Daily Republican., 1879-12-12
AFTER ,ooS SESSION.

tulEL, AuaL lLr pAalutlu cHuid IeSOFt'
The. saguut minus $50 over wai"
ts was question Of pay ment IAls
however was submitted aud tue I1ry
yat.fpd aud soon after bToagbt in 8 veg
d d. for the amount claimed 10y the
= s,stif, Il 609l1;
he case Of I4dock Townsend vs. y.
W. & B. Railroad Compagy was taken
up. Ifls was m action to lccoF~r
Gau.gs GJc iujarie5 received tF ar,
yoal send through tae alleged eaEelta5-
ress ac ,Ee railroad company ou tb.
uigat9 January a. 1873, while -srt
carugsEy aas repairing -" crossing ~
ths i,,L " Eourtn street. IL seems IRON
tpe caagt ,a4A down ia the narr thal
tbs gampany had torn up the p,auE
and ~. led them up and piled them on
TIA. s8ee. Oh the lett hand side, OA the
righ. hand side there w@5 pile O.! stonr
and rubbish While on the siding Witd eld
cysct.e sidewalk was placed box car
" aich ambAOg ran down to the narrow
crossing on the llaggtnE, Interview
ing between this narrow passage, and
q certain line lower down there "-te
excavations,
On Jhr night Of the 24A of January,
Mt. Townsend in company win Doug
lass Mccoy wer. driving along. L. was
sb2ut II o'clock. The horse SHE'D
at tds laynber pile, and npon running
u-ae fna car b5CSuie scared ana turned
around Tbs carriage wheels being
c4a... ,u taa excavations @ere wrenc--
cd 4-R Doth occupants were
t,ro u Violently. 70 thu ground.
Nr. Mccoy being rrpaegeaaAeouscious,
and Sir. Townsend ha,ag dragged "a
considerable distance ard hagWg his
head badly cut and other portions Of his
body badly bruised. From these iuin-
ris3 Mr.. Townsend was confined t. his
bel about eight weeks.
Uauglls Mccoy being the frs. wit
nos. was sworn Was with M",
Tow Uuseui on the might Of the accident
W. were goiug home IL & 70 top buggy,
VI wa got to tbs crossing o. .n,
railroad there was L train Of ears
c.l't tsll som times when to cross, .r
w.te.laau sometimes swinging white
lgaI. aud SOM tines red liga, az
has ue we waited until the watch
laar won't into his house; there was a
lumber pile Oh tha right hand
si... and upon tas there was
& D.. Gits light. hr. Townsend said We
would haze to pull TO ths right; there
VISA freight car near this, the horsr
rs red and ! tried to catch Aim. The
carriage wheel tairia3 and sc yer.
t. r5wa out; / was knocked s-rselsss;
crr was two thirds Gu. towards the
the middle Of the road, when t.o horse
SHE'D Asthi5 tue wagon went .ltO thy
uaaks, it was dark night; when
cans TO see Mr.. Townsend who had
lust risen from the ground near the
back 8hesI,golng towards tle horses
head, he WAS bleeding CouslIrr4Oiyi
asked M tor uy handkerchief; We wsrr
to the Washington Hotel after
leaving the carriage which vas broken,
standing near tho sttewalt The horse
was gentle and had never IAN away
berla. The excavations were from
S inches to a foot in depth aud were bs,
tween taa track; these caused the ac-
citent. Mr.. Townsend was disab!-i
about two weeks. have crossed these
tracks frequently and the watchman
was rather nervous man as lie never
held the siguaI in steady position
and had habit Of keeping il
moving 50 that the Iiyu, was first red
aud then white
Mr.. Gordon objected TO the line Of
On. stions on the ground that the narr
specified that the fright Of the horse
was ocaasioned by the cars and net by
tus igLt5 or negligence Of any Official.
TIE court decided the question rrIe.s.
want. The witness continuing stated
THAI hs did not see Mr.. TOWNSEND tall
0u. Of ta~ carriage; tls luAO-r pile oB
tue left was six feet Aign and smaller
uilss oh,iruG!ed the passage on
the right, my horse toyk fright
at the lu7nJ = and his tear increased at
sight OF tue car; when Mr.. Townsend
arrived at the Washington House, he
toiulri frJin the effects If his wuunda
G,' S." T@s.a iNJ Il hUcaOI.
C,3---cNamued Il have sU,,
Il. u,t tJe company; nag direct rou.'
tgua WllmirgtoI wo1lt be- over 81 -t
,r.zs. always went up An to ct. On NJ.
count Of It's superior travel hy res
den ,e ID on tue De ware River. ne,
Mr.. Townsend az Mr. Mealey's drink ug
saloon that evening between s and 9
O'Clock; | took drink Of wniskey.-
There was to be rattle for horse and
went there to 81. i. as there as con-
siderable gXci.ement about the matter.
the gentleman who drew the horse sci
~. t. champaign and wine, | drank )
+ lassts of vine. Mr. Townsend and
.r,a bout L d 'oiock. We w.Lt up tc
ii.,c.'s ooGirg TO Frank T06Isend,
t0.k no ljQIO' tLers wat TO Gus
y,nN egs8 but be was shut up. ke-
turned !, to Washington house aud
from there drove home by way o
Fourth street until We came to the
Railroad war, the acc 9 ~ occurred,
The horse tas always been accustomed
TO locomoigts.
Dr.. SatcheF sworn: Called 10 see
Mr.. Townsend batTeen IL a.d Il
O'Clock on the DigDt In question.
lie had severe wound On gIe
forehead abtut l"J ava half inches
in length which | se.ed up. He was
Otherwise injured. From these wounds
he was con nod TO his room about S
days. Had beeO over the road that
afternoon and found he coudi ion OF
things about the track as they have
been stated by the other witnesses.
Dennis Buger and E1och Moore, cor