The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1879-06-14

said he did not hear the bell ring that night
bat had heard il ring other nights.
At this point the ;irbitratorS adjourned to
A. NJ, on Thursday.
The referees met at . A. NJ, on Thursday
and proceeded to the residence of the Sheriff
to take the testimony Of Mrs. NJ. a. Boul-
den, who testified us follows: Was in the
northwest room in the second story of the
Jail building and heard the train and the
carriage II the same time and feeling sure
that there would he Il collision jumped out
of bed and ran to the west window of the
room which she reached u moment after he
collision occurred. The carriage was being
driven rapidly rs if those in it We're trying
TO cross the track before the train reached
the crossing: did not recollcct of hearing
the whistle blow or the hell ring, though
they might have done
Mrs. Hannah Norris, who lives in one of
the small frame houses Just north of The
crossing, was in an upper room i'll full view
of the railroad east of the crossing. on the
night of the accident and heard the locomo-
tive whistle just before the accident
Mary Norris: Recolect the night of the
accident: had been ironing till late and
Went up stairs and heard the whistle on the
fast line blowing caSl of the crossing near
the colored church inst afterwards: heard
the locomotive On the freight train whistle
Solelnnly near The depot building: did not
hear the bell ring.
ArbtratorS then returned to the grand
jury room, when w. $. johnson, was eN-
anined us to his knowledge of the con-
diton and value of the horse, and said he
was good a horse and worth $500 or S40O but
would not say he would have given that
much for him.
Geo Norris was then called and said that
shortly after he retired on the the night of
tlIe accident he heard the whistle blow near
the colored church, afterwards heard the
freight train whistle and his wife remarked
that IN accident had happened.
George Brown, who lives on North street,
near the crossing, WAS then called and testi-
fled that he WAS sitting ut the window
fronting North street and SAW the carriage
passing up the street. At 4 point north of
his house they struck the horse which
afterwards Went at quick pace us long as
witness SAW it.
lane and heard the whistle blow east of the
crossing: heard the freight train blow at
the crossings west of the depot and after
wards heard the danger signals.
W. +. X. Frazer, freight agent ut Elkton:
Had Il conversation with Levi and John
Bowen the night the accident ACQUIRED: one
of them told him he was under the
impression that the fast train passed Elkton
Il. ~ minutes before eleven o'clock that
the crossing, hut did not see the other train
before it struck them, and that they We're
not looking for the other train.
Benz. Nj. Wells was then called and said
that lie was aroused by the freight train
blowing danger signals; heard Il CONVERSE
ton between John bowen, and Brear, the
engineer, i'll which Brear said to Bowen
''you ran into us y and Bowen replied, g we
do not blame You, gentlemen, ut all, we
and info ~
Orren Ross, .AsSiStent engineer, of the
railroad was then called and testified rs to
the distances between certain points on Il
map of the vicinity of the crossing, which
he had made. but which being OF no interest
to our readers is omitted.
John Bowen, was then called in rcbuttal
and said that he had no conversation on the
The night of the accident with either Brear
or benjamin NJ. Wells
Levi Bowen testified that he had no con-
vcrSatinn with Brear and did not say 10 him
that they had run into the train and did
not blame those in charge of it.
Thi:, closed the evidence and Il. {. Thack-
cry Esq, commenced his opening speech
before the referees. Shortly after which
time the referees adjourned.
The referees met at J.. NJ, and Mr..
Thackery resumed his argument having
previously submitted several propositions,
Which, INV
plicah!e to the case. He then reviewed and
applied the evidence to the case. and cited
many authorities in support of his views
which We're that if the young men in the
carriage approached the crossing as ordinary
prudent persons would have done, the
plaintiff was entitled to recover, provided
that the defendant was guilty of negligence
flat contributed directly To the accident.
Mr.. Thackery occupied nearly three hours
hi. nll
and exhaustive one and closed ut about five
o'clock, when the referees adjourned.
The referees met at . \. NJ, on Friday,
and the Hon. Alexander Evans proceeded
to make learned and exhaustive argument
in favor of the company He reviewed the
evidence and combated some of the posi-
tionS taken by the counsel for the plaintiff
and contended that there was contributary
negligence on the part of the plaintiff
Mr. Jones then addressed the referees, and
began by speaking about the value of the
horse. He argued that there was no legal
evidence about its market value. He then
argued the cas-, in the legal aspects it pre-
sented, reviewed the authorities bearing
upon the questions involved till the time OF
adjournment, intending to resume his speech
PEELED to 90 to press before he concluded.
He will he followed by Hon Hiram McCul-
Tough, who will close the on the part
of the plaintiff The referees will probably
give their decision next week.