The daily gazette. [volume], May 23, 1882, Image 1

About The daily gazette. [volume] (Wilmington, Del.) 1874-1883

Image provided by: University of Delaware Library, Newark, DE

                
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Entered at the Dost office at Wilmington, Del.', an sccond-cUu matter.
WILMINGTON, DEL., TUESDAY, HVEA.Y 23, 1882.
vux £^ 2 l 2 £i
PRICE ONE CENT.
Ên^will broken.
a
w
it
it
It
lar
it;
to
a
it
In
on
it,
of
It
miry DECIDE against
|E J MR MULHERIN. -
cijoi or raBSE hotistoh.
Trial
Superior Court yMtenSy »«torn""
Ba| r ■/ a fool, tmmun-r of tin
;h ,\X tUi»"V v "' Le«»»"! (i ' Van :
j» »«at broUKht for tho non-payment
l ®' nonsuit wasentered, beraum; Mr.
to prove that the manager waa
5 ï Lily elected ululer the charter.
'"fvSltirrfft for the defendant.
*" J ' ,. m \ replevin suit, was that of
'"LfZid vs Barney Key bn Id and
? C1 ,wt, bailiff, «ray for plaintiff,
M ,ru.me for defendants. The
1178.48. Anthony Key
,D t l v virtue of a lease entered on the
irtv ofBtriiey Hey bold In the spring of
PÏÏâJÏ in«Id lease to pay the rent
L^Sthe wbest and corn and % of the
ï Iduct*. Failing to pay the right
LÏ w the revteloners say, distress was
t andthethlnge distrained replevied.
LXnlner,Solomon Fountain, Thomas
Ey. Solomon Deane and Isaac Janey
1M to the field containing 20 acres and
Eftirtng tbereon of 45 bushels to the acre.
ISein this ease is that the landlord
L„ eiceoive distress and consequently
Lunt brought suit. Several witnesses
(called by the defense who testified to
Mr division of the corn and butter,
lure this case was concluded court ad
ned until to-day at 0 p. in., and
irr the taking of testimony, at 4.35, tin*
n jury csine" in rendered a verdict that
f ||| j„ dilute was not the last will and
ment of Michael Doran,
nés H. Morrow of Seuford, Del., having
for the required
the :
i the requisite pape
und taken the oath to support tiie c
tiun wu» duly naturalized.
[HAKGK IS TUB DOUAN WILL TASK,
e charge of Judge Houston in the Doran
rue will lx* read with interest. It is as
tollmen of the Jury :—The case before
Uwhat Utermed in legal phraseology
me uftlensarit Pel non, directed ft» this
rt by the Register of Wills of the county,
luenuiue by the verdict of a jury, and
*, whether the proper
purporting to l»e the
will and testament of Michael Doran,
jw.l. is or is not Ills last will and tewta
1, which tiiat is purely a question of fact,
(e considered and decided by you after
■rely weighing ull the evidence now
h;you in relation to it.
Iiur|M,rts upon its face to have been
i ami executed l>y him, as ids lust will
totaiiietit. <m the 3d day of May, 1879,
Miformlty witli the requirements of the
It«*, hy hit« signing his name to It by ills
ï in the presence of two witnesses, who
iriix-d their names to It as such in Ids
rue«-: ami if nothing further apjieared iu
hut in regard to it, on the proof of such
to* by him and by the subscribing wit
(>. and tiiat they signed it as witnesses in
res iu c, it would Ik* your duty to decide
it was his last will and testament, for in
«tse it would not he incumbent upon
|r<i|niundeni of it, the defendants in this
reding, to produce any further evidence
tohlish it
it it is alleged and contended on the
rsitli* that liefere and at the. time of the
hur of it Michucl Doran was totally
1, that his brain was diseased, that Ids
ill and urtieuiath
Kl by it that lie could not speak
ttigihly, and both ids mental and phvsi
hility was such that he was incapable
»t time of making a last will and fcesta
t; and if after fully considering and
hing all the evidence produced on both
•Opou that point, you should not be
fil'd that he w as at tiiat time of a sound
fciinr mind and memory, in the lau
fe of the statute, it would Ik* your duty
ûdthut it in not Ids lust will und testa
t- And this renders it necessary that we
| ,,! *truet you as to tiie import of these
[*of the statute, and that intellectual
leness alone or mere weakness of the
«•standing, or u partial failure of mind
fcoory, or even a failure of mind
considerable extent, whether it
■ the result of disease of either
the body, or both, or of any
mi.**, is not of itself such unsouiul
Iu '"d hi contemplation of the statute,
, l '°*>rtitutc a sufficient ground for
'it aside a
the
the
the
jury you
nir im iw lx*fore v
of
in
si
his last w'ill aud testament.
as so much im
talk
be
pit ural
of
. - .dll II there still
m3 . U,, it mi, 'd a»'i memory to
c the maker of it to comprehend ami
Ih i i l rî l,al * h ' Wwö doing when he
l * • II in* was able to understand that
'uutoixfcinjrofhig ( . MtttU . by h , 8 w fl| f
»I. i)" ln was disposing of it, how
uk " r '''' his Ids intellect might have
able to make a will. Tiie
- so much as to the degree of
J memory possessed hy him us tills,
lu. ù a,m • 1 ul roc ')lleeting what prop
,li a! ! '"■'posing of, and to whom he
nnrv* 11 ? were his mind and
» • , '' ( *' l 'Htly sound to enable him to
as ».'I • u !' l , tan, l l*he business iu which
»•in 1 * 1, i w, "' n lie executed it in his
,3 ' " , " 1 h sUim eut I Then,
i flr'i ll . ll | lUlll I ,1,lti on o f law of making
lim .> i : ,,u ' ntu ' capacity merely at
^htaiuhrua this inquiry; for if
nM.V' y t, V ee I >ti °n practiced,
«1 thnu'T ï,. lc Influence exerted on a
»V iÜmV " ft,| d impaired by nature
W,i,.o U,,a which it was too
rh th, ,n r; to detcct or to remit, and
* nibriif 11 »^ ,la 8tro,| ger and sounder
i|,l Ä ]m f done, then tiie result
' itTwIse, and it would not be his
11 testament.
