Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1879-12-19
OUR COUNTY COURT.
The Mccoy Damage Caso-The
Damage Horse and Carriage
she Question-The Jury to be Dis.
charged To-day.

Specially Reported for the Republican.
New CASTLE, Dec. 18th, '79.
In the report printed In the late
editions Of the REPUBLICAN to-day the
proceedings are given up to nearly the
conclusion Of Sylvester D. Townsend'i
testimony. The only important fact
ELECTED from him afterwards was thai
neither he nor Mr. Mccoy, the plaintiff,
were drunk or unable to manage the
horse under ordinary circumstances
Most Of the testimony In this case
in mere repetition Of that
which was given IN the Townsend
CAGE the circumstances being exactly
the same, and 1t Is therefore unneces-
sary TO bore your readers with the dry
details. Ensch Moore, Jr., reiterated
bis testimony in the other case as TO
the course taken by the wagon at the
time Of the accident, he having followed
the tracks the next morning.
B. Frank Townsend thought the
damage to the wagon was about $50
and that to the horsefrom $l0o to $3.50;
the animal was rendered unsafe as q
driving horse.
Amos K. Eastburn, John White and
Dennis Bulger testified to the bad con-
dition of the crossing on the day OF the
accident.
Edward Scully was then called. This
is a witness who was not present to be
examined in the other case. Scully
was formerly on the Wilmington police
force and at the time of the accident
was boss on the night shifting gang on
the p. W. 4 b. Railroad. He put
q freight car OIL Fourth street
about 10 o'clock on the night in ques-
ton, because he had room for 1t no.
where else. The car remained in that
position until five o'clock the next
morning.
Here the plaintiff rested his case, and
it may be stated that under the ruling
Of the court on Mr.. Gordon's point, all
evidence in regard to injuries to the
plaintiffs body is ruled out and
the suit becomes one for dam
ages to his horse and wagon, fact
stated BY Mr.. Gordon in his opening to
the Jury.
Charles A. Merriam, Supervisor Of
track for the P. w. & B. R. R. Co., was
the first witness called for the defence.
He explained the nature of the work
which was in progress at the crossing
at the time precisely as he had done In
the previous case, and in addition said
that he had the next morning traced
the track make by the wagon and
found that it went down the gutter on
the northern side of Fourth street un-
til it struck the covering at the rail-
road track, at which point the wheel
is alleged by defendant to have been
broken, and not upon the railroad
track.
William Stewart, boss of the gang Of
men at work at the crossing, told how
they did the work, Robert Stewart,
the one-arm fagman at the crossing,
went over his former story 40 to the
plaintiff and Mr.. Townsend coming
down the street at full run and strik-
ing the gutter. He further declared
that there was no train passing Fourth
street near the time Of the break down.
Here recess was taken until three
o'clock.
AFTERNOON SESSION.
Upon re-assembling the Court
resumed consideration of the Mccoy
case and George Mahan was called.
This man drives the coach belonging to
Mr.. J. II. Seal, and which meets all
trains at the depot and runs to the
Clayton House or any place in the city
to which passengers wish to 60. He is
an entirely new witness and testified
that he had driven over the Fourth
street crossing at 1l.45 o'clock on
the night Of the accident; at
that time the road was clear of
all encumbrances; going down either
French or Walnut streets; at l2.l5
o'clock on the same evening on his way
to the depot, when he arrived at Fourth
street he saw team going down that
thoroughfare at . full run; he did not
see who was in it; but thought it was
either a runaway or some thieves in a
hurry to get out of town; in about an
hour after this occurrence witness got an
order from Mr.. Hart, the pork butcher,
to 90 to the Washington House; 1t was
q little after l O'Clock whom he got
there; DR.. Snitcher and Mr.. Hart were
the only persons he saw there whom he
knew at the time; Townsend and Nc
Coy were there, as he learned soon af-
ter arriving; Townsend had his head
tied up; witness saw both these men
take a drink at this house. after which
he took both Of them away In his
coach, going over the Fourth street
crossing and Third street bridge out
to Townsend's s house, where he left them
both they were in liquor.
Thomas Gauzs, q watchmsn for the
railroad company, saw Enoch Moore,
jr., aud B. Frank Townsend examining
the wagon track in the gatter the morn
ing after the accident.
John Mealey was then called to prove
that the plaintiff was intoxicated; he
said plaintiff and Townsend were drunk
and he denied that he had ever said
they were not drunk to anybody.
Harry Erstel's testimony was not
new, and William II. Thompson,
Thomas Bryson and William II. Legg,
gave similar evidence to that in the
previous case. Mr.. Thompson smphati-
,ally declaring that he was not
drunk, as did also Mr.. Legg. The
latter denied that lie had ever
said that the plaintiff and Townsend
we're not drunk. 81
Here the defense rested its case, and
The plaintiff began to call witnesses Ia
reply, the first Of whom was Edward
Scully, who swors that Legg had said