Evening journal., 1902-01-11
MANY ITALIANS
FORSAKE KING
Court Considered Many Short
Cases Today
HANDY WINS ANOTHER VICTORY
Nc. HilIeS Agrees in Foreign Attach
ment Argument-NeW Trial
Refused

General Sessions Court this morning
ignored the remonstrance made to the APP
plication of Henry &. Clarke for LICENSE
10 sell liquor In st. Georges, aud granted
the license.
The remonstrance was represented by
William $. Prickett. of the Law aud Or
der Society, and II was signed by the
Rev. J. H. Geohcgan and other temper
ance advocates OF ST. Georges. They
contendcd that Edward Gam was refused
a license for the place because he had
given liquor away ON election day and
that the hotel was not needed in that
town.
Walter II. Hayes represented the appli-
cant, and showed the court that there
w0s no other place which sold intOxicat
ing liquos in 81. Georges.
Judge Sprunnce remarked. "1hcru nro
some people who don't want a licensed
hotel anywhere. hut We are not a pro-
hibition court"
Mr.. Clarke told the court that he in
tended to run this hotel himself and did
not want the license for Edward Gam.
In the divorce case of Beulah Burnham
vs.. James II. Burnham. Walter H.
Hayes, for plnintin, and Julian G. Wal
kcr. for the defendant, stated that they
had agreed upon Francis NJ. Walker as
commissioner. Mrs. Burnham asks that
her husband be ordered TO give her ali
mony in such sum as win enable her
to pay counsel fees and costs during the
hearing, as she is unable 10 pay such fees
and costs On Monday Mr.. Walker will
/ reply TO the request
The case of the State vs.. the Delaware
Surety Company, was continued until the
February term of court on the applica-
tion of David H. Marvel, attorney for
the Surety Company
In the argument of the demurrer IN the
case Of Agnew VS.. J. Edward Addicks,
the demurrer made by MIR. Ward was
sustained and w. s. Hillcs. for the plain
tih, was allowed TO amend.
The case of Tax Collector Lewis VS.
the Wilmington City Railway Company
was continued until the February term
The case involves the taxation OF the
c0mpanys roadheds. Mcssrs. Hillos and
Hayes were not prepared for argument
and Robert q. Harman, for the city, con
sented 10 continuance. He asked that
it be the first ease for argument in the
February list. Three years taxes are in
volyed including this year.
The defense will be that the roadbed is
not real estate and if IL is, it is not prop
erly assessed
! The question OF the legality Of the
present assessment may be raised and
Mr.. Harman wants the matter in shape
10 present 10 the Board of Revision be-
fore il adjourns in April.
An important decision was rendered by
the court In the case of Eva Szymanski
VS.. Il. Blumenthal & Co., relating 10 the
recent act OF the Legislature authorizing
the issuing of foreign attachment in
cases of tort. The acciAnt which re-
suited in the death OF the plaintiffs hus-
band, occurred June 2S. 1901. at which
time the only means Of requesting the de-
PENDANTS 90 appear in court was bya sum
mons and personal service upon the de-
fendants,they being partners. The service
could not be obtained upon them in Della
ware. however because they lived IN
New York. In March, 1901. the Legisla-
ture Of Delaware passed an act allowing
the issuing Of a foreign attachment in
cases Of tort, such as this was The
plaintiff filed an affidavit and had an at
tachment issued under that act. William
, $. Hilles, attorney for the defendant.
subsequently moved 10 quash the writ on
the ground that the act Of the Legislature
did not apply to causes Of action that
5 arose prior to its passage. Levi G. Bird.
I for the plaintiff, contended that the act OF
the Legislature affected only the
remedy in the case and not any vested
right. and operatedand took effect upon
all causes of action existing at the time
Of the passage Of the act.
The court i'm its decision today sus-
tanned the contention Of Mr.. Bird and re-
. fused 10 quash the writ Of foreign attach
ment issued i'm the case.
L. Irving Handy was given decision
in the case of the Peoples Mutual Live
= Stock Company, Of Pennsylvania,
n against DR.. Leonard A. Kittinger. Mr..
a Handy represented the defense, and
g Julian c. Walker the insurance COM
n pany The facts in the case are that
e 1.-THE company. which was a Pennsyl-
1 vania concern without authority 70
10 transact business in Delaware, insured
e a horse belonging to DR.. Kittinger. The
4 company died and the horse lived. The
g suit was TO recover certain payments
Il from Dr. Kittnger. The court decided
J. that the insurance company not hav-
d ing qualified 10 do business in Della
Il ware It's contracts we're null and void
Final naturalization papers of the
following Italians wore passed favor
z ably upon by the court this morning:
Gabrielle Butter. Salvatore Juliano
D Justine Giordano Antonio Sarduci
r Antonio Di Mare. Michael Valerie.
d The court refused a new trial in the
e case OF Mary NJ Lacy VS.. Harry j
r Stoeckle. In the trial of the case judg-
= ment was given against Mr.. Stoeckls
for S269 S3.