MW,! 1 ! 0 tlut >' or my promise, and
iiiilii. 1 .« 101 l m, l H » M * 5 1° comment upon
»'.hir e M Ctt8t j M» far at least, us
rt imil , ■V wr inflicting In its char
* W'l.it ^ 1 Meuve it to you to consider
[.«ml if ,. . i*> reconcile it if you
^ Vy cru dit ft) that
in tlm ^ Äet * tt,ld circu mstaneea
11 ciititiïi. T ,Utt y 8ee m to you to be
'Him.i ft, r * I ,UT( ' i8 » however, an
iS* JL i "Parent upon the record of
' Uh* legal effect and operation of
s 'lit r ï, 1 '* 1 " ur to exp"afnto Îou
Hmt the pereon, Daniel
i, * he drew the Instrument now be
M,, ( "'tte last Will and testament of
it who procured the witnesses
lnH' tl" U| ,*' ri " ,t ' , " u 'd the execution of it
» and air' 11 ?* ol "early one-half of the
rlIn u.i.a.î 11 ' 1 " 1 ''State disposed of in it
""'«•I th.. U .' thl ' u 1» admitted by Ills
«I 1 a, u: , "«""d ill no relation of kin
F*at it al e «" r an, the maker of it
nif»ettv. tt|,1M ' ar8l,levl< *enœasai. undlsl
^"iiil .**'!' uu ' '"terestlu the real and
l*t* (Jo, " ,1 Ç vU «l to Join. Doran, a
0 llf Iiis ni,' 6 " lati, r . ""d the residue to
" i» also in proof and
î'«Ü,imt l !Lt" , 1 ,;" b,,nd whu " lu '
a,r s wi| l "a*.wulov*FT r
, voice |,v ti,„ i V" b. an ordinary
A™ by ''ill, to sidlscrihe'b li'tl',
Stoeeklc and^Tlmmas
*">* in bed oflt * Michael Doran,
"Ï him before it was
My "fterw an i a , read y sifted, and Imme
ft subscribing wit
* % ,hU Ä ÄÄ SÄ
it
• l„
Is not
or un
v- ■ :
1 i* in it
kind, ami somewhat analogous to thi» In
the facta ami circumstances which charac
terised It, that the party or parties to a pro
ceeding such as tliia, who allege ami seek
set up and establish the paper in dispute as
a valid will, is l>ound to prove to the satis
faction of the Jury that it was made as a
will ami with a will, by a party capable of
doing the act, having the knowledge that he
w as doing it and having knowledge of the
contents of the pa|>cr which professes to be
the evidence of his testamentary pur{>oecs.
In that case, as in this, the maker of it was
atliictcd with a great defect of vision,
although not totally blind, for he could read
writing with the aid of double glasses, but
proof in that case that he
either read the paper puri>ortlng to be his
will, or that it was read over to him in his
presence by another before lie signed It, and
it was executed ; but the persou who drew
it and sui>crintcndcd the formal execution of
It took a direct and valuable pecuniary in
terest under the provisions of it and was
made executor of it, in lnith of
which respects it was strikingly simi
lar to this case, and
court in that case said to the jury in
reference to these particular features of it
that it is not essential in any case to lie proved
thut the will was actually read over by or to
the testutors, if there lie other evidence sufil
cieut to satisfy the jury that he was made
acquainted with Rh contents. A blind man
may make a will, und a valid will may be
drawn by a party taking an Interest under
it; but the blindness of the testator, or the
interest of tin* party drawing und attending
to the execution of the instrument, are cir
cumstances tending to put the jury on their
guard in scrutinizing the evidence which is
offered to show that the testator had know
ledge of its contents. But if evidence Ik;
given that the testator was blind, or from
any cause wuh Incapable of reuding it; or if
a reasonable ground is laid for believing that
it w'as not read to him, or that there was
fraud or iiiqioHitinu of any kind practical
upon the testator, it is incumbent upon those
who would support the will to meet such
proof by evidence, and to satisfy the jury
either that the will
contents of it were known lo the testator.
In all cases the burden of proving the will
on an issue like this to the satisfaction of the
Jury, is imposed on the party proix)uncling
it, und it is in general discharged by proof
of capacity, and the fact of execu
tion, from which the knowledge of
and assent to, the contents of the Instru
ment by the testator is assumed; and
It cannot Ik* that the simple fact of the party
who prepared the will, being himself a
ï und under ull cir
to
his
it.
to
loss
vise
in
ing
It
his
be
and
the
but
the
of
and
to
we
case
as read,
that the
A
day
the
legatee, is in every e
eumstanees to create a contrary presump
tion, and to call upon the Court to pro
nounce against the will, unless additional
evidence is produced to prove the knowl
edge of its contents |»y tin* deceased. All
that can be truly said is, that if a |x*rson,
whether attorney or not, prepares a will
with a legacy to himself, it is at most a hiis
pieioMs circumstance,of
g to the facts of each particular
* of no weight at all, as in
the ease of a trilling bequest out of a large,
estate, hut varying according to the cir
cumstances ; for instance the quantum of
the legacy, and the proportion it bears to
the pro|x»rty disposed of and numerous
other cputingoncles ; hut in no ease amount
ing to more than a circumstance of sus
picion demanding the vigilance, cure and
circumspection of the court investigating
the case, an«l calling upon it not to grant
probate without full and entire satisfaction
that the instrument did express the real in
tentions of the deceased. Darin ct. al, »*.
And as was further
tiie
man
to
and
then
lied
by
told
$500
He
the
the
and
was
the
the
of
of
of
his
le
eight,
; i
Roi/I li , I Haunt 94
said in that case hy the Court,
say to you in this ease,that
of tills alleged will tiwik u
nearly one-half of the real estate owned and
disposed of iu it by the maker of it, the
personal estate amounting to hut little in e
parihon with it, although both estates were
small, the extent and force of which the
jury must judge of, in estimating the
amount of suspicion that this ei rein list a nee
'er this ease, and tin* corresponding
necessity it produces of evidence ft» he re
quired in addition to the act of its having
•ad not to the deceased particularly,
hut to those then in the room generally,
consisting of the persons there assembled to
witness it, aud the maker of it then lying
in ids bed and the draftsman of it, and iu
addition ft» the act of its formal execution
si k»ii afterwards, to satisfy the jury tiiat
Michael Doran, the maker of it, had knowl
edge ol* Us contents.
