Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-02-23

States Court. Learning that one crimi-
nal case was fixed for trial in the
county court and that Deputy Attor-
ney-Genoral Peter l.. Cooper, Jr., was
out of town, won't to the county Court
House to take charge of the case. The
prisoner was William II. johnson, col
ored, who had been released from Gus
tody under the name of Rees, another
charge against him having been
dropped. In the present case, he was
accused of stealing a silver watch, the
property of Mary E. jackson, colorcd.
Mary said that Johnson went to her
house to soc about whitewashing, and
after he left her watch was missing.
She found it at Nathan Levy's. Nathan
Levy testified that johnson had pawn
ed it for 81.
johnson denied the theft, and accused
Mary of having boasted that she gave
false oath before Judge Ball. Mary,
on the other hand, alleged that the
prisoner had her come over to jail and
offered her $40 to stay out of the State
for two or three days. She admitted
telling his mother that she would not
leave town for less than $50.
In response to the court. Mary said
johnson was a good whitewasher.
THAT what he does, she said, when
he amt a-workin'."
The jury was out about one minute
and returned a verdict Of mot guilty."
which caused some surprise. johnson
was allowed to go.
In the Superior Court on Saturday
afternoon. the jury in the case of
George G. Brown VS.. Thomas Green.
gave "a verdict for $3.50 in favor of
Brown for injuries sustained in being
struck and trampled by Green's horse.
DECISION AS TO A SUMMONS.
Associate Justice William q. Spru-
ance read the opinion of the Superior
Court as of the November term in the
case of Ellwood i. Caldwell VS.. Philip
D. Armour, j. Ogden Armour and
Philip D. Armour, Jr., trading as
Armour a. Co. The question involved
was the right to secure service upon a
foreign defendant not corporation,
the specific point being whether legal
service Of summons had been made on
Armour g. Co., which is an Illinois
firm, by serving the same on Edward
e. Penley, manager at the branch es-
tablishment of the concern in this
city. The court decided that section
of chapter 1872, Vol. XI, Laws of Della
ware, so far as it is applicable to this
case, is unconstitutional, being in
violation of section of article 4 of the
Constitution of the United States and
of section l of the 14th amendment.
The return of the sheriff is set aside.
H. Fl. Ward represented Caldwell and
William S. Hilles Armour & 20.
The case of Greer VS.. the Arlington
Mills Manufacturing Co. goes to the
foot Of the trial list.
Attorneys we're interested in the
action in the replevin case of Jones VS..
Bice. Martin B. Burris, representing
| the plaintiff had failed to file paper
on the day fixed, and Martin E. Smith,
representing the defendant, secured
| judgment Mr.. Burris will make good
| the amount
A jury heard the evidence in the
garnishee case against the Security
Trust and Safe Deposit Co., admins
traitor of Martha Brooks. An attach
ment had been laid upon s164.27 which
she owed a loan association, and the
amount involved before the jury was
SOL. 73 Patrick Taggart testified to the
loan being made her and to her pay
ment of portion of ii. George G.
Maris testified to a mortgage which she
had given the Mutual Loan Associa-
tion, on account of which she had bor-
rowed from another association. Ben
| jamin Nields, for the administrator,
moved for nonsuit, but the court re-
fused to grant the nonsuit, and the jury
| gave verdict in favor of Martin
Hutchinson, represented by Lilburne
| Chandler, for S54. 49,
The "bread case" which has been in
| Cunar;ar Court Gov eavar,I +ar,,,e ,,,ar
| to trial Monday afternoon. 1t is the
case OF John b. Taylor VS.. the Trustees
of the Poor of New Castle county. Mr..
Taylor was represented by Howell S.
England, and the trustees were repre-
sentod by Edwin r. Cochran, Jr.
Gen. Theodore f. Armstrong, presi-
dent, John w. Lawson, Thomas Weldin
and Conrad Keller of the board were in
court.
Tho Jury box as filled after number
of challenges had been made. John
NJ. Whitford. business manager oi
Every Evening, testified to the adver.
tisement of the trustees for bids fol
supplies, the bids to be received Octo-
ber 2Sth, 1896, for the ensuing three
months. The file of the paper contain.
ing the advertisement was admitted il
evidence.
Mr.. Taylor, who received the con.
tract to provide bread at 214 cents Q
pound, said he delivered the first in
stalment on October Goth and con.
tinued to serve it until November 14th,
when he received letter from Super.
intendent David Mccoy, announcing q
change in the bakers. But he sent the
bread the next day and the next. il
was refused on both days. He was
willing to continue sending it.
Mr.. England offered three loaves o.
bread in evidence. They were ad
mitted as being Of the same kind anC
quality. Mr.. Cochran noted an excep
tion to the admission of the bread
Taylor estimated that his profit or
supplying bread for the quarter woult
have been close to s400.
On cross. examination, Mr.. Taylor
denied that upon going before the
trustees he heard of a. resolution
authorizing the superintendent to re
scind the contract if the bread was un
satisfactory. While before the trustees
a personal matter came up between
him and one of the trustees.
The witness said that the bread was
not soggy, not dark, not sour, and was
good in every way.
George S. Hall, driver for Taylor, tes
titled that he delivered the bread, anC
on Saturday, November 14th, received
slip ordering 800 pounds of broad fol
the following Monday. On that day
he found another baker there and Mr.
Mccoy would not let him deliver tn,
bread. He asserted that no word from
Mccoy was sent by him as TO tn,
bread being unsatisfactory.