Daily Republican., 1879-12-13
WILMINGTON, DEL. SATURDAY, DECEMBER 13, 1873
OUR COUNTY COURT.

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Tho Tsw nsenA Crse-Ehe Evidence
Bsins brought Ouf-An Interest.
Ing AffereOon Session -- How
Mueh Champagne Was Drunk
Contest netwsen the Counsel.
Specially Reported for the REPUBLICAN,.
Nav CASTLE, Dsc. IL, '79.
The motion for q new trial made by
Mr.. Gordon, mentioned in the report of
yesterdays lats edition was not enter
tanned by the Court. The witnesses
for the defence we're then called.
Robert Stewart, sworn:-Am hagman
for the 2. w. Il B. R. R. Company; was
on the track that night as special
watchman; was placed there as a sps-
cial watchman to guard the road at
that place; directly after Mr.. Town
sends carriage crossed the road 1t was
2Ominutes after II o'clock; was out on
the crossing; the last train was the
1920: there were none due; engine
came up the east side line and came up
on the main line. As turned the
while light, heard the unusual
racket and turned tho red light;
there were three lights when
they came in my sight at the
track; the carriage ran into the covered
gutter and the wheel was taken Of.
The horse passed on about three feet
from witness; they didn't go over the
plank road but went towards the curb
stone; saw Mr.. Townsend and Mr.. Nc
Coy afterwards when they came back
after the wheel Of the carriage; the
road had been put in that way for pas
sage: really think was less than
three feet from the horse and carriage
for came near being run over.
Pending crossexaminstlon court took
a recess.
AFTERNOON sEssIoN.
At three o'clock p. NJ. Court re-as-
sembled.
Mr., Stewart vas called and Mr.. Lore
proceeded to cross-examine him. Wit
ness stated hs was about 200 feet away;
horse was on a run; was standing wi'h
my shoulder to the watch box when
they came back; engine was ringing
her bell when she backed out Of the
yard; positively swear | was on the
crossing whom the accident occurred;
have been 1sgman since October. 1877,
from 6 to 6 o'clock at night; took charge
of the " hits light near the excavation
that was my special duty; haye
been watching for seven years and was
never known to leave my watch.
Redirect Consider it my duty to
remain at my post was tho reason |
didn't leave to see L anybody was in
jured
Ayres Cox, sworn Am acquainted
with MIR. Townsend ; saw him on the
night of the accident at Third and rail
road leading the horse up Third street
about II. 80 o'clock be told me that
his horse ran away, having become
frightened at car.
| G. A. Merriam sw0rp:-Am supef!n'
tendent of track of the P. W. 4 B. K K
company. Mr.. Stewart is under my
care made him special watchman and
gave him special instructions to SEE
that a white light be kept burning and
to assist people in crossing. A mar
was shown which was explained by
witness;1 Witness stated that it could
not have been possible to conclude the
work in two days;tbe gang OF employees
were only absent from the street few
minutes; they were never permanently
off from the time the repairs were be-
gun until it clcsed the day travel was
begun ordered passage on the north
side OF Fourth street, bu, not thinking
this sufficient space for night q special
passage was made by the laying OF
planks; in order to guide passengers a
white light was placed in position on
a kee on the north side of the track;
had from ten to fifteen men employed
on the crossing.
William Stewart, sworn Was fore
man Of the gang employed on the cross
ing. He then explained the condition
of the crsssipg.]
John Meally, sworn Am acquainted
with the dsfendent keep a liqnor sa-
loon; he with Mr.. Mccoy were at my
plase ; was unwell that evening can't
say positively whether these men
drank anything that night; there was
a lot of whiskey and thirty bottles of
champagne in one hour and quarter,
was paid $3.50 when they left my
place they were pretty well fixed.
Cross examined: | did not no.
tics Mr.. Townsend and Mr.. Mccoy
that arguing but to judge from the con
dition OF their company they all were
pretty well fixed; there were about fif-
teen peraons there; witness he was So
ber; there was about a Quart piece to-
gether with a great deal Of whiskey
sold; the wine was bought by Mr.. Will
liam Thompson, on the order of Mr..
MANI, of Baltimore, who drew the
horse.
Harry Ersnal sworn: Saw Mr.. Town
send and Mr.. Mccoy at Mr.. Meally's;
am clerk for Mr.. Meally, and think
they had several drinks Of whiskey;
everytime there was ticket drawn
the winning party treated, about nine
O'Clock they ratfied for the horse; at 10
o'clock the champagne bringing began;
| | opened all the bottles there were
about thirty pints; paid no particular
attention to these men but noticed they
were all pretty full.
Cross -examination-Can't positive
ly say whether they drank this time or
not; but it would be a rare occasion If
they would come into the house and
not take drink.
William Thompson, sworn-Was at
the rattle; can't say that these two men
drank; | paid $3.50 for mine on ac-
count of another gentleman.
John Turry sworn; was at rattle; saw