The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1912-03-09
PETIT JURY
GRAND JURY
I. Wayne Reynolds. 81
Foreman

William H. Deshane. i w. J. Pnrner. SRA
Alexander Wilson 81 James II. Spear.
S. H. Buckworth. - g. 5. Templeman *
Reuben Lake.. % John T.. Alexander. q
John F. Lang. ......,..3 Joseph A. Deaver. ....S .
D. Warren Wilson. ... 3 Joseph Clay 8
H. d. Litzenberg 3 Walter w. Woodali '.3
John A. Morgan ....3 W. Arthur mitchell g
William p Kite 4 Lewis T. r. Ward -. 3
walter A. blackwell s. James A. Holland. a
Charles d. Racine. ...5 William L. COX. .
Samuel Gather ......6 w. ]. Arrants. ........5 5
F M. Rawlings. .....6 Cecil l.. armour ..'..'o D
F. B. Lakeland .......6 maurice =, heeder. o
Millard Abrahams. 1T Willlam ocott. o
Ed,yard n Dawson 8 James o. Carson z
Stenhen A Nickle . g Amos A. Boyd .......7
j. M. C. Carhart. ......9 Morris Acker ........7
Clifford Cook ........9 William Atkinson. -. z
George w Taylor 9 William II. Buck 49,. 8
Bayard Touchstone. g r. Harry Logan ....9
C. P. Fitzgerald. 8
Messrs. James T. Watts and George w.
Peterson, of the First district, Thomas
B. Stewart, of the Fifth, ]. Otis Kennard,
of the Sixth, and Alpheus C. Huss, Ivan
Richards and Albert G, Reynolds of
lhe Eighth, of the original panel, were
excused and Messrs. George Benson, OF
j., and Frank Bennett, of the First, Jas.
s. Spear and George S. Templeman, or
the Second, Lewis T. R. Ward, OF the
Third, William T. Cox, of the Fourth, ard
Morris Acker, of the Seventh, were
drawn in their stead. His Honor Judge
Adkins said that the States Attorney had
informed the Court that there was moth
ing requiring special charging OF the
G, and Jury, but he directed their atten-
tion to marters required by statute
The Grand Jury then retired, and the
call of the dockets proceeded. One civil
case of the Sc on the calendar was mark
ed for trial, motions for the entry Of
Judgment were made in several, and the
rest were continued as We're also the six
cases on the Appeal Docket. One OF
these, the B. & o. r. R., VS.. Russell, in
which the Appellee had recovered judg-
ment for damage by fire to fruit trees
and fencing, went over, in the absence
of w. T. Warburton, Esq, the company 8
counsel, upon its paying the costs In
the case for the term. Several criminal
cases against fugitives charged with SELL
ing liquor, were continued State against
John Harris, for assault and carrying
deadly weapon and State VS.. Samuel Ell
lis, for larceny Of corn, came over from
the December term. The former will be
tried next Monday, and the latter als>,
perhaps.
Court in the aftel noon heard testimony
in habeas corpus proceedings brought
by Elias B. Kunkel, of 1873 Vine street.
Philadelphia, to obtain custody of his II
year old daughter, Ella, placed by him
in April, 1907, in charge of Robert Math-
las and wife, who reside on their farm,
near Appleton, and have practically,
though not formally, adopted III egirl
f. B. Evans, Esq, appeared for the
father, and Albert Constable, Esq, for
MIR. and Mrs. Matthias. The Court talked
with the girl in private, and Judge Ad-
kns said it had to consider only what
would be for the girls best interest, and
from the testimony offered that would
be best served by leaving her in charge
of Mr.. and Mrs. Matthias. The Court
would, accordingly, refuse the petition.
Parents and child then parted, without
taking leave Of each other, and Court ad
journed for the day.
TUESDAY.
Trial of Clark S. Grant, vs.. 4. I. and
Florence E. Alternately, conducting the
undertaking business at Cherry Hill, un-
der the name of A. T. Alternately & Co,
the only civil case marked for trial, was
taken up. Joshua Clayton, Esq, appear
ed for the plaintiff and Albert Constable,
Esq, for the defendants. The case was
an action brought by Mr.. Grant to re
cover payment for services rendered as
assistant to Mr.. Alternately from Febru-
ary, 1907, to December, 1910, Mr.. Grant
claiming $5 per month. He sold his un-
dertaking outfit in February, 1907, to
George A. tSeele, for whom Mr.. Aberna-
thy was for a time agent. later acquir-
ing the business. Mr.. Grant was paid by
Mr.. Steeles check for $3.50 and the bill
IL covered Included bTaHl 5 services
as assistant for six months following
the sale. Mr. Grant continued as assist
ant on a basis, as he claimed, of fair
wages for his work, which he figured at
s. per month. He attended upwards of
60 funeral, caring for the bodies before
burial. Mr. Alternately paid rim $50 on
account in cash and store goods, and
Mr.. Grant finally sued for the balance
which he claimed. MIR. Grant had peen
A he hy g a
resident assistant. Mr.. Alternately stated
that he and Mr.. Grant had no agreer ent
as tT the latter compensation. He had
paid him money at various times and did
not think that he owed him any when he
quit helping him in December, 1910. AS
1t was not shown that Mrs. Abernathy
was partner in the business, the Court
granted a prayer eliminating her as a
co-defendant At the close of the case
the Court found for Mrs. Abernathy and
In favor of Mr.. Grant against Mr. Aber-
nathy, to the amount of $40.
WEDNESDAY,
Court met at $50 a. m, and it was ar
ranged 20 hear argument at IL a. m, as
TO whether its order in The Barnes Miller
Sheriff contest should stand as issued.
Albert Constable, Esq, counsel for Mr..
Barnes, said that he had sought merely
to obtain certified copies of the disputed
ballots cast, in the Sixth and Ninth dis
tricts and the Second Precinct of the
Third and not practically recount of
all the ballots in these districts, as the
order, in effect, required. H. M. McCul-
Tough, Esq, counsel for Sheriff Miller,
held that the order should be rescinded,
because Justice Gilpin had not attached
his seal or scroll to the notice given to
Sheriff Miller as to the taking of testi-
mony, as the law required He urged
,,tl t,,t .t.-
Election Judges before Justice Gilpin,
did not present material facts or definite
information as to ballots alleged to
have been wrongfully counted or reject
ed, to establish a prima facie case for the
contestant sufficient to warrant an cx-
animation or recount of the ballots or
opening the ballot boxes. at all. Mr.. Con-
stable contended that the boxes must be
opened to enable the contestant to estab-
lis'n a prima facie case. If he had such
O case, he need not ask for an examina-
ton. b-t could Ge,r-sni recount CT the