Evening journal., 1914-02-13
LEGAL FIGHT
NOW OVER The
WICCINS' COIN
Police Commission Asks Chan
CeLIOr to Determine Owner
ship Of $l,2l6.5s
ARGUMENT IN CASE
ON FEBRUARY "a

City Solicitor Daniel 0. Hastings
died In the Court Of. Chaneery this
afternoon bill Of interpleader IN
the case Of the Mayor and Council Of
Wilmington, the Wilmington and
Philadelphia Traction Company and
David s. Marvel, administrator of
Homer c. Niggins. The bill was pre-
sented at the request Of the Board
OF Police Commissioners following
special meeting Of that body at ii
o'clock this morning, when the COM
missioners decided to ask Mayor
Howell to sign the bill and have
City Solicitor Hastings ask the Court
of Chancery to decide who is en-
titled TO the $1,216.55 which has been
held by the Police Department since
September 30, 1913. OF this amount
S5607O was found on the body Of
Virgins anu the remaining S655.S0
was located in a yard at the home
of Virgins mother, Mrs. Lillian Nc
Dermott. Both the Wilmington and
Philadelphia Traction Company and
the administrator of Virgins claim
the money. The court accepted the
bill and fixed the time of argument
for February "a.
II is understood that the action
taken today was mutual. The Will
mington and Philadelphia Traction
Company is represented in the ac
tion by John r. Malloy and John W.
Brady. Walter Willis appears for
the Virgins estate. Since the death
of Virgins the traction company has
claimed the money found in the Nc
Dermott yard as well as that found
ON Virgins body John +. Jones,
the cigar dealer, at Sixth and Mar
Eet streets, whose place Of business
was robbed shortly before Virgins
death, also claims the money found
on the man.
Today's action by City Solicitor
Hastings puts up to the court the
question Of who is entitled to the
money and the city asks for an in
junction against the other defend
ants from taking action in the case.
The bill says in part:
To the Chancellor of the State
of Delaware: Humbly complain
ing, showeth unto your Honor,
your Orator. the Mayor and Coun-
ell of Wilmington, a corporation
OF the State of Delaware, the com
plainant above named, as fol-
lows: First-That the Whining
ton and Philadelphia Traction
Company is a corporation organ
lied under the laws of the State
of Delaware, and that David s.
Marvel has been duly appointed
administrator OF the estate OF
Homer c. Virgins, deceased.
Second-That the said COM
plalnant. through its Police De-
partment. on or about Septem-
Der %, A. ID. 1913, attempted to
arrest one Homer G. Virgins.
who had Heretofore been charged
bv the said Wilmington and Phil
adelphia Traction Company one
Of the above named defendants,
AS having stolen from It the sum
of s1.S39.21; that in the attempt
TO arrest the said Homer G. Wig
Gins he was killed, either by his
own hand or otherwise and there
was found in his possession by
the said Police Department the
sum of S5O6.75: that on the
same day an examination was
made of the premises occupied by
The mother of said Homer c.
Virgins. TO wit, Lillian McDer-
mott. In the city of Wilmington,
and two bags containing lawful
coin of the United States Of
America. amounting in the ag-
eregate TO the sum of S655.eO,
we're found therein, which bags
were marked "W. q p. II. Co"
and which were later identified
bv the said Wilmington and
philadelphia Traction Company
as being the bags containing the
said sum Of si,S39.21, stolen from
Il bv the said Ho. er c. Virgins;
that the date of the said robbery
from the Wilmington and Phila-
deiphia Traction Company was
tho tenth day Of September y. ID.