Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-12-21
ATTACHMENT LAW HOLDS GOOD.
Wages Are to be Attached In This Count,
for Hoard and lodging oniy-snarpe Get

bUustHuuts
The statute forbidding the attach
ment for wages in New Castle county
except for board and lodging was de-
clared to be constitutional by the
Superior Court yesterday week, and as
consequence, George Sharpe secures
Judgment fer $50. 70 from the Philadel-
phia, Wilmington g. Baltimore Railroad
Go. Sharpe was employed by the rail-
road company Hurlock Brothers had
u claim Of $50. 10 against him for goods
bought and delivered and placed their
claim with Magistrate Pritcbett, who
laid an attachment on the wage money
in the hands of the railioad. Sharpe
next sued the railroad for the money
and secured judgment for the amount
before Magistrate Kelley. The conf
pany took an appeal, and 1t was the
appeal which came before the Superior
Court yesterday week. Andrew G.
Gray, representing the company,
claimed that the act allowing the
attachment of wages for board and
lodging only was unconstitutional, as
1t applies only to this county, and that
it was an unreasonable exemption law.
lie maintained also that it was class
legislation, in the interest of boarding
house keepers.
Philip L. Garrett, for sharpe, stood
upon the language of the act which
forbids the attachment Of wages for
anything but board and lodging. The
court decided that the law was sound,
constitutional and insti ucted the Jury
to return verdict for the amount OF
the claim SEQ. ~.
Court of General Sessions heard ap-
plication Thursday of Horace Greedy
Knowles for the discharge of William
Fitzpatrick and Harry Gamble, charged
with larceny, in whose case Jury had
disagreed. Mr.. Knowles held that a
person could not twice he put in
jeopardy or on trial for the same
offence.
Chief Justice Lore stated that the
right of the court to discharge jury
| that could not agree had been ably dis
cussed by George Gray, George Ii.
| Bates and otkei attorneys in the Car
berry and other cases, and the practice
| of the court was well settled. The dis
charge cf u jury is entirely within the
discretion of the court In the case in
question, the jury had said it could
not agree.
| Twelve jurors were selected from a
special panel in Superior Court to try
| the damage case of Juliana Beecher,
| by her next friend Walter G. Beecher
VS.. the Wilmington Mills Manufactur
ing Co. The following we're selected
John Nivin, Frank V. Whiteman,
Merritt N. Willitts, Joseph b. Deakyne,
James W. Denning, Thomas q. Bird,
Harry Ellison, James M.RDowns, Will
liam W. Donovan, Joseph Davidson,
Eber Talley, George W. Gray.
Horace G. Knowles represented the
plaintiff and Lewis G. Vandegrift the
defendant. After the jurors had quail
fled Mr.. Knowles announced tho die
continuance of the case.
This sudden turn of affairs caused
surprise. A juror was withdrawn ano
the case was ended. A settlement had
been reached. the Beecher girl los
several fingers in machine at the jutt
works.
Argument was heard in the case O
James Harris, who appealed from th,
decision OF the Municipal Court. Fol
assault and battery, Harris wa:
sentenced to pay fine of Sl00 apt
costs and to be imprisoned one year
After icing ia iail about three months
he took an appeal through Horace G.
Knowles. The City Court would no
entertain the appeal and it went to th'
| CUurb. IDbIb ftsSiSthub VII.
Solicitor Cahoon maintained that thu
appeal had boen taken too late
Although the case comes under thos
in which, according to the Constitu
ton, an appeal is allowed, Nh. Cahooi
held that in the absence of legislativ,
enactment the constitutional provision
was imperative.
The court decided in Harris favor
holding that the City Court was bound
under the Constitution, to gran
appeals in all cases in which applica
tons are made where the Imprisonment
excepds 80 DAYS or the fine exceeds 500
Contested applications for license +
sell liquor were considered in the Conr
of General Sessions Saturday. Tn
court granted the application of Edwar'
j. Brooks of Port Penn and refused I,
grant licenses to John j. Doughert
for No. 205 Market street and Jane
Davis of No. 626 Scott street.
In the application of John j
Dougherty for license for No. 20
Market street, known as the Washing
ton House, which was formerly KEEP
, by Samuel PEG, William s. Prickett
counsel for the Law and Order Society
said there was no necessity for it.
ustin Harrington, counsel fo
Dougherty, stated that the place wa
q public necessity, or accommodation
the public, and that there was no per
son who could say aught against job
j. Dougherty, who requested the grant
ing of the license. William Huber,
next door neighbor, and j. Warre
Bullen, proprietor OF tho Boston Cloth
ing House, said they thought the hous
an accommodation to the public,
properly kept Letters we're offered t
the same effect from business men i
the neighborhood.
r SUPERIOR COURT.
a In the Superior Court the case {
} Rushton, administrator, VS.. p, W.
B. Railroad Co., in which a speci;
. jury had been asked for, was continue
until the next term. The case of Gea
VS. the p, W. a. B. Railroad Co. too
the same course The case Of White
administrators VS.. the Diamond Stat
, Iron 20. was also continued. In tn
: case of Daniel q. Spruance vs.. Marti
! Myerdilck, the demurrer was overrueo
) The case of Seal vs. Roe was resume
for court in banc. In the case c
Emma Clark vs.. Joshua Jefferson, bein
certiorari, Judgment Fellow was r.
versed. In the case of Thomas VS.. til
! Pennsylvania Railroad Co., certai
D papers were ordered TO be present q
the hearing set for Monday next. l
the case Of Fillmore G. Chandler v.
Margaret A. Tull the rule for writ {
possesson was made absolute. TIL
special jury case of Whites administri
TOR VS.. the Diamond State Iron Co.
set for trial on Monday, was continue
with view to settlement.
,Icainh MarvaI bpvan afOunent d