The daily gazette., 1879-12-13
FIFTH EDITION.
OUR COUNTY COURTS.
GUS O'DONNELL PLEADS GULL
TY TWICE.

THE RAILROAD CASE IN PROG GREss--TuE
ARGUMENTS OF COUNSEL.
Specially reported fbr the Gazette.
NEw CASTLE, Dec. I3. Court OPEN
ed al ten o'clock; Judges Comegys,
WootleD and Housto on the bench.
Case of Joseph Prtclard VS.. William
II. Frazier; Cooper Tor plaintiff, GRAY
Tor defendant. judgment ior plant n to
amount Of $50.
Al 1910 o'clo k "Gus" O'Donnell
~as drought into the court room and
pleaded "guilt," TO two indictments for
voting more than once In the Fist ward
of the city oi " imington at the city
election held on Sept. End. lie was
sentehced to pay a tine Of $50 and costs
In each case and was committed to The
hands OF the Sheriff until this sentence
could be carried into effect. Both Of
these indictments we're found against
O'Donnel at the present term of court
OF the q rec found at the last term At
iorney General G ay convicted him on
one, and ntered noite prosegyi IN the
utteis.
Mr.. Lore then concluded his argument
IN the case Of Sy vesler ID. Townsend.
He did not sp ak further 10 the Jury
bnt spoke TO the court, saying that tha
right Of the public Ia highway is the
same As that of railroad company, ex-
cept for transit /. ton his point he cited
"II h dfed on Roads," p. 1888, sec, 226'
"Xxv, New Jersey" )" III Houston, 3la
Ogle Us T., W. a B. The leaving Of the
car on the track was gross H. gligrnce
and the plaintiff Is entitled to recover In
case he was not negligent.
On this point, Sherman and Redhelt
on negligence, page 507, sec. 4sI, anc
xxII, New York, page 49l. He asket
.he court TO charge what constitutes neg
lig nee in this case, and thai he must b,
guilty Of ordinary negligence, in orde
lot TO receive, and no nanis required L
use unusual care. On this he cite,
"Redfeld and Sherman on negligence,
sec. 20. Negligence must occur In con
nection with injury.
| Mr.. Gordon, in opening asked th'
court to charge on the following points
First Whether the railroad compan,
vas negligent In placing the car in III,
position described In The testimony
Second-Wbcther the horse took irigh
and ran away. Third-That the rail
road company can only be held responsl
bic for gross and wanton negligence
Fourth-1f II appear that he mel
riding in the carriage were at fault IL
the least the jury cannot give a verde
for them ,hey did 1t at the risk Of thei
lives and the lives of others. Fifth
That tie railroad com.any had righ
TO repair.
Mr.. Gordon also asked that the Conr
rule out all testimony introduced 10y tn
plainti n, after he had rested the case, 4
go 10 show that there were not two pas
sage ways across the railroad. as tsstitie
by Mr.. Merriam. He then addressed th
jnay until 2.i5 O'Clock
Mr.. Lore in closing. first addressed tn
Court saying that In regard to the defer
J dants right 10 repair II must be consi
cred thar the work was unlawful AZ
permit had not been obtained from I'll
Stree. Commissioner.
ron SEw TRIAL.
Walter Cummins, Esq, counsel 70
the defendant IN the celebrated ejec
ment case of tho ID. w. Il. r. Co. VI
Mary and Eliza Harms, which te-mini
ted at the present term OF court At Ne
Castle with verdict for plaintiff file
his reasons for new trial in ihe Profile
noiary's Office at New Castle yesierda.
PERSONAL.
Rev. ID. G.. R'dgway pastor of the
T.. Church AZ New Castle goes 10 Laur
Tomorrow tn edicate Bethesda Chape
anu on Monday goes 10 Philadelphia
before the Harmony Literary Society
the FIR Dnt street church.