As to tiie objection raised to the validity
last will and testa
the ground alleged hy the plaintiif
pro
list
the draftsman
devisee in fee
throws
be
of thi! instrument
ment
the contestants iu this ease, that it w
cured and caused to be made by deception
practiced and undue influence exerted by
both of tiie defendants on the maker
jK-rsons
capacity and creditability
considered. And where the will is written
by a person who is to be benctlttcd by it, or
where improper influence Is imputed over
a testator of doubtful capacity, stricter
proof will be required ol volition and
capacity, as well as of the statutory requisite
ft» the formalexecution " fl t* »o
are at liberty to regard evidence of the testa
tor's previous purposes In relerenee to his
testamentary imposition, and of his known -
affections and preferences, as operating on
the mù'tlon 'wlietlwr the instrument pro
pminrte.l b. or 1 b not his will. Hutton v. Hut
turn t ut S Iturr ir,y.
of And wè therefore say to you that on this
question of undue inlluenee or deception
alleged in ti.ia ease it will tie your duty to
consider and weigh all the evidence produced
m. both sides as to the mental and bodily
condition and capacity of Michael Doran at
the time this ii.str.ime.it was executed, and
on that day, and both before and afterwards
up to tiie time of his death live or six days
atterwnrds, and reconcile any diserepeney
a which occurs III it, and if not then.it is your
to duty, as I have said before, to give credit to
that portion iff It which may seen, best
lu ' entitled to it in your judgment urn ei: « j "
facts and elrcumsU.mes sutisfat tortlyproveU
to your mimls ill the ease. It will also ut
ï " U r i, T i rr i t;:!:i,t 1 ;;'!i::,»
"" ' i'' 3 M,,! I.ori,! ". t"no to
bav"h'ad over the mind and testamentary
disposition ot' Mieliaol Doran when It WW
was made and signed by l,i,„, and whether it
was acquired by solicitation merely, as has
wit- before been deilned, or by any undue
SÄ testimony of I
one or
of it in his last illness, and only a few days
before ids death when iu* was very sick, and
,'cak and feeble both in mind and body,
either to comprehend, suspect, or resist, and
it will he for you to say from all the
evidence in the ease how far tills objection
has warranted and sustained by it. Tiie
general doctrine of the law on this subject
inis also been well stated in another and
similar ease in this court iu which it w
held tiiat
fielen t to vitiate
having a knowled;
and intending to do it, although ids act may
be brought about by solicitation, or that
kind of Influence which a disposition ft»
gratify another may produce. But if from
imbecility a testator could be induced
to make ids will contrary to ids intentions
and against Iiis
undue influence, and its effect ui»on a doubt
ful or fluctuating capacity would invalidate
tin* will. On all these points tiie age and
bodily condition of the testator, iiis con
ami circumstances, his known
, and tlio curre
to
•re solicitation will not be suf
wiil made by a person
of what he was doing
a-«'
n wishes, that would be
dit ion
affections and preferene
spondenee contradiction of tin* will to these
, tiie manner of making it, the
round him at the time ami their
•e ull facts to be
utlectii
Jolin Doran on that point, to consider
how it could have happened that
when Michael Doran requested him
to go for Daniel Mulherin to write
his will, and lie suggested to him that it
would be better to
it. he replied that
Mulherin
get a lawyer to write
he would rather have
do it, because he would charge
loss for writing it, if he then Intended to de
vise so large a portion of his estate to him
in the will, how far such a reason for send
ing for him could have been consistent witli
sueh an intention in a rational mind then
eapable of making a will. And also why
It was, if you believe the testimony of John
Doran, that soon after the instrument had
been executed and Mulherin discovered his
surprise ut the large devise in it to him,
Mulherin told 1dm he would transfer all
his interest in it to him, and tiiat his name
should not appear in connection with the
will, and whether there might not have been
under such unusual circumstances, some
such assurance also given to the linker of it,
Michael Doran, when he was drawing it for
him. And also the declaration of Mulherin
after the rupture of their friendly relations,
proved in the case, that if it hud not been for
him, the maker of it would not have left
him, John Doran, one dollar- For if all this
be true, and you are the sole judges of that,
and particularly the declaration last, ad
verted to, the circumstances under which
the instrument was drawn by him w'ere not
only in the highest degree suspicious, as lie
must have hud not only an undue
but an almost unbounded influence over
the maker of it in the matter of
disposing of his property by the last will and
testament in the condition of mind and
body he then was. As to the residue of Ids
estate given by this instrument, consisting
of a little more than ohc-half of it, to his
nephew of John Doran, und ids two nieces
named in it, it ap|K*ars to lie In accordance
with Ids natural affections, so far as they
have been disclosed in the trial of this case,
and the previous declaration proved to have
been made by the maker of it some years
before, that he would never give his property
to strangers. And with these observations
we will leave the question iuvolved in the
case to your determination.
AN INTERESTING SESSION.
A Cowardly Rough,
a Smart Boy Before the Mayor.
John Dugan was give
evening before the May
uuprovoked attack ui.
corner of Third and \
day afternoon. The affray, 1
nesses, was
Hunt aud David Dodson
the office of tho Diamond Stale Iron C<
Third street, us Duganc
Umlutiful Son and
a hearing last
charged with
officer Hunt at tiie
Vulnut streets y ester
told by wit
; iu every respect,
'ore pa.-sing
•owardly «
• around
tiie corner. Tin* latter threw Ids
Ml
around Hunt's neck and without saying a
word struck him a blow in the nose,partially
stunning hint, when he hit him again in the
same place. Dodson Interfered and grabbed
Dugan's arms. Dugan endeavored to kick
DikIsou hut was thrown to the ground in the
attempt, DikIsou holding'him down. A
man named Hanley eaine tip und endeavored
to kick Dodson in the face, when he arose
and went to Huut. Dugan and Hanley
then had a dispute and the former finally
lied ou board a sloop at Fourth street wharf
from where he was taken oil* in a row' boat
by a hoy. The stoy of his capture w
told in the Gazette last evening. The
prisoner was fined $10 and costs and held in
$500 to keep the peace.
