The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1915-12-18
Grand Jury
Petit Jury.

Grand jury. and the JurleS were con-
stituted as follows:
Grand Jury Petit Jury.
Dis Dis.
Emory c. Lowe. 81 Jesse Wooeyhan L
Foreman. William H. Brown. /
F. F. Myers ........ i Michael Sullivan. -. l
Thomas p Jones 4 William II. Baker .
I Alrrcd Cannan I William II. Salmon .
John j. Sullivan. q Henry George. .... z
Thomas NJ Price q Albert W. Caldwell. 8
petcr OFT 2I Lyman A. Spence. 3
Clinton NJ. Dunbar. 81 D. Harvey GroVes. -
James Uarshaw 3l George Ricketts,. -. 3
Rcdnrr Richards Al Joseph Clay. .........S 8
Arthur / Willis Washington Borland. 4
r n CalIahcr A Alexander Gregg. ... 1
7.verptt Jnnnrv " II Fred Armstrong. 4
Marion Rose w ii Charles b. Ulary. :. )
Andrey, Aikin...,.6 G George Cooper. ..... )
w / NcDouuaI Jr G. Charles r. f. Mearns ;
Nelson lanes. e Perry A. Gibson. 6
Isaiah Lawrence 7 Clarence II. Krauss. 6
William L. Tavlor, Z Edward c. Williams. :
Charles +. Kirk 8 Samuel Akin. ...,..l
HUGH c Schof S 81 John S. Beaven. r
William r. Smith 9 Samuel w. Miller. q
Alfred Churchman. " William b. Steel. go. I
Charles Fitzgerald. 3
OF the original jurors drawn, Her
man Smithson, Sixth; Frank Clapp,
Seventh, and Lyman j. Smith, Ninth,
were absent from the county and could
not be summoned, and Andrew Akin,
Sixth; Samuel Akin, Seventh, and
Alfred Churchman, Ninth. were drawn
in their stead. Of the petit jury as
above constituted Fred Armstrong,
Fourth, John S. Beaven, Seventh,
Michael Sullivan, First, Samuel W..
Miller. Seventh. and William b. Steel,
Seventh, were excused by the Court
on Monday.
The charge to the Grand Jury was
delivered by Judge Constable, and
after the jury had retired the docket5
were called, but few cases being set
for trial.
The first case called was the suit Of
George Clinton Logan VS.. S. Gatchell
and Harry X. England, trading as S
G. England and Son for milk delivered
to the England creamery, the same
case having been tried at the Septem-
bcr term and the jury having dis
agreed w. T. Warburton and Henry
Warbuton for England; VIM. S.
Evans and James f. Evans for Logan.
The defense set up that the firm of 5.
G.. England a. Son had been dissolved
prior to the date of the delivery OF
the milk and that the business was
being conducted by the Sanitary Mix
Company, of Wilmington, Del, which
concern had failed and was unable 10
pay its creditors. The contention Of
plaintiff was that no legal or sufficient
notice had ever been given of such dis
solution and that Mr.. Logan had de
.ivcrcd his milk ostensibly to S. g.
England q Son and was entitled to
recover from them. The witnesses for
the plaintiff We're George c. Logan,
Earle Ward and Ross r. Smith; for
the defendant, Theresa Owens, Henry
Miller. William Owens, Reginald Sim
pcrs. Howard England, Mark Floun-
dcrs, Jesse Slicer, S. Gatchell England
and Harry X. England. In rebutta.
the plaintiff called Abel J. Mearns,
Ross X. Smith, Alfred Churchman,
George Logan. Earle Ward. John z.
Faddis Cecil Dennison and Charles H.
Gatchcll
The case was not concluded until
about o'clock Tuesday afternoon
After few minutes deIiberation the
jury brought in verdict for Logan
for the full amount of his claim, with
accrued interest.
On Wednesday morning opened the
case of Earle S. Ward VS.. S. G. Eng
land & Son for $40 Tor services rem
dercd in hauling milk from the Eng
land creamery to Leslie station in
December, 1913 and January, Febru-
Ory and March, 1914. VIM. S. Evans
and james +. Evans for Ward; W.
r. and Henry A. Warburton for
England. Owing TO the similarity
Of this case to the one which
preceded it. the Court ordered
talesmen summoned to make up a new
jury. Counsel for plaintiff rested af-
ter putting Ward himself on the
stand and securing his testimony. The
witnesses for defense were S. G. Eng
land. Harry r. England, Jesse Slicer.
The plaintiff called John Faddis in
rebuttal of the testimony of S. g..
England. Mr.. England testified that
when Ward applied to him for the Job
he told him (Ward) that he had moth
ing to do with the creamery any more
and thus had given him actual notice
of his being out of the firm, before he
WARD applied to. and secured from,
Harry r. England the job of hauling.
Mr. Ward testified that Mr.. s. G. Eng
land had not given him such notice,
had simply said he had nothing to do
with employing someone to handle the
milk. Mr.. Faddis was called in rebut-
tai of Mr.. England's evidence; said
he was present at the conversation,
and heard Mr.. England say nothing
except 81 haven't anything to do with
MANAGING the creamery; that's in
Harry'S hands"
As the whole case hinged on the
question of whether S. G. England did
or did not give actual notice to Ward
that he was no longer a member Of
the firm, counsel argued at length
prayers along this line. after which
argument was heard occupying most
of Thursday morning. At o'clock
Thursday afternoon the jury came in
Continued on Fourth psge).