The sun. (Wilmington, Del.) 1897-19??, 1901-12-21
ANSWER MADE
BY Mr.. CARTER
Says That He Bonded According
to Law.
PROPERLY DEPOSITED IT
No Service Made on Mr.. Webster. Mr..
Fahey Will Make Return ON
Tuesday and MIR. Webster
on January O.
PROPERLY DEPOSITED IT

this morning. William s. Hilles brought
ul' the matter of the answer of the di-
rertors Of the Street and Sewer DEPART
ment to the rule made upon them to show
cause why they should not produce their
original bonds or give new ones. He
presented the return of Director James
ID. Carter
The allegation was that Mr.. Carter did
not deliver his bond to the city treasurer
when he became director Of the de-
partmnnt. In his answer Mr.. Carter
denies this and AYERS that Immediately
after he took The office he went before
the city judge, ]. Frank Ball had had
the bond signed and properly deposited.
! He denies that he did not furnish bond,
but on the contrary says the sbond was
given and deposited with William II.
| Curry, who. at the time, was city treas
urer.
I Mr.. Carter's answer follows:
He believes that what is contained
in the fist paragraph of the said writ
is true, excepting that he is not informed
AS tn the interest of the said petitioners
in the execution of he laws of the State
Of Delaware.
2--1hat what is contained in the second
paragraph of the said writ is true.
3-For what is contained in the third
paragraph of the said writ, he says, that
| Immediately upon his appointment as Il
| member of the Board of Dire ctors of the
Street and Sewer Department of the City
of Wilmington, together with Andrew l..
johnson and Robert w. Tadman, he
went before the Hon. j. Frank Ball,
then the city judge Of the city of Will
mington, and that then and there the said
city judge duly approved of the said An
,lrcw l.. johnson and Robert w. Tadman
rs sureties upon certain bond to the
Mayor and Council OF Wilmington i'll Che
4 sum Of 100000, the condition of which
bond was that if he should in all things
comply with the provisions of the act
of the General Assembly entitled An
act creating the Board of Directors of
the Street and Sewer Department, being
| chapter 1SS, volume IS. Laws of Dela-
ware. and should faithfully execute the
trusts confded to him, that then the
said bond should be void otherwise to re-
main in full force and virtue; that there
was sub-joined to said bond warrant of
attorney TO confess Judgment thereon;
that the said bond was prepared by
! Henry G.. Conrad, Esq, then city solicit
tor OF the city of Wilmington, and when
lrxacutpd by him. the said James d. Car
Johnson and Robert w. Tadman as sur
rtlss. was duly approved by the said
,.ity judge. which said bond was in all
things in conformity with the provisions
pf section II Of the said act; that there
after the said bond and warrant of at
turnpy thereto annexed were filed in the
office Of William II. Curry. who was
th"n aud there the city treasurer of tho
said city of Wilmington And the said
| James y. Carter denies that he did not
furnish the said bond with sureties as
provided by law but on the contrary
Thereof alleges that the said bond was
made, approved ard filed as provided by
law.
And this respondent rra.s that such
order may hc made III the premises as is
lawful and right ard that he may be
hence dismissed with mis- reasonable costs
most wrongfully sustained.
James ID. Carter.
William S. Hiles, for respondent.
Mr.. IIilleS stated that Director Ayers
s. Webster had been ont of the city for
two weeks and he had absolutely been
unable to communicate with him at all.
IL, is in Ohio whore his son is stranded
with theatrical troune. No service mad
nc"n Iaade upor Mr.. Webster.
I! Mr. Fahey. Mr.. uilles said, had told
: him that An attachment had been issued
. 'or him as a witness in the Lynn case
!. md that he did not want to risk being
: absent from the court to see his counsel.
I, The first time he had seen Mr.. Fahey
was " hen he came to his office this morn
ing.
J. Harvey Whitcman. representing tho
i Citizens' Association. asked the court
:. To fS time for the return Of the alter
n native writ III the eases Of Messrs. Wen
!. SER and Fahcy, and that the Carter case
A 90 over 10 that time.
i The court fixed next Tuesday at lC
i 'cock a. The time for the return of w
Fahey's answer and Monday January =
Tor the rct,irn In the case of Mr.. Wen
Strr.
On application Of Horace G. Knowles
Il pnhlication was ordered III the divorce
" ease Of Mccall ". Mccall.