Martin McDonough, a hoy of 14 years was
charged with aiding a prisoner to escape.
He was tho boy who procured a boat from
the east end of tiie bridge and rowed ne
the stream to tho sloop, taking Dugan oft*
and going down the river with him. He
was ordered to stop by Officer Taylor, hut
kept ou ills way, although tiie officer fired
three shots at him from a pistol. The hoy
created a ripple at the hearing by replying,
when asked if he wished to put any ques
tions to George W. Todd, a witness against
him, tiiat "I didn't, do anything except take
the prisoner away." Tiie Mayor adjudged
the lad guilty, telling him tiiat iiis crime of
interfering with the officer in tiie discharge
of ids duty was as serious an offence as
of Dugan's. He therefore lined him $10 ami
costs.
James Walls, an uncouth-looking fellow',
about 25 years of age, was charged by his
aged mother witli having assaulted lier,
hitting her twite, besides threatening to kill
her. James also demolished about $3 wortli
of dishes, ruined the cofle pot and other
household articles aud wound up by tearing
his mother's clothes. The old lady swore
that she was afraid of her son and never
wanted him to come in her house again.
James showed no remorse ut all at his un
dutiful behavior. He was fined $5 and
costs and held in $200 ball to keep the
that
peace.
nope Council
arrange
Friday evening.
Wilmington
Kank, K. of P., will give an excursion
Atlantic City, July 27.
A warrant has been issued for the arrest
f . . Morrison, who stole a watch from
mall OI i Saturday evening.
- » . T . „ i * will
1 Th ®° r . a > Invincibles or1 hilath ipliia win
take the Harmony Cornet Uuud of \V 11...
toil with then, to New York on Deeoration
-
James Kennedy of the Sixth ward and
William J. Haggerty of the Ninth ward, arc
to said to be applicants for tiie position oi coal
oil inspector.
Anew "catch"station hasbecnestabllshcd
at by the railway mall service on the Wilming
tm. À Northern railroad at Scarlet -Mills,
miles below Heading.
Rev. F. B. DuVal lias been appointed
t , K . , lel ,eral Assembly of the Presbyterian
ch h , n 8u88 | oll f u Springfleld, III.,
to Im , ni | R . r ,,| the speclul committee on minis
terial relief.
" Yesterday morning engine No. 221, draw
a freight train, rat. into the end of
ut the Central division of the
W.* B . miml, ..ear Landed,.«,,. The
to engine was slightly damaged and was brought
"''o Laite has soil) the twc-stcry
WW • ^ 905 West Sixth
it Mk 1 ^'|" ,ger> Patrick Griffin
has st , S two-story brick house.
B. Bcry?*
of I Mi l
The Fame In Norristown.
To morrow w ill l»e a gala day in Norris
town, ami the Fame boys are to have a
liberal reception. Arrangements for tiie
parade have been completed, and the route
will be as follows : Form at 3 o'clock on
Main street, facing south, right resting 011
Swede, and will move promptly at 3.05 up
Main to Chain, to Marshall, to Cherry, to
Main, to DcKalb, to Penn, to Swede, to
Airy, to DeKalh, to Elm, to Swede, to Main,
to Ford, countermarch to DcKalb, and dis
miss. The route will be about four miles iu
length and takes in ull the engine houses,
which will be appropriately decorated.
Germans Enjoying Themselves.
The entertainment of the German- Ameri
can School Association in the ilerdmau
Building lust evening was well attended.
Two plays were given, in which Miss Marie
Streissgutli of Philadelphia took tiie prinei
She was supimrted by
of the German Library Association
.'are Sængerbund. Dancing
pal characters,
members «
and the Del
concluded tiie evening's enjoy
*nt.
LOCAL LACONICS.
No. 2 have completed
nits for its visit to Chester on
Division No. 1, Unifor
ONE DAY'S LOCAL NEWS.
the
a
for
of
in
of
DOINGS OF NOTE WITHIN THE
CITY LIMIT8.
THE DE00EATI0N DAY TBOUBLES
Business Transacted at Last Night's Kegu
Hesslon of the School Hoard—Increased
Cost of Running the Schools.
At the regular meeting of the Board of
iig, President Baird
Committee presented
Education last evenln
presiding, the Finance
the following report :
The Finance Committee would respect
fully report the estimated cost of running
the schools during the coming year as fol
lows :
.961,296
. 6,745
. 4,801)
. 4,125
Salaries.
Books and stationery.
Repairs.
Fuel.
Gas, water and insurance.
977,666
It will require much more money to run
the schools the coming year than It did the
present year, from the fact that a large
number of our school houses will require re
painting, more especially outside, and the
tin roots in addition to which we will have
three additional school houses to provide for.
8. F. Betts,
B. R. Hkim.eh,
N. R. Benson, Jk.
The report was accepted and ordered to he
sent before Council.
Pending the call of committees Mr. Kyne
arose und asked to be excused from the Com
mittee on Elections and on No. 20 (the only
committees he was given a place upon.)
There was nothing to be done on the first
named committee until next year, and Mr.
MeKeuny was on No. 20. lie was excused.
directed to lie ilrawu in
favor of the Building Committee of new
school No. 10 for $ 1,195 to pay for curbing,
grading, paving, etc. The Building Com
mittee of new No. 10 reported the buildiug
about completed ami
for the balance due the contractor, amount
ing to $7,921.09.
Mr. Kenney, from the same committee,
presented a letter from ScJdel «Sc Hastings in
relation to the drainage of No. 19.
letter stated that the Board would lie
allowed to lay a drain pipe 12 inches in
diameter through their works, at about
where Tenth street extended would he to
Brandywine and that they (the firm) would
want the right reserved to tap the pipe for
their own use when it might be cleuirable.
The committee was authorized to accept the
proposition and advertise for proposals to
lay the drain.
