The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1902-02-19
SUPERIOR
COURT.
AA~ay

ance at z ~ O'Clock this afternoon In
order to 60 over the cases that have
been marked for the foot of the list.
The. Chief Justice said that the foot
was evidently growing ard the court
| would like to learn exactly how
large that foot is. The case OF John
Edward Herbcner vs.. James Crossau
in which malicious prosecution on the
part of Crossan Is alleged was then
resumed. At yesterday afternoon 8
session J. Harvey Whiteman closed
his defense. l.. Irving Handy who
represents the plaintiff endeavored to
introduce in evidence testimony that
the court decreed should have been
adduced IN the examination in chief.
Mr.. Whiteman at the close OF the
testimony submitted a motion for
the court to give Instructions to the
jury 70 return a verdict for Mr.,
Cros'an on 1.-THE ground that there was
probable cause for the issuance Of
the warrant for the arrest OF lIerben.
er. ~
The Court ruled that the practice
was not followed In the Delaware
courts and denied the motion.
After the jury had retired In the
above case, Chief Justice Lore any
no'inced that all jurors not empanellI
ed in that case were discharged until
. O'Clock This afternoon. Judges
Boyce and penniwel Immediately
afterwards retir d to the Judges par
lor. In a few minutes they agaiu
entered the court room with thstr
hats and ovcrcoats on and started to
walk out. Chief Justice Lore address
ing; the two Judges said: "GrntlemaHt
court hasnot adjourned. both tl$
Judges were much surprised and said
they thought tho Chief Justice had
adjourned court. They removed theft
hats and overcoats and took th8lt
accustomed places on the bench. III
a short time the jury returned and
after heating the ve~lict court was
lhen ADJOURNED. -
This morning each side was
given three quarters of an hour 10
address the jury. Mr.. HANDY
claimed that his client was arreaS4
ed without probable cause and t6a1
the arrcst had in ured his bushes II
The damages which the plaintiff
seeks TO recover Is $4,000. Thu
court in Its charge TO the jury salat
1--WE have been requested to lpf
struct you 10 render a verdict foE
the defendant, This we declinslQ
do 10 concluding the charge iii
court said: III wien the defendant
made the complaint ard caused
the issuance Of the warrants undaf,
which the plaintiff was arrested
and hls house searched. he bellev4d
that the plaintiff had committed IT,
was a participant in the commiin
sion OF the oIfeEse charged 10 tlx
compla amt then there was probablA
cause for his action and your vety
dict should be for the defendant. II;
of you find that the defendant
was actuated by malicious motive9
and without probable cause, youf
verdict should be for the plaintiff
and 10 that event you should aw ard
such damages as you may iiu4
rom the evidence that the plaintiff
has sustained and for this purpose
7ou make take into consideration
Ais arrest, detention, search oil HIS
tweI.Ing. the injury 10 his reputa,,,
ion and feelings, together with
such expenses, if any, as he may
necessarily have incurred 10 aqd
,bout the said prosecution. -
The jury retired about 1918
''clock. Shortly before l o'clock
he jury cent word out that they
would like to understand more full
y IN regard 10 probable cause. ~
The bail,ff was instructed I'd
ring the jury in and Judge Boyca
cad that section OF the charge
gain referring to probable causet
he jury then again retired, but
eturned a few minutes later With
verdict in favor OF the delenda ant,
Brakeman Dccapita ed.
J. Wallace Wilson, Of Philadelphia
of this city, fell of his train
t Landlith Station about4, 80 'clocu
his morning and was decapItated.
wilson was a brakeman on the r., W
. b. X. X. Iii, body was discovered
long the tracks by a track walker
bout 3 O'Clock. The head and left
rm were severed from the body. Tho
emain& 0! the unfortunate brakeman
'ere brought - the French Street
IatiOn and from there we've removed
, the morgue. A brother Of tho
deceased Identified the remain. and
tier wen. to Philadelphia TO break
he sad news to his wife.
Officers Elected
Delaware City, Feb. 20. Tho
tate Council OF the J. o. A. NJ last
vening selected Wilmington as tho
ext place Of meeting. The follow
e officers we're chosen: State Coun+
Ilor, James W. Robertson; seniot
Ice councillor, J. A. Elcgood; seniot
conductor, b. +. Simmons; S. q
arden. &. ". Stewart; $. &. insldS
,ntInel, James NJ, Kelley; s x
lapiain, S. b. Cooper; national rcnt
sentative for three years, pr. l.. s
orwell.
Pre- Damaged A utomobiic
Fire Of an unknown origin carly
cstcrday morning destroyed Tho auto,
'oblie house OF Enoch Moore, Jr., al
he works OF Enuch Moore G. SonS
ompany in South Wilmington. NM
IOort had in the house at the tlma
Is fine automobile, and 1t was dam,
ged to the extent OF about 5000