Evening journal., 1902-06-07
THREE OPINIONS
GIVBN In COURT
Verdict in the Star Libel
Case Is Important
Court Decides That Julian Cochran Is
MOI Entitled to $4,000 As In
ttreSt Under Will

Decisions IN cnses argued In Superior |
Court. during the February term, were
handed down yesterday afternoon.
Judge Boyce read the decision of the
court on the demurrer filed by counsel for
the plaintlff In the case Of John p. Dona
hoe vs.. The Star Publishing Company, an
action for libel William S. Hlles repre-
sents Donahoe and ]. Harvey Whiteman
and Victor y. Woolley the publishing
company. The demurrer was sustained
and Judgment respondent custer was
given IN favor Of Donahoe. IT. Bayard
Hcisel on behalf Of the publishing COM
pany, accepted judgment respondent ous-
ter and new pleadings viii be filed by the
defendant company.
Tho decision IN this case Us regarded as
important by members OF the bar, as
there appears to be some confusion re-
garding the libel laws in this country.
Judge Boyce often found Il necessary TO
refer to the common law as laid down I'm
1902 In England.
DECISION IN EJECTMENT SUIT.
Judge Pennowili read the decision in
the case OF the State VS.. James Wesley
Caullx and Alfred Caulk. which was certi-
fed from Magistrate Bntton's court into
Superior Court, as IL involved title to GER
tain lands IN Appoquinimink hundred. IL
was an eiectment suit. and it was neces-
/
tain provisions IN a viii devlsing certain
lands TO James. Alfred and Leonard CaullS.
Mrs Rebecca Caul'-, who is the widow of
Leonard Caulk. was elected from
certain premises which she claimed as her
own. The decision as read by Judge PEN
newln sets forth that she had legal title
to the land, Il having been willed 60 her
by her husband. Martin y. Burris repre-
sented Mrs. Caulk and Harry Emmons
represented James and Alfred Caulk.
VERDICT FOR EXECUTORS.
Chief Justice Lore read the opinion of
the court In the case OF Julian Cochran
VS.. Charles +. Cochran, II, ii. Gipin and
Joseph Gibson. executors Of the last will
and testament Of John J.. Cochran. This
| was n case stated. Colonel benjamin
Nieids representing the plaintiff. and JohT
II. Rodney, the defendants. Julian Coch'
ran claimed that under the VIII $dlus'
stin remains unpaid TO him. That amoun
represented interest on certain bonds ant
book accounts involved IA the VIII from
the death of John +. Cochran on Decem
Der "a. 1898. to the passing Of the bool
account IN 1900. The court decided tina
Mr.. Cochran was not entitled TO tn
$4,000 under the will, and therefore
verdict was given IN favor OF the exec
utors.
In the case OF George =. WinlSler vs.
. l LnlIAQtlNnAi anu ANHhAlllh ANAAAANtAA NfNAii
pany, prayers We're submitted yesterda
and argument on them was made MI
Hilles asked that the jury be instructed
5 return verdict for WinlSler on IN
= ground that the company had violated tl
I Interstate commerce law, requiring car
to be equipped with automatic coupler
by the placing Of the bullnose ON the ten
der.
For the defense Mr.. Bird argued that
tender of an engine was not "a car. How
ever. both IL and the car attached TO
were equipped with the automatic coup
/ Ter. but the bullnose had to be placed he
tween them 20 shift them around IN
sharp curves leading into the damon
state steel Company. The court win pas
upon the interstate question IN IL
charge 20 the jury.
In the non-support case, Lewis
Luigi was directed 10 pay his wife
Lillian X. S12 a month and to Civ
bond in the sum of $500. Settlement
was announced in the non-suppor
case of James II. Finley
Elwood Turner was discharged, a
his wife did not appear against him.