The committee to consider the change in
the location of the High Behind made a
report in w hich was suggested the propriety
of removing 300 pupils, comprising the
High School classes, with tiie highest gram
mar grade to a separate building and use
school No. 1 lor a grammar school exclu
sively. Next September tiie report stated
there will be several hundred more appli
cant for seats iu the grammar school than
he accommodated with tiie present
arrangement,
tieular loeatii
after
suitably large for a high
for a moderate sum.
accepted.
Mr. Conrad, chairman of the Committee
on Contested Seat» ,o,h»hM tuai. ....
was yet ready, owing to the fact that George
Gray, Esq., who had been asked for a writ
ten opinion upon the ballot question, had
not been able to prepare the opinion. The
committee therefore was not ready to report
any eases.
The Committee on
favorably
amounting to $72, aud they were ordered to
be paid.
Dr. Morrison, for the committee ap
pointed to consider the case of a complaint
against a teacher of No. 5 school, for al
leged cruelty to a child, presented an elabo
rate report sustaining the teacher In every
respect. The report was adopted.
Treasurer Morrow presented the following
financial report which was accepted:
Received and deposited in hank from Col
lector Thomi mon of the 19th district, for
•s collected 1881, $319.35. Amount of
•s received $340.03, errors allow ed $20.71,
balance $317.35.
Balance in batik M
Paid bills and payi
Deposited Iu bank, May 13,19th district
Total.
of
it
if
at
of
it,
It
a
A
order
der was drawn
The
a
A
in
of
can
The committee had no par
ti» rce
suitable lot is
mend, hut thought
«cured a building
school can be built
The report was
Election reported
hills for holding the election,
. 918.173 44
6,722 27
31U 35
iv 1. 1882.
»il, May 8
912,170 62
jc'tbonds 4u,uuoU0
Received of City Council
lot, building No. 18.9 4.980 10
•• ** 19. 13,610 76
" 20. 11,236 76
Paid
to
» whft .... ftt No
a dames Skillings, who eats at No. 105
King street, came to that house last night
will drl,,,k ' 11,1,1 Hmli,lg th ? , door lock . ed b . ur8 { 1
win an( j went up stairs, carrying in his
h ' aIld tllc hllll(1 i e of a boot tree. John A.
Ue} , n()Ul6 tea,hied this morning at the City
Hall to the above facts, adding that Jarnea
and threatened to kill him, and had often made
arc the same promise before. Skirtings was
coal lined {« and costs and held in î 4 2l>0 bail to
keep the peace. On the Htli of tiie present
mouth he was lined for a similar offence.
1 * **" ", ~
hi Hi.ipnie.it ».r strawberries.
Up to this morning at 1 o'clock 75 crates
by of strawberries bad been shipped tills season
over the 1*., W. A B. railroad from the
a Hasten, shore. Next week 1(H) ears will be
sent down the road lor the purpose ol re
eeiving berries. ^
draw- A Pleasant Tiling In Prospeot.
of a T , , d , , Allxtl | ar y Port» of DuPont
P., K ,, * J musical
The entertaininen taml ponndparty t.Mnortw
uvun ,, 1Ki tlie headquarters of the post,
r<l » m No - 18 ' MeClary Buil ding.
Sixth Uniform» Arrived.
The handsome new uniforms of the City
Cornet Band have arrived, and prove sutis
SitorJ. X members will don toen, on
I *eo2tU» Day.
929,838 60
a
tiie
on
011
up
to
to
iu
910,161 4U
. 913,770 52
10.161 40
2,609 12
Balance In bank to «Inte —
»• to credit buildings
«» ** «• current expenses...
George W. Thompson was reappointed
collector in district No. 19.
Mr. Morrow presented tiie following reso
lution which was adopted :
Resolved , That whenever any subject porta In
to instruction or discipline in the schools is
_dor «liseussioii the superintendent shall have
the privilege of making explanations to the
Board.
Mr. Willey presented a resolution that
hereafter in transacting miseellane
ness tiie t
Adopted.
Mr. Conrad tendered Ids resignation
member from the Firth ward.
lug
busi
•iiools be called in numerical order.
by
It was
accepted.
,'ns authorized to have
The committee
200 blank certificates and 1,400 blank
monthly reports printed.
Repairs were authorized at schools 18, 12
ami 8. The committo of school No. 19 was
authorized to employ a janitor.
OltDKKS.
During the evening orders were drawn as
follows : ^
George W. Thompson, $40: No. 19 Com
mittee, $1,195; No. 20 Committee,$7,921.09 ;
Mr. Denney, janitor of No. 19, $2; election
officers, $7 '
on
A Shoonuiker'M Threats.
A GRAND ARMY SPLIT.
The Two Ports in a Huff and Will Not
Turn Out Together on Dee coration
Day.
On Decoration Day Wilmington will have
the novel sight of the two Grand Army posts
here turning out in separate parades, and
there will be a sort of a dual programme ex
acted in the street and cemeteries. There is
a split In the Grand Army and a good bit of
hard feeling, which has been smouldering
for a long time, has flared up considerably
of late.
The trouble dates back to Decoration Day,
1881, when, it will be remembered, there
was much unpleasantness over Watson Poet
No. 5 of New Castle. Watson Post was
invited to attend the ceremonies here and
turn out with the local posts. The mem
bers objected to taking a position in the line
behiud Sumner Post No. 4, (colored) which
in numerical order w as entitled to the place
ahead of them, and on being refused
position with Smyth Post No. 1, went out
of the liue aud had a little parade on their
hook.
This caused considerable feeling on part of
the New Castle visitors. They had lieeii
jointly invited by the Wilmington posts, and
bad also received a private Invitation from
Smyth Post. It
wished to accept and march with Smyth
Post, when they formed themselves in the
rear of the colored veterans, and it was
DuPont Post which objected to any such
tiling.
DuPont Post members blame Past Depart
inene Commander McNair with causing
most of the trouble at that time and pro
moting it ever since. On Decoration Day
DuPont Post will turn out with the local
companies of the First Regiment and Smyth
Post with the Wilmington Division No. 1,
Uniform Rank, Knights of Pythias.
A METEOR.
mons
sion
ness
•aid
will
that
bill.
to
as
very
Mr.
plied
land
the
He
of
the
got
aud
a
?;et
had
the
vote
the
the
ol
of
of
it
this Invitation they
Some Facts Concerning the Comet Now
Visible to the Naked Eye.
