friends as the Republican nomi-
nee for States Attorney in Cecil this year.