Evening journal., 1901-12-21
tARTER SAYS
HE FILED BOND
Vas Approved and Left
With City Treasurer
lis WAS THE ONLY ANSWER
Ourt Gives Children Of Joseph
Brown Into Custody OF Their
Grandmother
lis WAS THE ONLY ANSWER

WAuuumVtuUl
This being the day fixed by the SUI
8erior Court for the return Of the al
ernative writ against the directors of
he Street and Sewer Department, to
how cause why they should not pre-
ent their bonds the case was called
or final argument after the opening of
The court.
Il want to say to your honors," said
William S. Hilles, representing the di-
Nectors. that / have the return of
flames d. Carter, but as Mr. Webster
s out West, where his son is stranded
with an opera troupe, / am unable toI
present his"
J. Harvey Whiteman, representing
he Committee Of Fifty, which organi-
.ation begun the action. said: Il have
seen interviews where Mr.. Webster
has been in town
Mr.. Hilles-"I have not seen Mr.
Webster since the court decided the
ule to show cause.
MR.. CARRIERS REPLY
Mr.. Hilles then presented the follow
l, ng answer to the alternative writ.
TO the Honorable, the Judges of the
Superior Court of the State of Del
aware, in and for New Castle
County.
James d. Carter, of the city OF Viii
nington. New Castle county and State
)f Delaware. for return to the writ of
alternative mandamus heretofore issued
7 ~ this count against him in the above
.ause says:
4 /. He believes that what is contain
I'd in the first paragraph of the said
swrit is true, excepting that he is not in
Formed as to tire interest Of the said
petitioners in tine execution Of the laws
/ Ed the State of Delaware.
1 2. That what is contained in the
Second paragraph Of the said writ is
lrue.
9. For what is contained in the third
paragraph of the said writ, he says
sihat Immediately upon his appoint
ament as a member of the Board of Di-
lrectors of the Street and Sewer De-
lpartment of the city of Wilmington, to-
iget-her with Andrew l.. Johnson and
Robert w. Tadman, he went before the
Hon. J. Frank Ball, then the city judge
fof the city Of Wilmington, and that
tthen and there the said city judge duly
Iapproyed of the said Andrew l.. John
son and Robert W. Tadman as sure
tiles upon a certain bond to the Mayor
land Council of Wilmington in the sum
of 100000, the condition Of which bond
was that if he should in all Things com
lply with the provisions OF the act Of
the General Assembly, entitled AN
act creating the Board of Directors Of
the Street and Sewer Department, be-
ing chapter 1888, volume 1S. Laws of
Delaware, and should faithfully exc
cute the trusts confided> to him, that
then the said bond should be void,
otherwise to remain i'm full force and
virtue; that there was subjoined to said
bond warrant of attorney to confess
Judgment thereon; that the said bond
was prepared by Henry G. Conrad, then
city solicitor of the city of Whining
ton, and when executed by him, the
said James d. Carter, together with
the said Andrew T. Johnson and Rob
ert w. Tadman as sureties, was duly
approved by the said city judge, which
said bond was in all things in conform
ity with the provisions Of section 10 of
the said act; that thereafter the said
bond and warrant of attorney thereto
annexed We're fled i'm the office Of
William HI Curry, who was then and
There the city treasurer of the said city
of Wilmington. And the said James d.
Carter denies that he did not furnish
the said bond with sureties as pro
vided by law. but ON the contrary
thereof alleges that the said bond was
made, approved and filed as provided
by law.
And this respondent prays that such
order may be made in the premises as
is lawful and right, and that HE may
be hence dismissed with his reasonable
costs most wrOngfully sustained
James d. Carter.
The court made no ansewr to the re
turn made. The case against Mr..
Fahey will be argued on Tuesday, ana
that against Mr.. Webster ON Monday,
January 6.
BROWN CHILDREN IN COURT
The court asked Harry Emmons if
there was any return in tine writ of
habeas corpus ordering the appearance
of the children of Joseph Brown in
court Mr.. Emmons replied that the
children were present, and argument
on the writ followed
Mrs. King, the grandmother of the
children and who wants the custody OF
the children, was examined by Mr..
Emmons. her counsel. as follows:
Mrs. King, what relation are you
to these children?"
Il am their grandmother on their
mothers side"
What was Mrs. Browns maiden
name?"
Elizabeth Hurley was her maiden
name"
How long was she married to Mr.
BROWNE"
About ten or eleven years"
Was their married life happy?"
"Their married life was not happy
and there was more than one separa-
tion"