Our local amateur and professional
astronomers are all agog over tiie approach
of the new comet which has at last made its
appearance to the naked eye. How long
it will in; visible without glasses cannot he
predicted with auy certainty, for comets,
* erratic in their
wanderings through space. The present
tailed-meteor was first noticed by the eye on
Wednesday night last at 9 o'clock, almost
under the pole star and almost exactly half
way between that s*tar and the horizon.
At 10.30 o'clock to-night it may be seen,
if the sky is clear, iu nearly tiie. same place,
its altitude at tiiat moment being 20 de
grees (nearly). Before 10.30 it will be seen
at the left of the meridian (north) and a
little higher up ; alter that time, to the
right, a Tittle further from the horizon. In
other words, its apparent diurnal motion is,
for the day, around the pole, at the distance
of 22 degrees. Its appearance is that of a
nebulous stur, nothing as yet striking about
it, as we are not in a jxisition to see its tall.
It is estimated to be about twenty-live times
brighter than at the time of discovery. The
great show, if the comet il<x*s not disappoint
the prophecies, of which there seems to be
a chance, will Ik* after its passage of peri
hclion. The middle and latter part of June,
"errors excepted," ought to bring a spectacle.
OF A POLITICAL CAST.
at the best of times
Nominations of Democrats In the Eighth
Ward—A Humor Denied.
The rumor that Peter J. Ford, the Third
«■rd nominee for the two-year term had
r,
Taylor, who declined renomination, is posi
tively denied by Mr. Ford.
The Eighth ward Democrats met in the
rooms of the Ba
and nominated
Council. John Quinn
Inspector for the Southern district and \V\
Bayard Wilmeras assistant; in the Northern
district Andrew Jeandell was the choice for
inspector und Daniel Atkinson for assistant.
A11 enterprising reporter on a Wilmington
morning paper tried a little key-hole report
ing of the meetiug, but was given an em
phatic invitation to leave. And he (lid, but
returned again only to receive a more decided
dismissal. lie then gave it up.
The Seventh ward Democrats will meet
next Monday evening at 8 o'clock at the
corner of Tenth aud Orange streets.
REPUBLICAN BULLDOZING.
How Coroner Weldin*» Tickets W
stroyed by the Party Managers.
Coroner Weldin's friends
treatment he received at the hands of the
Republican managers. They claim thut he
w as deprived of the nomination by an under
hand way, and that ids tickets were taken
by friends of the opposition candidates and
destroyed.
"It was no particular candidate working
against Mr. Weldin," said oue of tho Coro
ner's friends to-day, "but the whole gang of
party w orkers, and they have choked ott
honest expression of the people's desire.
Hundreds of his tickets were destroyed, and
win» were paid to look after his inter
ests pocketed ids money and w orked against
higher fee from the other Bide. I
tell you it was a cowardly combination
against the old gentleman."
Coroner Weldin, when called upon hy a
Gazette reporter refused to say anything
as to whether he had been bulldozed as
charged
o r Mur
yard Legion last evening |
William McMenamin for
nominated as
tell
the
his
his
De
the
to
the
sat
his
I
mad ut the
1
his
A.
to
Tl.ose Hotten Potatoes.
The recent dumping of rotten potatoes in
large quantles into the Delaware, near Dela
war e City, lias created considerable ot a
Bme || among shippers and others. Ind.ea
the t lollH arc that nothingcui.be done to the
be captain of the steamer Mark Lane, who bad
re- been directed to take the potatoes to some
isolated spot and bury them.
The Tl.lrd street Itridge.
Tho bridge committee of the Levy Court
met this morning to consider the Third
s"tect bridge n.a^ter. The results of the
meeting wi ll appe ar in our next edition.
Th( , 8upr ,. Inc court of ^ Missouri lias
decided that a recent law of that State niak
lug fabling a felony is institut ona and
has Issued a peremptory mandamus to lom
on pel the trial of gamblers Indicted by the
him for
not.
WILLIAM MERRICK DEAD.
His Demise this Morning—Typhoid Fever
the Cause.
of John Merrick,
William Merrick,tiie
Ml-known carriage man, died this
morning at 4 o'clock at his residence, on
Market street above Eleventh, of typhoid
He bus been ill for five or six weeks
fever.
an«l has been confined to his bed for about
two weeks. The funeral will take plaee on
Thursday next.
Mr. Merrick was 24 years old. He was
very well known in Wilmington and had
many friends. He was married four or five
months ago to Miss Whitmore, an estimable
young New York lady.
It
as
;
Prizes Awarded for Drilling.
Company A, American Rifles, met in their
armory last evening and engaged in a
petltive drill. Col. Wood and Lieut. Bab
cock acted as judges and awarded prizes
follows : First, to Private William Jackson;
second to John McKelvey ; section prize to
the third section. Tiie company was drilled
first as a whole by Captain Mitchell, and
then separated into three actions and drilled
respective sergeants. Tiie sections
w'ere also drilled by Captain Mitchell and
drilled again us a whole.
by tue
the company w
A short silent drill lbiolwed the competitive.
TUB REPRESSION BILL.
Resuming Debate In the Commons—Mr.
Gladstone Speaks.
London, May 22. —In the House of Com
mons to-day Mr. Gladstone announced that
to-morrow he would move that the Repres
sion bill have precedence
ness until Its consideration is concluded. He
•aid that if he finds that it is necessary he
will afterwards ask precedence for the
Arrears of Rent bill. Mr. Parnell gave notice
that he would move to-morrow that Mr.
Gladstone's resolution in regard to the re
pression bill shall also apply to the Arrears
bill.
-'rail other bo
the
tiie
all
or
Mr. Sclater-Booth,Conservative, moved an
amendment declaring that it is inexpedient
to charge the consolidated fund with any
jayment for arrears except in the form of a
oan. He described the Government's plan
as communistic aud demoralizing.
Mr. Gladstone then moved the second
reading of the Arrears bill. The House was
very crowded when he made Ids motion.
