The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1874-11-28

ClRcrIr couRl. IAN the Judges have heel,
present this week. The following cases have
been disposed of since our last:
Saturday, Norem6cr sl.~-liewis G. Myerly
vs.. George +. Caltrider, beia9e reported, was
concluded to-day; verdict for plaintiff for 100.
Vim. II. B. Dorsey ". Basil Hood; actien OF
assumpsit: Crout 4 Reiisnider for plaintiff;
Judgment by default under rule; Jury empan.
ellcd to assess damages, which we're assessed
at $l2i. a.. Stephen NJ. Fogle vs.. X. l..
Br0cket,; action Of assumpsit; Bond for plain
til, Norment for defendant; tried before q
Jury; verdict for defendant. Theodore l..
Fritchey ". VIM. T. Vaughn; action Of debt;
Baumgartner for plaintiff, Pearson, Jr. for
defendant; Judgment by default. Theodore
L. Frtchey vs.. Wa I, Hawk; Baumgartner
for plaintiff, Pearson, Jr. foe defendant; judg-
ment by default; jury empanelled to assess
the damages, which they found to be s.
Mond0v, Norember Is. The criminal dock
ct was called and continued until Wednesday.
Tho appeal docket was then called and the
following cases disposed of; John Wagner
and Joshua Wisner vs.. Abraham Bankard;
Smith Mckellip for appellants Maulsby
and Pearson for appetizer tried before the
court; Judgment reversed with cost and Judg-
ment for appellee for one cent damages;
Richard Fowler VS.. J. Henry Hoppei Bond
for appellant, Pearson. Jr. for appellee; tried
before the court aud Judgment for Hoppe for
cost. j.. Henry Hoppe VS.. Richard Fowler
Pearson, Jr, for appellant, Bond for appellee;
Judgment below reversed. John Myers VS..
il. b. 4. Warehime; Pearson for appellant,
Bond for appellee; Judgment below affirmed
Frizell a Manning vs.. Frederick Green;
Smith 4 McKellip for appellants, Crout u
Reiisnider for appellee; tried before the
court; Judgment affirmed without prejudice.
Tuesday, Norembcr ~. Abraham Hesson
VS.. John Humbert Smith 4 Mckellip for
appellant, Baumgartner for appelleei tried
before the court; judgment below affirmed
John L. Smith, trustee, vs.. Samuel Barth,
claimant; Smith 4 Mekellip for appellant,
Henning for appellee; tried before the court;
Judgment below reversed. Martin j. Chunk
VS.. b. J. Matthias; Pearson, Jr. for appellant,
Smith 4 McKellip for appellee; tried before
the court; Judgment below affirmed with cost.
John Smith, Of Joshua, vs.. The Mayor and
Common Council Of Westminster; Smith X
MeKellip for appellant, Maulsby and Parke
for appellee; Judgment below affirmed. John
Brown, administrator, VS.. Ann A. Steele;
Smith 4 MeKellip for appellant, Crout 4
Reifsnider for appellee; Judgment below af-
frmed.
Wednesday, N0relaber e5.--Lewis Harden
and VIM. Roberts VS.. Russell X Bro. Smith
4 McKellip for appellants, no appearance for
appellee; Judgment below reversed. Rein
Il. b. Warehime vs.. George X. Frank; Bond
for appellant, Baumgartner for appellee; judg-
ment below affirmed Sand vs.. same; judg-
reversed. Same VS.. same; Judgment reversed.
The criminal docket was then called. State
VS.. Henry Groverman, Jr.; Norment for
State, Maulsby and Henning for traverser;
indicted for selling liquor to minors tried be.
fore jury; verdict guilty. The grand jury
were discharged with the thanks Of the court
for the prompt manner in which they have
disposed Of the business brought before them.
Tomorrow being Thanksgiving day, the court
adjourned until Friday, and having sufficient
business to occupy the courts attention Fri
day, discharged the petit jury until Saturday
morning.
