The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1900-02-09
NO ILLEGAL
CHARGES MADE

In the United States Court yes terday
afternoon 5, II. Smith filed his report In
the case of John Greer W Woodward,
Baldwin and Company. The later obtain.
cd a judgment for sS9, S?nI I6 With inte'-
est from December 81, 1923 against the
Arlington Mills Company.
The judgmont was obtained by Wood
ward. baldwin and Company Oh Dscem.
ber 3, 1897. At this time the mills were rot
in operation. They afterwards went into
the hands Of George s. Cape!e, receiver,
and were sold by him for Sl0o,tOO which
was raid into the United SAFES Circuit
Court.
UpoE tho fling of the claim of Wood
ward, Baldwin ana Company, upon tho
Judgment in the United States Circuit
Court exceptions were fl oil by the receiv.
err Of tho Arlington Mills Manufacturing
Company, upon the request of John Greer
II small ,tocIholder anu Robert &. Harman
his attorney. claiming fraud In the obtain
Ing OF the Judgment Oh the parU OF W oou'
ward, Baldwin and Company. and nl,o
that the Judgment should be reduced MY
Or sky thousand dollars on account of
certain illegal and fraudulent charges.
MR. SMITHS OPINION.
In his opinion Mr. Smith says: "The
evidence shows that no improper cooper
alton existed between tho plaintiffs and
tho officers Of the defcndent company for
tho purpose of Withholding n proper de-
fence to suit in which the judgement was
recovered. in tho absence of fraud or want
OF jurisdiction In court of competent
Jurisdiction rendering Judgment tho law
is sottlol that a Judgment rendered therein
IS conclusive and may not be set aside
for the reason that it might hnvo been re-
duccd II available dCftnsos had been plead
cd, which wero not"
The master further reports that hc finds
there was no fraudulent and illegal
charges in tho jutgment-lhat fralld con-
sists in dishonest inten ion. 1t Is deceit
but ard discrimination. 1t is not presumed,
must be clearly Proved, and will not De
imputed to any conduct OF q man which
may ba reasonably consistent with al pltr
pose. That in his case no fraud whatever
was proved either in the obtaining OF tho
judgment or inany OF tho charges going
TO make up tho claim. ! hat whse as IN
ms ms unce. charges weHa nlane, tie
items of which for twenty years had been
acquiesced in, although for part OF the
time under protcs ami where Surh pro-
tot was mot Ivy tho declaration oil the
party rendering tho services, hat he
could not afford to pcrforn them for less
money. he ground work for the charge
of fraud falls, and ,hc charges howevo on
erOus they may be regarded by the recelr-
err nre valid and Lawful,
The master therefore reports that the
whole amount Of the claim OF woodward
Bh dwin and Company i- dua ami payable
sS9.ss9.i6. with interest thereon from DEC
emHer 81 1SB.
This ease inns occupied the attention Of
the court for more than two year,. Wood
ward, Baldwin and Company are repre-
scented by Levi G. Bird and Andrew H.
Sanhorn of this city, and tho receiver III
tho matter of these exceptions by hopert
q. harnnn.
The case IS important ms involving the
law that tho judgments OF she state
eGurts can "uly lie attacked in no Federal
courts on the ground OF fraud. In this
case the masters report shows there was
no fraud.
Trouble For Dr, Pyle.
A few weeks ago Mrs Pyle OF this city,
went to the Geatman home In k"nrett
Township, Pa, 10 vlsi; her mo her and
sistor, where sho was taken sick, ana her
huebanI visiting her, II controversy Ell.
sued between him and his sis,er-in-inw.
Miss Fiorence which ended In personal
collision, The Decor returned TO our
city suppoaing thn' the matter would SOON
blow over but Miss Florence was not
in a fDr:iving Mood, AMI in few days
afterward, visited West Chester, and with
hor hoah hunlaged went boforo the Grand
Jury and charged Da Pyle with ag.
grava,ed u saulJ and iutent to kill, max.
ing oath he had knocked her down aud
slaahrd her with knife Tue Grand Jury
found true bill. Thereupun Governor
Stoue issued n requisition for Dr. Pyle,
and ON its ondorsement b. Governor lun-
mel, Sheriff w. II. Turner Of Wesl Chcs-
ter, came to our city on Wednesday, and
arrested DR.. Pyle, who strenuOisly OBJ
jectrd going to West Chester with ShariH
Turner, and in erTiewed his nt!orneysi III
references to tho matter. The result was
that he put up 81 600 in cash in the Sherltt's
hands rs security for his appearance atR
hearing to de ermine tho matter.
With the view OF delaying the matter
capias proceedings were instituted. and
hourinK will take place before Chief JUS
tic8 Lore OH the Eth inst.