The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1910-12-24

timony Trial OF the case was deferred
Until Tuesday morning.
James Gale, purscr on the steamer
Kitty Knight, charged i'll two indict-
ments with taking orders for and de-
livering liquor to parties at Frederick
town and Cassidy's Wharf pleaded
orders for people for whiskey, on
which he got profit OF 5 and 10 cents
a gallon, and beer TO persons in Kent
county on which he got profit at
times OF $I4o a barrel He claimed
that he did not know that he was act
ing unlawfully. The States Attorney
consented to or rather suggested sus-
pension OF sentence in one case and a
fine in the other. Judge Pearce then
fined the accused $Ioo and costs iwth
the alternative OF six months in the
House OF Correction in the second
case, and in the first suspended setl-
tence with warning to the defend
ant against the repetition OF his Of
tense. Court was then adjourned ,or
the day.
TUESDAY.
Trial OF Armour VS.. Wilson was re-
stunned. The morning was spent in ar
ranging the prayers, the majority of
the Court rejecting some of the de-
PENDANTS and changing one OF them
for a new one, and argument began
before and closed after the recess.
The jury rendered verdict for the
plaintiff for the sum on $500
The suit OF the Collins Supply Com
pany. oi Philadelphia, VS.. The Felt
Paper Company Uee Moore ard Will
liam WesD OF Rowlandville, to recover
$I+2, so the value Oh Yingling Shaking
Crate, furnished by plaintiff for use
under one oi the boilers in defend
ants mill at Rowlandville, was put on
trial before the Court. Joshua Clayton,
ESD, for plaintiff; Fred T. Haines,
Esq. for defendant. The CRATE con-
tanning 2S I2 square feet surface, at
IS per square foot, cost $I42.5o. 1t
was supplied in September, 1900, on
thirty days trial, on the representa-
ton that it would reduce coal con-
sumption and increase the volume of
steam. Mr.. Collins dealt chiefly with
Mr.. Moore in the matter. Sixty DAYS
after the CRATE was installed, Mr..
Moore notified Mr.. Collins that it was
not working satisfactorily as it would
not make sufficient steam and would
clog with clinkers, which he was as
surcd would not be the case 1t had
to be worked as were the stationery
CRATES and supplied like them with
deep beds oil coal to get the needed
steam. Collins machinist claimed to
have rcmcdied the trouble, but it con-
tmued, and the CRATE was discarded in
Ma! 'a>t and ~as npN worth about S.
as scrap. MIR. Collins and his ma
ch:nist testified as to the installation
and directions given tor using the
CRATE, and Mr.. Yingling, OF New York,
its patentee, as TO its wide use for
! about thirteen years past. giving gen
cral satisfaction when instructions as
to its use were followed Messrs.
Moore and West and their coIored
fireman told oi the crates failure and
their efforts to make it work salts
| factorily, at a night session. testimony
| closing about 9 p. IN. Mr.. Clayton
rcirained from arguing the case. but
Mr.. Haines addressed the Court at
some length, holding that there had
been no sale or acceptance and, ii
there had been. ii was under an eX-
| press or implied warranty given BY
! MIR. Collins and a descriptive circlt-
lar. He cited decisions to support his
| contention. He also offered as a set
off certain expenses incurred by the
| defendant for the crates installation
| Tln M,I,,arI,,.
gave judgment for the plaintiff for
$l2o.77, holdirg that the retention and
use @. the CRATE beyond the trial limit
amounted t" an acceptance, and that
as it wa, furnished on trial. to be ac.
ceptcd or rejected, there was no war.
ranty express or implied.
WEDNESDAY.
State vs.. Eugene Reed, culorcd
known as yellow jim. charged witt
the murder oi Alfred Wilson, coiored
| by Stabbing him with knife, in the
stomach, during 4 quarrel over a quar-
ter. stakcd in crap game, at Sandy
| Ruttum, near Ccciton, on the nigh
OF October -, last, was put on tria
before the following jury:-S. y. VAN
mort, Foreman; Charles Muhrlein
John Z Zebley, William Futty, S. A
Gillespie, Thomas c. Major, Georg,
y. Hal. r. r. Cameron. c. l.. Eli
san, Joseph Iiinchlitfc, John +. Fra
ger and William Sterrctt.
Charles a, icatzig, Henry Scott
| Howard d. Jackson, John ] Buck ANT
| ". 7. Bonham were challenged b,
the defense. William B. Weir hat
formed and expressed an opinion. anc
s. X. Emerson, a resident OF til,
ncighborhod OF the tragedy, was ex
cusci.