FATAL RAILROAD AccIDEST.--0n Saturday
afternoon fatal accident occurred near
station on the Western Mary
land Railroad, at bridge No. 80, causing the
death Of a young man named
Lumm, the fireman on the train, of Smiths.
burg, Washington county, Md. The train is
known as ''way freight No. 6, and left this
city about o'clock, p. IN. The train was in
charge Of J. W. Hawk, conductor, and S. b.
Price, engineer. just before reaching the
bridge Lumm startedto 20 to the cabose, walk.
ing on the top Of the train, and was struck by
one of the ratters of the bridge, portion OF
his head knocked off, and the body, falling
below, was torn and mangled into shreds OF
bone and flesh by the wheels Of six cars which
passed over it. As is often the case, the fire.
man, having fixed his fires, and not wishing
10 disturb the engineer, who must give all his
attention to the engine, determined to go to
the rear of the train for short time, where
the brakeman was. Crossing the tender he
assembled to the roof Of the first freight car,
md, with the train running at the rate Of
probably fifteen miles an hour, he proceeded
20 walk toward the cabose at the rear end,
topping from car to car. One Of the man
1t the rear saw him coming, and being aware
hat the train was fast approaching Shamber-
yer's bridge, motioned with his hand for
Lumm, the fireman, TO go back to the engine.
Lumm, however, seemed totally unconscious
IF danger, and waving his hand carelessly, as
hOugh he regarded the signal to have been
tiven in fun, continued walking toward the
car Of the train. Shamberger's bridge is not
ong, and has no roof, but above it are heavy
ALTERS resting on and holding in position the
Iprights at each side. These raiters are about
i've feet above the roofs Of freight ears, and
hence brakemen are very careful not TO stand
On top Of box cars when near the bridge.
The brakeman at the rear, while yet mo.
lioning and shouting to Lumm TO get down,
was filled with horror TO see his head appar.
emily knocked off and the body Of the man
whirled between the six and seventh cars al
most simultaneously. Immediately after
ward a jar was felt as il the cars were passing
over some obstruction, and before the train
gould DO stopped, Patapsco station, one mile
distant, had been reached. The train was
then reversed, but when il neared the bridge
il was discovered that gravel train which
been following close behind, had stopped, and
conductor Peter Diffendall and engineer Jno.
Heymitter with men we're engaged gathering
up the remains. 1t was sickening sight,
that of the men following the track and gath.
ering portions Of limbs, liver, heart and other
of humanity into large blanket.
The portions Of the head found indicated that
when the rafter struck il in the rear the en-
tire upper portion of the skull was knocked
of and the face split intwo parts The cloth
ing Of the deceased, and even his boots, were
ground into small pieces.
Lumm was about % years of age, and was
d general favorite among the employees of
the road. When it was known that the 70.
mains were at the depot in this city, large
number Of persons gathered TO view the sick
ening sight. The remains were placed in a
box and sent 10 the family of the deceased,
who had been appraised of the accident by
telegraph.
RAILWAY EXTENSION. "A meeting Of gen
Ilemen interested in the Plmlco and Pixies.
vile Railway was held at tho last named place
on Saturday afternoon, the object being to
discuss the practicability Of extending the
track from its present terminus at the Pimli.
co race course TO Pikesville. The estimated
cost Of this improvement is $780, 900, and ii
was determined at the meeting TO make an
attempt 10 raise the necessary funds The
following gentlemen were appointed com
mittee 10 solicit subscriptions Joshua Par.
sons, William ii. Jones aud John W. Mum.
sen, from Rogers avenue to Seven-mile lane;
Henry Davis, g. G. Shipley aud Nathaniel
Watts, from Seven mile lane 10 Pikesville;
and J. II. McHenry, 7. H. Wallser and X.
IL. Tydings, above Pikesville.
SroRMY WEATHER, heavy sonth-east