Evening journal., 1899-05-22
THE DAYS CIVIL WORK.
Trouble Between Farmers
Over Live Stock.
COMMISSIONER IN DIV0ROI

ALL BUT ONE OF THE CASES on
To-DAY's CALENDAR DISPOSED
OF WITHOUT TRIAL - SEVERAL.
CASES SETTLED.
In Superior Court this morning Charles
b. Evans asked leave to Withdraw his
name as attorney for the plaintiff in the
case of Michael Butler VS.. the Republl-
can Printing and Publishing Company.
He said THAT he had not been able to
find the plaintiff. his client. Buffers
name was called by the crler. He failed
to respond and judgment was given for
the defendant.
City Solicitor Conrad asked for special
juries in the cases Of Charles j. Higgins
and Charles II. Dugan vs.. the Mayor and
Council of Wilmington. They were
placed at the foot Of the special jury
list
On account of William S. Hihes being
in Alabama final disposition Of the case
Of Edmund p. Moody use of Ralph c.
Lupton, VS.. Herbert n. Fell, was deferred
until this Afternoon.
Colonel Benjamin Nields reported set
Element Of the case Of the johnson Forge
Company VS.. the Fitchburg Railroad
Company, and It was discontinued
Next Saturday week was fixed as the
time for hearing argument Of demurrer
filed in the case of Fowler VS.. the VIII
mington and Nonthern Railroad Com
pany. James w. Ponder represents the
plaintiff and Lewis c. vandegrift the de-
fendant.
Lewis c. Vandegr-ift asked for fur
ther continuance Of the libel case Of
Jacob L. Lenartz and wife vs. the Jour-
nal Printing Company. His grounds were
that one material witness for the defense
was out Of the country and two other
witnesses out Of the state. William F.
Kurtz attorney for the plaintiff, resisted
the application. The court held the mat
ter in abeyance untn this afternoon.
Philip L. Garrett Of counsel for the
defendants, requested that entry Of judg-
ment for plaintiffs for costs be made in
the cases Of Anna Alsentzer and William
H. Glrven VS.. Martin w Shockley.
Because Of the pendency Of case in
the Supreme Court involving the legal
principles involved in the cases OF the
/ ideli.y Mutual Fire Insurance Company
vs.. Hart & Bro. and S. G. Simmons &
Bro, calendared for tomorrow, they
were continued until next term, counsel
on both sides agreeing.
Arthur w. Spruance, commissioner In
the annulment Of marriage case Of Lille
c. Driscoll VS.. Freeman +. Driscon, was
given until May % to make his return.
On application Of Robert G. Harman
attorney for the defendant. j. Harvey
, Whiteman, for the plaintiff, consenting
the case Of the Graves Elevator Com
/ pany vs.. Charles W. Edwards was con.
; tlnued until the next term.
Peter L. Cooper. Jr., announced thai
as soon as he could see William S. Hille'
, and William S. Prickett. counsel for the
plaintiffs. he would make application fol
continuance Of the cases Of John II
D King, Frank B. Henderson, Abbie II
! Baker and Alice E. Henderson VS.. th'
wilmington and New Castle Electri'
/. Railway Company.
] John II. Rodney made application 4
have the case Of Luther W. Ewing an'
= sydney E. Ewing,hls wife, vs.. Mary Toy
= stricken from the list He said that hi
% reason was that the case was retire
3 three years ago. He pleaded IN May 1896
e and Iilburn Chandler attorney for tn
- plaintiffs, had never had the case at is
j. sue until last Friday.
3, Mr.. Chandler said he believed he ha
It a written agreement with Mr.. Rodne
e about the matter and asked for time I
/ hnnt for It among his papers and on tn
Il records. He was given until next Mon
+ day morning to produce it.
e Hugh c. Browne was appointed com
missioner to take testimony in the d
vorce case Of KLAUS vs.. Klaus
After several challenges had been mad
n a Jury was secured to try the case
IS Vincent o. Hin VS.. James and Margar'
a. CHM. e. r. Cochran, Jr., represente
J. the plaintiff and Thomas Davis the plair
" tiff. Hoth litigants are aged men VII
-e hail from near Blackblrd, in the lowe
D. part of this county. Five Of Hills horse
'e got out and strayed on Gins whea
CHM took them up and sent them ov'
Il to his sons place. Hill replevlned then
~ and then sued fordamages for injuri'
l. sustained by his horses by reason OF u
bad usage which they received while
70 the custody Of the Ginns. Hin claimed
damages to his stock and CHM elaine
- S24 for damage to his wheat and the e.
penses incident to taking up the stock
The hearing this morning was fun
humorous features, which were fully a
preciated by the few persons who atten'
= ed the morning session.
Mr.. Davis raised the points that ii
never received written notice Of the II
u pounding of the stock and that
-. straying OF the stock was due to acc
dent and not to design or negligence.
conclusion Mr.. Davis requested the cou
=. ITO charge the jury to find for the plai
n, tiff.
Mr.. Cochran resisted this and said IN
- CHM relied on common law ana not
80 pecany on the statute.
To enable Mr.. Cochran to secure
" thorities showing the application OF I
= common law to the case court took a
'u' CO.'S half an hour earlier than usual.