Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-02-09

the liability Of the directors Of cor.
noration for paying dividends out OF
The capital. The court, in Its opinion,
said that it did not go into all the
phases of the case, but decided the
argument on the demurrer upon the
one question whether this was o legal
or equitable proceeding and held that
il was an equitable proceeding and as
such the Superior Court had no right
to act. Judgment was accordingly
entered on the demurrer against the
plaintiff. t.s. Il.
ii. II. Ward, representing the plain
tiff, entered an exception to the opinion.
Under a recent act of the Legislature,
such action is permissible, and under
1t the case can be taken to the Supreme
Court. W. S. Hilles represents tho
defendant.
coyLE CASE DROPPED.
The State had hard luck in its first
jury trial of the term, which took place.
| this morning and was in the case OF
the State VS.. Elmer Coyle, charged
with the larceny Of $500, the property
of Bernard Mccullough. :.
John Mccullough, son of Bernard,
had pleaded guilty to the same charge,
and IL was expected that he would tell
the story he had told to Chief of
Police Dolan, duplicating, Coyle.
Bernard Mccullough testified to
the loss of the money, and Elmer
Deputy swore that young man
l,who said his name was Elmer Coyle
had asked him for u pistol, but he had
loaned the pistol to John Mccullough,
who was with the other, Then Chief
Dolan told of Mccullough g confession,
telling Of the trip Of himself and Coyle
to Alabama. /,
David j. Reinhardt, who represented
C'oyle. admitted that he had been In
Alabama. Attorney General White
, called John Mccullough, who was
awaiting sentence, but as he was
about to take the stand, Deput,
, Attorney General Cooper found. b,
, questioning him, that he was not likel,
j to duplicate Coyle. Mr.. White SEN
him back to the box, and dropped tn
} case. Under the circumstances tn
: State could not prove the charge. Coyl'
was allowed to go with warning.
CHARGED WITH MUnpBRous ASSAULT.
Jeremiah Davis, coIored, was put Of
trial charged with murderously assault
, ing Harry Blown, ooiored. The mel
anarreled at No. 100 Walnut street owe
/. woman on Christmas night. Brow
: said that Davis cut at him with . razo
. and struck him in, the head With
stone or brick. He denied that he ha
!, j a razor or that he said at one time tina
= he. was liking pin OF the nigge
= carvers." William Johns, Ettie LaRut
7 Officer Michael McGillin, DR., s.. G
7 Gilbert, Officer ]. g. Shields and d.
!. tecrive Witsil testified for the Stat,
? Browns skull had been fractured
2 the fight. Davis told Officer McGilli
: that he was willing to hang for whi
y he had done.
p For the defence, Lizzie Smith, WI
!. liam Thomas and the prisoner testifie'
y Davis said that Brown was the aggress'
e and he Davis was simply defender
4 himself.
Y. William, Thomas was asked wheth
Davis was looking for o fight. |
g caused laugh by replying: No,
q was looking for q woman, ! guess.
40 The case was submitted on the char
:, of Judge Pennewfll. I'll. h
90 The Jury in the Davis case return,
"a verdict of guilty OF simple assault
~ He was not sentenced.
~ The grand jury ignored bills again
ea James Foley, and against Fam
81 Lemon. Mrs. Lemon WINS charged wi
40 assaulting Mrs. Steel at Sixth al
IL Market streets. n