The daily gazette., 1879-12-13
FIRST EDITION.
OUR COUNTY COURTS.
THE BALANCE OF YESTERDAYS
BUSINESS.

Special Despatch 10 the Gazette.
New CASTLE, Dec. II. After the
court refused to grant Mr.. Gordon's ap-
plicaiion for non-suit in the iailrcad
damage case, as mentioned in the last
edition of the DAILY GAZETTE, the de-
Tense opened and briefly addressed the
jury as to the facts which would be
proved. The examination uf witnesses
then commenced.
Robert Stewart, sworn-Am an en-
poye of the r., w Il b. X. X. Co., as
flagman at Fourth street and the Rail
road on the night In question was
also there as n specia' watchinan to
guard the crossing where it was being
rep ,ired Townsend and McCoy came
driving toward the crossing that night at
1890 o'clock no train had lassed at
that time, and the last regular train
had gone by at 1920 o ock a shifting
engine ran from the siding to the main
time; just after this heard an unusual
noise, caused by horse running tow
ard the crossing; they came along and
turned the red light and they passed
along when they first came into my
sight they were com ng down Fourth
street and appeared to be going toward
the north side horse ran along the gut
ter, until he struck the planking that
covers il where 1t runs under the rail-
road here the wheel came of, and the
horse was in full run at the time the
wagon passed less Than three feet fiom
me picked up the wheel on the north
track; there was plank road on the
railroad but the horse did not go over it
at all ; the planking was in the centre of
Fourth street aud twenty-five feet wide;
it was in that condition at six o'clock
when | went on duty; when the horse
ran past me Townsend held the reins.
When the wagon hit the plank the
wheel broke off at the hub and the end
of the axle dragged on the ground;
presently they came after the wheel.
Court then took its usual noon re-
c. IS.
AFTERNOON SESSION.
Court reassembled at 3 o'clock.
Mr. Bird presented a petition from the
Sheriff to sell Ger ain extensive property
of Pond & Bradford Manufacturing Co.,
New York, lying in Wilmington, under
foreign attachment, issued to pancoast
x Maull.
Owing to the fact that the court will
try no Jury cases, either tomorrow or
Monday, the jurors cmpanelled were
discharged until Thursday at IL o.
clock.
Robert Stewart, cross examined-l
positively swear that l was not in my
box WHEN the accident occurred, but
was standing on the crossing; have
been watchman since Oct. 1877, and at
that time was doing the additional duty
of watching the place where the road
bed was being repaired; there was a
lantern at the place where you would
enter between the excavations on the
track and the freight car to pass over the
track.
Cyrus Cox, ,sworn-On the night of the
accident | saw Mr.. Townsend at Third
street and the railroad, going up Third
street leading his horse.
G.. S. Merriam, sworn: ! am track
supervisor of the p, W. x b. II. X /;
while the crossing was being repaired
Robert Cox was appointed special
watchman to watch the work that was
being done, and prevent accidents by
seeing that the lights were kept properly
fixrd (the witness took plot and dis
cribed tue work. at the time the acci-
dent occurred there were five lights in
the vicinity aud 20feet wide plank
road across the track at night, and an
other on the north side of Fourth street
used during the day the work was done
as RAPIDLY as it conld be considering the
lat of the railroad and highway travel !;
if they could work without interruption
it might have been done in four or five
days, as it was il could not be done in
less than several weeks.
C,oss examined: Twelve or fifteen
men were employed on the work i; VIM.
Stewart had charge in my absence.
William Stewart, sworn: The space
for wagons to pass during the day was
twelve or fourteen feet when night ap-
preached it was widened to twenty feet.
Gross examined When l left the
place about $50 O'Clock the evening OF
the accident the car in question was run
partly over ON the street line by shit
ing engine.
John Mealev, sworn.-I keep drink
ing saloon at Nos. 10S and 10 Market
street; the defendant and Douglas M,
Mccoy were in my store the night OF
the accident from I TO 1l.30 o'clock
they were there to attend raille OF a
horse at my place; 1 cannot say that they
drank any spirituous liquors; l did not
wait on them;there had been some wins
key and thirty bottles champagne dranl
that night at my place; when they lef
| think they were "pretty well fixed;'
w. ii. Thompson ordered the wine II
behalf of w. ii. Nance, of Baltimore.
Cross.examined-T were abou
eighteen people there all the time, ant
sixty tickets sold, some bought as higl
as five tickets; about fifteen people dranl
the thirty bottles of ,ha npagne; CAMEO
saw that saw these two gentlemen
drink but think they were drunk a.
the whole party was right lively; did no
drink myself.
Harry Erstel, sworn.-I am JohI
Mealey's bar-keeper, and on the night o
| the accident Messrs. Townsend and Nc
Gov were in the saloon three hours an'
a half, and remained there until the last
served them with whiskey severa
times: the wine drinking commenced
ten O'Clock and lasted an hour an
twenty minutes; all hands were "prett.
full"
Cross-examined-I cannot say on m
oa,b that saw either of the gentlemen