Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1902-06-05

the meaning of letter "R'' on the
statement OF the purchase Of the stock.
Stock bought in the REGULAR way
had to be paid for on the next day. In
the present case, the money was tele-
graphed on the same day
Previous to May 10th said Mr.,
Handy, didn't you have difficulty in
getting stock bought through Robin
suld?r
Mr.. Ililles objected. Mr.. Handy
held that it was proper question and
no argued that the mere fact that tele-
grams we're exchanged did not Justify
the aking of g, 800 of mans money.
a majority of the court allowed tho
question, and Mr.. Iiilles noted an ex-
coption.
Why didn't you deliver that stool,
to Mr.. Lungren?n asked Mr.. Handy,
"iiecause couldn't get it in Phila-
delphia. -
GAS a matter of fact you never got
the stock?"
'No, sir. "
Jesse L. Workman, tho telegraph
operator, testified that he sent the
order for the 100 shares of stock, and
received word back that it had been
bought He made on entry thereupon
on his order book.
He remembered that Mr.. Lungren
came in aud asked for his stock. He
remembered sending inquiries about
the stock, but did not recall being in
formed that it was in process of transfer.
Charles q. Blandy, who was employed
by Robinson a. Co., in Philadelphia,
testified that the stock was bought, be
giving tho order by telephone to a
lloor broker. 1t was bought for r. r..
Robinson ~ Co., and he knew nothing
OF Lungren in the matter. The money
vas due the next day and the stock
was deliverable on that day.
What became of that stock?" asked
Mr.. Handy.
j cam tell you; from my memory,
l can't tell you, answered Mr.. Blandy.
WAS that stock bought by margin
or paid FOR outright?''
MIR. Hilles objected to the question
on the ground that no connection had
been shown with any marginal trans
action. The court ruled out the
question.
Tho defence rested about IL. 30 o'clock
anu presented prayers to the court.
Mr.. Hilles asked the court to instruct
the Jury to find IL verdict of acquittal,
holding that the fact OF tho purchase
OF the stock ended the prosecution.
Mr.. Handy opposed the taking away
OF the case from the jury, arguing that
under tho evidence there was no neces-
sity for sending the money to Philadel-
phia the day tho stock was bought.
Under the instruction of tho court,
the Jury in the case OF the State vs..
Henry G. Robinson, charged with
false pretences, Friday returned a
verdict of not guilty. Mr.. Robinson
was accused Of false pretences towards
William ii. Lungren, from whom he
received S2,343. 10 in payment for 100
shares of Reading second preferred.
He told Lungren that he had bought
the stock, but it was never delivered,
having been swallowed W, apparently,
in the failure of Robinson Il Co., in
Philadelphia The case hinged on
whether Mr.. Robinson had deceived
Mr.. Lungren, or had acted in good
faith. The court held that there was
no evidence on which the jury could
reach verdict of conviction, and
hence instructed it to acquit. Tho
State was represented by l.. Irving
Handy, and tho defendant by William
S. Hilles.
Reuben Gordon, q colored lad, charged
with burning stable, was released,
the State dropping the case. George
w. Fisher, another colored lad, accused
of burning a stable, was acquitted, but
was held for further Indictment.
EXCEPTIONS IN PYLE DIVORCE CASE.
Francis NJ. Walker, counsel for Mrs.
j. p. Pyle, filed exceptions to the
return of the commissioner, William
S. Prickett, who took the testimony in
tho Pyle divorce case. Mr.. Walker il
associated with II. H. Ward as counse
for the petitioner, Mrs. Pyle, and Will
liam ii. Head represents DIR. Pyle.
The commissioner return was against
the granting of the petition, and thu
next step will be the arguing Of the
| exceptions before the court.
MUST SUPPORT CHILDREN.
General Sessions Court handed dowr
an important decision Saturday il
"a non-support case. The case was tina
of the State vs.. Vincent r. Miller, anC
| the prosecuting witness was Mary T.
Miller. The court decided in the frs
| place that the Delaware law concerning
only legitimate children, and henct
that there could be no support fol
| illegitimate children but in the seconC
place, under the facts in the case, tn,
preponderance of testimony, was thai
the couple had been married; theil
living together, their holding them
selves out as man and wife, tho solemn
act of their joining together in a deed,
q OF ~
that they had been married by ar
ordained minister, all tended to the
fact of marriage. Their being mar
ried fixed the Legitimacy Of the three
children. For each of the two young
children, the court directed Miller t.
pay his wife 81 week and to furnish
bond of $500 for the performance o.
| that order.
Tho case of Frederick Beck, charged
with practicing medicine without 9
license, has been continued until the
September term of court.
The Superior Court Monday took NJ
the trials of civil cases. A Jury was
| drawn in the case of Horace p. Adams
VS.. the Wilmington g. New Castle
Electric Railway Co., Adams claiming
$40, COO damages.
In the case OF Malinda McKinnie
executriN of Henry McKinnie, de
ceased, VS.. James Parke Postles judg
ment for $3.50 in favor of the plaintiff
was announced. Harry Emmons rep
resented the plaintiff, and William T.
Lyman and Ii. Ii. Ward, the defendant
The suit grew out of a,Gontract made
with Mr.. McKinnie for hotel accom-
modations in Pittsburg for member.
of st. Johns Commandery, Knights
Templar. The knights did not use tn,
hotel.
In the Adams damage case the fol
lowing jurors were drawn: Edward