The daily gazette., 1879-12-19
FIRST EDITION.
OUR COUNTY COURTS.
The Day Before the Finish.


Specially reported for the Gazette.
NEW CASTLE, Dec. 18.-The Mccoy
damage case was on trial to-day in court
and Charles A. Merriam was being ex-
amined for the defendant when the re-
port In the GAZETTE closed. Mr.. Mer-
rian was followed by William Stewart
and Robert Stewart, and at the conclu-
sion Of the lat.ers testimony, court took
the usual noon recess. During the day
quite number of new witnesses were
examined and each side made out bet
ter case.
The testimony Of Messrs. Merriam and
William Stewart was in reference to the
work that was being done on the cross
ing about the time of tfe accident. The
former is Superintendent Of tracks and
the latter was foreman Of the men doing
the work. The testimony went to this
effect: the work was done as rapidly as
possible, considering the delay caused bv
trains, and during the day roadway
was left for travel on the north side of
Fourth street. and at night an additional
passage in the centre Of Fourth street.
Robert Stewart, the watchmaI5 testified
that he beard the horse running when
over hundred yards away and that it
did not get frightened at the car he was
watching the crossing and all necessary
lights had been provided; the horse was
running when it crossed the track and
broke the wagon. Mccoy was leaning
over against NJ :. Townsend, and Town
send was driving.
AFTERNOON SESSION.
Court reasselnbled at 3 o'clock, and
the Mccoy damage case was resumed.
George Mahan, sworn.-I am driver
for Joseph IL. Seal, In Wilmington; on
the night of January Path, 1873, l was
driving down French street, soon after
| ~ o'clock, aid saw team going down
Fourth street at very rapid rate ;
drove on to the depot aud there made a
remark about it to the men in the tele-
graph office soon after was summoned
10 haul Mr.. Townsend and Mr.. Mccoy
home from the Washington House; Mr..
| Townsend had his head tied up before
they got into the hack saw Mr.. Town
send take drink of whskey and both
the men were drunk; In taking them
home ! went down Fourth street and
thence over Third street bridge; the
| OuTtu bbiCOt SiocoihS "oS NV Oa "ia
| encumbrances at that time.
Cross-examined.-l did not see tie
horse as it ran dowE Fourth street, but
noticed two men sitting in the back part
| of the wagon.
Thomas Gauze, the day watchman at
| the Fourth street crossing, was called
and testified to his examination, on the
following day, of the track made by the
carriage; the mark bore in to the north
side of the street, far above the box car,
and ran down the gutter until the wheel
struck the gutter-plate at the railroad,
aud had evidently been broken by com
ing against it. ~
John Mealey, Harry Erstel, VIM. II.
Thomson. Thomas Brison and VIM. IL.
Legp were called AMI examined with re-
gard to the condition of the two men,
Townsend and Mccoy, when they left
Mealey's drinking saloon.
Mr.. Mealey testified that the whole
party was intoxicated, and MIR. Lege
stated positively that the two men were
drunk, The others were not positive a.
to who was drunk or who was sober.
While cross-ex ,mining Mr.. Thomp'
son, Mr.. Lore asked him If he was drunk
and received the prompt reply that "il
was none OF his business" Mr.. Lore
insisted upon having an answer, but the
Court checked him, saying tha they were
not ouite sure but that the witness nigh
make himself liable TO fine in case III
answered that he was drunk, and tht
law compelled no man to commit MN
self. After consulting the clause pear
ing upon cases Of intoxication u was de
cideu that fine was only imposed whel
a person was found drunk. Mr.. Lor'
was then allowed to proceed, and re-
peating his question, rece'V negatiV'
and decided an7wer.
MIR. Thompson further testified tina
he had seen Mr.. McCOy driving tb
horse that ran away on great many oc
casions since the accident, and had seel
MIR. Townsend driving the animal il
} New Castle that day.
Mr.. Gordon rested his case, and MI
Lore proceeded to call rebutting testl
.. mony.
sylvester d. Townsend, recalled
Some tire after the accident, Mr.. Mea
. ey told me, in response to questioi
, that "no one was drunk" at his hous
tl,e night of the rattle. (Mr. Mealey, II
his testimony, denied this in answer Il
a question put by plaintiffs counseD.
t,ok a drink at the Washington Hous
while Mahan, the hackman, was waiting
, because DR.. Snitcher told me to. Mana
+, took us home by way Of Market stree
: bridge, and we both got out at my gat'
, Mccoy walked from there to bis hous'
: A distance of about mile; it was neart
to my houae by Market street than b
| Fourth street.
Il Thomas Scully, recalled.-Mr. Leg
}. told me day or two after the afiai
3 when asked him If the talk was tru
). tina. Townsend and Mccoy were drum
y That night, that he was at Mealey's an
. | neither of them were drunk.
II Joseph Hopes, John McCaffrey, ,Gilt
: Lambson and Enoch MooIe, JI., we
,s examined; the first three to testify thi
N MCCOY was sober, and the last named
T. contradict an unimportant statemel
!, made by Thomas Gauze. =,
" This closed the testimony, and Nj
~ Lore addressed the jury, speaking. uni
e. 80 o'clock. He also briefly address
re- the Cour., asking them to charge up
the same point as in the Townsend cas-
When he concluded the case was pos
noned until tomorrow morning.
IN The Court gave notice that no me
nm cases would be heard at this term Ll
II. would be contested before jury. III
#. ave rise to considerable disconte
or among the attorneys, as there we
,s- nuite a number of cases ready to
no | triad