Delaware Republican. (Wilmington, Del.) 1843-1874, 1874-05-28
THE NEW CASTLE COURT.

| THE NEW CASTLE COURT.
| NEW CASTLE, May %.
| Court met at the usual hour this mornin
Judges Gilpin, Houston aud Wooten on th
bench.
| The case of May McCann Us. the Eastern
Shore Steamboat Company was taken up. AT
| ter examining some witnesses TO prove the So
berness Of John McCann at the time of tho &C
| ciden, and Offering in evidence copy of th,
enrolment of the .'Sue," MIR. O'Byrne restet
his case. Mr. Gordon then moved for mol
suit Oh the ground that the plaintiff had fiile,
| " prove her marriage with Mr.. Mccain. AT
ter some discussion the court granted tue mo
ton.
This failure Of p oof oflnalriage Was owing
to misunderstanding between counsel, MIR
O'Byrne having understood Alr. Gordon thai
this marriage would be admitted. Consequent.
ly Mi. U Byrne sent the witness back to Wash
lugtou.
The next Case Oh the list was Michael Laily
Us Henry L. TruiIt-replevin. MIR. Spiuance
for the plaintiff, aud Mr.. Harrington foi the de.
fendant. Tie SUI Is tor d wagon seized by
Trutt Constable, under all execution sued
| out by W. x Ii. Cause against one Dominck
OConnor. The pleas were, first non cepit
which was waived, secondly property in y Con
nor and plaintiff trading as U Connor and Lally,
Justic OF the Peace at the suit Of W. Ii. Cause
against O'COunor and property IN O'Connor y
Lally, fourth, property oi O'Comuor, Michael
Lally repleved the Carriage when seized, claim
iug 1t rs his property and denying that any
partnership b,tween O'ConUor and him bad
ever existed. During the pr oyiess OF this case
Court adjourned at O'clock until T.. NJ.
Afternoon .SessiVn.--Cuurt met at 5 p. NJ
and spent the whole afternoon hearing evidence
ha fact AZ A. i..i
tween O'Connor and Laliy. The evidence was
very conflicting, and at its conclusion Mr.. Spru-
snce addressed the jury until neariy u T. NJ,
when Court adjourned.
CouRT.-NEw CASTLE, May 2j.--Coun
opened AT the usual hour, Judges GIpn
Wooten aud Houston on the bench. In The
case OF Michael Lally US. Henry 5. liliitt,
Messrs Spruance and Harrington in turn ad
dressed the jury, the Court charged aud the
jury retired and after some deliberation returned
u verdict for defendant OF $91.85.
Nextcams Ella Meredith Us. L. W. Il b. r.
X. Co. Messrs. Lore and Swayn. (of the Phil
adelphia Bar,) tor the plaintiff, and Messis
Gordon aud bayard for the defendant. The
jury was empanelled, and Mr.. Swayne opened
for the plaintiff by giving a summary state
ment OF the accident near Ellelslie, (uow Edge
moor) station, Oh the p, w. aud b. Railroad,
Oh the moraing OF November 22nd, 1872.
ton John Dram, engineer Of the n. Y. train,
which ran into the Philadelphia train; E. NJ :.
Sergeant, engineer of the New York train,
north, which came along about the time of the
collision; and Milton jackson, who was In
company with Miss Meredith and MIR. Gordon,
(both being assistant teachers in his Academy
when the accident occurred, were called. Part
Of Mr.. Jackson's testimony was as follows
After the collision could not see my com
mi MieaM aud Mr.
though they had been seated across the aisle
from me. The rubbish was nearly up to the
bell rope. The front OF the car ahead OF ours
was damned talf of The way into our car
Seats were smashed, the doors broken aud the
lights nearly all out, aud the passengers tossed
up together. The air was close and tue car
was full Of steaul. Heard outcries after the
collision, and the cry OF fire was raised before
any one was taken out. Next saw Miss Mered-
ith In the car taking us to Wilmington. She
was unable TO speak, her clothing dsurdered,
and lying on seat, breathing very hard. AT
Wilmington she was carried out Of the car into
the ladies' room, where next saw her. Miss
Meredith's lips were cut and swollen, her hand
was badly bruised, and she complained of her
chest and shoulder. She was teacher in my
school. We did not reopen school for week,
then resumed, and at the end of three days mad
to quit. Resumed the next week aud kept on
uutil Christmas holidays. The wounds IN her
face were visible three or four weeks, and on
her hand three months. Since that time have
noticed blood on her lips, teeth. and handker-
chief. Before the accident, she was in good
health, and since Is in very poor health. Her
nerves are very bad. The rest of Mr.. jackson s
testimony was with regard to the Injurious
effect OF the accident upon the plaintiff and a
denial that he ever told DR.. Kane she was moi
injured or that she was not in delicate health.
Mr.. Gordon testified in substance similar to
the evidence Of Mr.. Jackson.
Rachel Burns testified as to the plaintiff being
brought to her house in the morning, to the
severe nature other hurts, her inability to help
herself for six weeks; that plaintiffs health was
good previous to the accident and very poor
ever since: that Miss Meriditb carried her arm
in a sling for six weeks. She complained of
oppression Of the chest and had heinorrhages
occasionally, averaging one a week her uer-
vous system was much deranged and she would
start up in her sleep; that she had lost in her
flesh aud altered very materially since the acci-
dent; her appetite was never good afterwards;
she refused 10 see any doctor at my house, as
she said DIR. Bullock hurt her, when he exam
ined her shoulder; her breast was much bruised ;
her arm she had to res. in sling on pillow
for long time.
Mrs. Sarah Mode, who nursed Nj iss Meredith i,
afterward, testified to the severe character of
her injuries, hemorrhages, &C., and Edith New
lin as to great change in her health since the
accident.
Further testimony was given directed to the
injuries caused TO plti aud her disability to fol-
low her profession. AT 6p. IN, Court adjourn
ed.
The case occupied the entire day on Tues
day, and was not decided until yesterday.
DecordtiOa.-The graves ofthe Soldier dead
will be decorated on Saturday, with flowers -
The usual arrangements have been made, and
If the day Is pleasant, hundreds of our citizens
will participate in the ceremony. Our colored
citizens as well as white ones, are making ar
rangements to perform this annual tribute 10
the memory of the brave men who gave their
lives for the perpetuation of our government.