Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-02-23
TAYLOR VS.. POOR TRUSTEES.
Baker Sues to Recover for Loss
of Bread Contract.
DECLARES His pRODUCTWAS GOOD
The Defence Says Bread Was
of Bad Quality.
Superintendent Mccoy Testifies That 1t
Was Dark. soggy and sou-, Emit for
Any Ones Stomach-P -PlaintiR Places uis
Probable Profit Close to $500 Had He
Been Allowed to Keep the Contract.


After losing three days on account of
the storm, the Superior Court was able
to get to work Thursday and the appeal
case Of Thomas T.. Shea, defendant
below, appellant, VS.. Agnes Kerr,
plaintiff below, respondent, was placed
on trial before n jury. This case had
been entered at the May term, 1897,
and at trial since then had resulted
in verdict for Mrs. Kerr, but the
verdict had been set aside.
In the trial Thursday, Mrs. Kerr was
represented by James W. Ponder. Mr..
Shea was represented by David I. Mar
vel and Josiah Marvel. 1t was a suit
to recover $40, being two weeks salary,
and S3.62 car fare. Mrs. Herr is an
actress, who had been engaged by
Shea, who is manager. By arrange.
ment, she rehearsed before him and
her engagement followed. One part of
the contract was that she should re-
ceive two weeks notice. But while in
this city, she was discharged without
notice. Her claim is for SO, and So. 62
with interest from May Sd, 1897. The
actress was the only Witness. The case
lacked the interest which it had at
its former trial through the vigorous
cross examination then made by Will
liam Micahel Byrne, who was of coun-
sci for Mr.. Shea. .e
The defence moved for nonsuit on
the grounds of variance between the
allegation and the proof, and failure to
show that she was willing to continue
in the managers employ. The court
denied the non-suit.
The case was submitted without
argument. But the attorneys for Mr..
Shea presented prayers on which they
desired the court to charge the jury.
Pending the courts decision on these
prayers, the jury was discharged until
2 o'clock Thursday afternoon.
The case of Agness Kerr VS.. Thomas
E. Shea, the actor manager, on a claim
for $40 wages and So. 62 car fare, went
to the jury in the Superior Court Thurs
day afternoon and resulted in a ver-
dict for Mrs. Kerr for the claim with
interest, the total being SSl. ~. The
actress was represented by James W.
Ponder, and the manager by David I.
Marvel and Josiah Marvel.
The case of George G. Brown VS..
Thomas Green was put on trial before
jury in Superior Court on Friday,
ItbeE l.. SOupbIs or.f representing tho
plaintiff and Levi @. Bird and Andrew
| who is horse shoer, went to assist in
Club Stables, Orange street below
Ninth, in August, 1885, when the
mare reared, knocked him down and
tramped on him, breaking three ribs.
The plaintiff claims that Green had
knowledge that the horse was vicious.
His injuries still pain him ut times.
Charles II. Herdman, who has charge
of the stables, said that he thought
something was wrong with the mare
when she came there. Looked like
barnyard Stock" he said, "a lunk-
head. ="
"An anti-thoroughbred," suggested
Mr.. Bird.
"Not an aristocrat," remarked Chief
Justice Lore.
At first the mares disposition was
good but she became cross and within
u month or two of the accident she
would kick and bite and it was neces-
sary to use switch in Harvesting her.
Witness had told Green's colored boy
to tell Green that the mare was bad
and not fit to have in the stable, but
the witness had never told Green that.
DIR. w. p. Miller, who attended
Brown said he had three ribs broker
and was internally injured, requiring
attention for several months.
William Kyle testified that Brown
looked like a dead man after the mare
struck him. Thomas Cardwell sworc
that tho mare would rear and try tt
bite. but he had never told Mr.. Green
The plaintiff rested, and Mr.. Birt
moved for nonsuit, on the grount
that Mr.. Green had not been shown tC
have knowledge that the mare was
vicious.
The court denied the motion for ,
non-suit and the defence began putting
in its testimony. Thomas Green, the
defendant, testified that he had NJ
knowledge that the mare was vicious
David Ford, u horse trainer said tina
two days after Brown was injured h,
had harnessed the mare and had n,
trouble.
In Superior Court on Saturday, As
sociate Justice Boyce delivered th,
charge to the jury in the case o
George G. Brown VS.. Thomas Green
in which Brown seeks damages fo
injuries inflicted by Green's horse. TIL,
court held that the gravamen of thu
offence was the keeping of ferociou'
horse with knowledge Of its ferocity.
The jury retired about IL O'Clock.
Argument was heard in the case o
the State of Delaware, upon tho rela
tion of William S. Edwards, Jr., VS.
the Board of Pilot Commissioners
This is q mandamus proceeding. III
H. Ward and j.. G. Vandegrift repre-
sent the complainant and j. Harve,
| fnr fha 4 at,f