Mr. Gladstone said it is impossible to compel
people to borrow, therefore the money sup
plied by the Government must be a gift. lie
stated that there are 585,000 tenants in Ire
land paying under £30 rent (Grifllths' valua
tion) aud of these 200,000 are excluded from
the benefits of the Land act by being in
arrears. This, he said, must be remedied.
He admitted tiiat the proposal was extra
ordinary, hut
Mr. Forster testified to the general leniency
of landlords in Ireland, though there were
iudividual cases of hardship. He said it
would he of interest to landlords to reduce
the number ot tenants. If the poor teutffits
got a fair start they would become fewer
aud better oil', and wretchedness would no
longer furnish an excuse for agitation, lie
believed that many landlords would uccept
a small compensation from tenants in order to
?;et the Government's grant. He strongly
avored the grant taking the form of a gilt.
Mr. Trevelyan said the bill would give
tenants the great advantage of a fresh start,
with a feeling of independence, which
probably neither they nor their predecessors
had ever before known.
London, May 22.—Mr. Chaplin moved
the ajourument of the House. After a
warm debate the motion was rejected by a
vote of 272 to 135. Sir Herbert Maxwell
moved tho adjournment of the debate.
Gladstone said that, in view of the opposi
tion, it was hopeless to proceed, and he an
nounced tiiat lie would take up the bill iu
the momiug sitting on Tuesday instead of
the repression bill. Adjournment of the
debate
At a meeting of the Irish Parliamentary
party, over which Mr Parnell presided, the
secretary was directed to telegraph all ab
sentees to attend the sessions of the House
ol Com limns to oppose the Repression hill.
Messrs. Darnell, Bex ton, llealy, Leahy and
and Dillon were appointed a committee to
draft amendments to the bill. Tills signifies
strenuous resistance ou the part of the Irish
lueiube
Mcledy, aged 14 years, one of the persons
shot in the collision between the police and
eitize.
rejoicings over the release of the suspects,
died yesterday.
A loaded gun has been found at the door
of Mr. Lyons, Liberal member of Parlia
ment for Dublin, it is suppose tiiat it was
placed there as a warning.
The Daily Telegraph says : The authori
ties have received information affecting the
lives of several well-known politicians in
London. Police are guarding the residences
of all ministers.
A dispatch to the A Vira from Dublin says
it is surmised that Mr. Davitt intends lo
leed to America immediately.
THE ASSASSIN HOPEFUL.
the State of Ireland.
■
A
of
to
Mr.
then agreed to.
to the hill.
at Bulliua on May 5, during the
pn
|
Even flic Supreme Court's Decision Does
not Scare Him.
Washington, May 22.—Charles II. Reed,
Guiteau's counsel, visited the juil to-day to
tell the prisoner that his last chance was
lost. He found Guitcau contentedly eating
dinner in his cell, the repast consisting of
the usual prison tare. He was dressed with
his usual care and w as looking well. He
had not heard from the court, but received
his visitor with a smiling salutation. Mr.
Reed then said :
"I have just come from the court in bane,
which has affirmed your
viction."
"On what ground?" asked Giliteau calmly
and without the slightest appearance of
nervousness.
"They sustain the right of jurisdiction on
the Common Law and they did not profess
to find Statutes which supplied thc.defeets in
tiiat law," replied Mr. Reed.
"Well, what do you think of it ?" asked
the prisoner, after a moment, und Mr. Reed
sat down and conversed with him iu whis
pers.
Subsequently Mr. Reed declined to dis
close w hat steps he proposed to take. He
does not care to have the matter discussed
before it is undertaken but says he w ill make
his next move some time during the present
week. It is believed, however, that he
expects hy some proceeding ft» secure a
hearing before the United States Supreme
Court.
There will be no especial change in the
care of the prisoner in consequence of this
decision by the court in bane. Fewer
visitors will he permitted to see him and the
death watch,which was placed over him
the day sentence was passed, will he main
tained until June 30—the day fixed for his
execution.
or
at
a
utence of con
wc
PHILADELPHIA NOTES.
the (Juaker
Interesting Nows Items F
City.
The May term of the United States Dis
begun yesterday, and the
triet Court w
Star Route mail conspiracy e
tinned until next Monday, owing to the
absence of one of the counsel for the ac
cused.
The School Directors of the Twenty-fifth
•ed to tiie report of a
•rating f
section last night aj.
special committee c
potency T. W. Worrell, principal of
the Irving Consolidated School at Brides
bU (Jars of the Market Street line, bound
west, have commenced running over the new
Market street, west of the ridge,
ork of tilling up the street proper is to
begin to-morrow, when all travel, except by
ears, will be stopped. The summit of the
new grade is 19 feet above the old grade.
Erdenheim stud farm, near Chestnut Hill,
owned by Aristides Welch, lias been sold for
$125,000 to N. W. Kittson of St. Paul, Minn.
It comprises about 200 acres, and tin* new
proprietor will use it for the same purpose.
Tiie 132d anniversary of the birth of
Stephen Girard was celebrated yesterday at
Girard College.
There were 358 deaths in Philadelphia for
the week ending May 20, as compared with
350 for tiie previous week, and 300 for the
corresponding week of last year. The main
causes of death were consumption of the
lungs, 37 ; diphtheria, 18 ; heart disease, 12 ;
scarlet fever, 11 ; typhoid fever, 10 ; inflam
mation juf tiie lungs, 53 ; old age, 14 ; small
pox, 0.
•li urges
of inci
graile
Tiie "'
mded tiie plead
Hallet Kilbourn lias
ings in iiis suit against cx-Serge-aut-at-Arius
Thorn
for w
amount of $350,000.
, for alleged false imprisonment,
Hallet claims damages to tiie
tiieh
Two deaths from simtll-|»ox occurred yes
terday ii» South Bethlehem. The victims
were the last of those sick with the disease,
all tiie other» being convalescent. Niue
! ported at West
of small-pox
Bethlehem.
THE MORNING SUMMARY
WORK OF LA8T NIGHT'S NCWS
GATHERERS.
YAMOTJO EVEITTB PPTTTT/Y TOLD.
Death of a Veteran Cheater Journal lot—
Destructive Fires—Lynching of Horse
Thieves In Arkansas.
Indications.
[Associated Press dispatch to the Gazette. ]
Washington, May 28. —For the Middle
Atlantic States colder, fair weather; north
westerly winds; higher pressure.
[To-day's Herald Bulletin.}
The pressure is al>ove the mean over all
the territory east of the Rocky Mountains.
There is, however, a narrow trough of rela
tively low barometer extending southwest
ward from the St. Lawrence Valley that
causes unsettled weather to prevail east of
tiie Mississippi and within which a centre of
disturbance may be developed. Rain fell in
all of the districts east of the Mis
sissippi River. In the other sections of the
country fair weather is reported. A re
markable fall in tempera tore occurred
throughout the West and Northwest, the
mercury in the latter district registering
several degrees below freezing point yester
day. It rose along the Atlantic coast north
or Virginia, and remained stationary In the
South Atlantic States. The winds were
from brisk to high on the Western Gulf
coast aud from fresh to light elsewhere. The
approaching cold wave is likely to affect the
Norther districts until Thursday night.
A DEVOTED COUPLE.
A Youth and Malden Try to Kill Them
selves Because They Cannot Marry.
Indianapolis, Ind., May 22.—A some
what sensational suicide occurred near here
to-day. Henry Helgenberg and Ella Win
ning, both Germans, have for several months
been devotedly attached to each other, but
their marriage has been prevented by the
parents of Helgenberg, who objected because
of the youthfuin<*sa of the parties, the young
man being but 17 and the girl 19.
Yesterday afternoon Iielgenherg hired a
horse and buggy and in company with his
Ella went to à German picnic near the city,
where they stayed until evening. They
then drove six miles funther, purchased a
quantity of laudanum, which they divided
equally, swallowed the potion, turned their
horse's head homeward, started him down
the road and they lay down in a fence comer
to die.
The quantity tukeu was not sufficient to
produce death, hut caused them to sleep
soundly until daylight. On awakeuing they
repaired to tiie village of Ureeuwood, pur
chased a large quantity of morphine and
laudanum and sw allowed it. They then lay
down by a woodpile. Helgenberg died, hut
the girl recovered and w alked twelve miles
to the city. She avows her determination to
kill herself at the first opportunity.
Death of a Veteran Journalist.
Chester, May 22. —Youug 8. Walter,
editor of the Delaware County Republican,
died here to-day of pneumonia In his 71st
year. Mr. Walter was a native of Philadel
phia and established his paper as a straight
out Whig journal in Darby in 1833 and
moved it to Chester in 1811. It wielded a
werftil influence in the councils of the
of the few Journals
of that faith never affected by Know
Nothingisni. Mr. Walter was an original
Abolitionist aud uu earliest Republican aud
has filled many responsible positions, in
cluding that of president of the Chester
•ils for two years and member of the
Legislature for two terms, from 1878 to 1880
inclusive.
hlft party and was
MORNING SUMMARY.
A dividend of 15 per cent, will be paid on
or about the 1st of J une ft» the creditors of
the Frccdmen's Bank.
The disabled steamer Peruvian, long im
prisoned In the Nova Scotia ice pack, has
reached Father Point, Quebec, In tow of the
Acadian.
The Pacific National Bank of Boston,
which suspended several months ago and re
sumed a few weeks since, stopped payment
yesterday and will close up its business.
Samuel H. Miller was arraigned yesterday
at Lancaster, Pa., for the murder of William
Gensemer in October last. Seven jurors
secured when the panel was exhausted.
Five men, who attempted to destroy a
bridge on the Mexican National railway last
Friday, were captured on Sunday and all
were shot by order of the Governor of the
State of Mexico.
at Wyman, Michigan, on Sunday,
destroyed tiie saw-mill ot D. W. Avery, a
large quantity of lumber belonging to H. P.
Wyman & Co., the stores of both Avery and
Wyman & Co., and other property, causing
a loss of nearly $100,000.
A fire in Meridian, Mississippi, on Sunday
night, destroyed J. D. Reed's drug store, the
two stores of Joseph Banin & Co., John J.
Ball's machinery depot and the offices of the
Sotithern Raptint and Observer, causing a
total loss of nearly $90,000.
David Green, one of the men burned by
the sulphur explosion at Buck Ridge Col
lier}' on Saturday, died on Sunday night.
Ilotlinan is in a precarious condition. The
breast where the explosion ftx>k place had
containing
wc
A fire
been marked by the fire boss
gas, but no heed was paid to the notice by
the men.
The weather lias heeen cold for several
days in Minnesota anil Dakota, and the
wheat seeding in Dakota lias been checked.
The acreage of wheat in both sections has
increased enormously—from 30 to 100 per
cent, in the northern counties—and in Min
nesota the crop promises well. Corn plant
crop
a
;
ing is very backward, and the e
may fall short. There were snow storms
yesterday in portions of Dakota and Minne
sota.
At a meeting last night of the Councils'
Committee on Finance, the proposition to
furnish the city of Philadelphia with
gas at 117 cents per 1,000 feet in the holder
was referred to tiie sub-committee already
appointed to consider the disposal of the
Gas Works. The ordinance appropropri
ating $1,294,000 out of the surplus funds in
the c ity treasury for various works of im
provement was amended and ordered to be
re|»ortcd favorably. .
A telegram from Little Rock reports that,
after a two weeks' chase of eight horse
thieves by a band of vigilants In Missouri.
»re captured, near
Kirbyville, a few days ago, and lynched.
One of the other five'has since been killed,
another mortally wounded, and a third
lodged in jail. Tiie remaining two were
hemmed In, yesterday, on the White river,
and it was expected that before night they
would be captured an«i lynched.
It is stated tiiat the sus|K*nsion of the sen
tence of Doyle, the counterfeiter,at Chicago,
the result of a conference between the
Attorney-General and the .Secretary of the
Treasury. Recent disclosure» before the
grand jury at Washington indicated that
the parts of the plate from which the $1,000
counterfeit b«*n«i was made were geuuine,
not counterfeit. One of the reasons for the
suspension of the sentence is a hope ot
obtaining information, through Doyle
friends, "which will reveal the true history
of the stolen $1,000 bond plate."
three of the thiev
all