The Cecil Whig., 1883-01-06
CIRCUIT COZ RT.
A SUIT FOR HEAVY DAMAGES.
Barnard VS.. phila., VIII. 4 Bait. r. Z. G.

| The adjourned session Of the December
term Of the Circuit Court for Ceci! county
re-assembled on Tuesday last, at 10 o'clock
! A. NJ. and at once took up the case of Bar
nard as. the p, W. & b Railroad Co, which
! was on trial at the time of adjournment be-
! fore the holidays. Albert Constable, Esq,
appeared one of the counsel for the Com
| pany in place of Hon. Alex. Evans, who
was absent At Wilmington, Del, being
gagged in cause before the court there
The first witness called upon the part of the
plaintiff was
james Gibson, "a resident of Havre d.
Grace who eSiiiied TO being member of
! rhe jury of inquest which assembled on
Wednesday, uecern Der 18Th, 1881, TO in
qnire into the cause of the death of John
Barnard. Saw blood upon the cross ties
md boards ar the point where his body was
found: am familiar with the r. II. bridge at
1avre DE GRACE. The spaces between cross
'les average about 1917 inches; some a'e
wider; TIE first space from pillars in arch
# Onion bridge measures 1877 inches.
mans body conld readily pass through b.
'w-en them. He identified the coat of Bar.
nard. The cro-s--Xami,aIion ELECTED mo-
hing new or of interest.
VIM Dul', sworn. Live in H,vrr d.
..': tt,r lived her, t;.rr, "dd N.ar,:
=, -:.u hn!> "i Barnard sn morning f
, r-rnh-r l1'h. 1881. llirg on platform ON
,onth sid. OF Union bridge. We then car
r-d him into the gentl-men's waiting ro IN
at the depot. where and some others wash
ed and dressed him; s-wed up his wounds;
there was one wound on right side of his
head; this was scalp wound; there was
also one on the left side Of his head, the
skull bone heing broken in the latter place;
both legs in front from the knees down were
badly skinned and bruised: there was an
other slight wound on the side; his neck
was broken: searched his pockets, found
only a SINAI! amount of change: think he
had been dead several hours when found,
perhaps 1onr or i've: his body WAS cold; he
had on heavy overrosr: this, with his other
ciOthing, was wet through: the night was
dark and cloudy: seeting rain was falling
it was pretty cold: have heen abont the R.
K. station good deal, shipping fowl and
fish, at night generally; have seen passen-
ger ears Of north bound trains standing
upon Union bridge: the columns are in fhe
center of Union bridge: Union street bridge
spans Union street, connecting the bridge
proper with the hard ground: the blood was
at about the center of the space between the
columns and the Havre de Grace shore AT
this point long and learned discussion
arose between the counsel as to how many
steps man lonk in going up one step. 1t
was decided THAT it required two. After
which the witness was cross-examined upon
the part of The defence by Mr.. Constable.
Have known Barnard, the deceased, all his
life: never saw him crossing the bridge;
hadn't seen him for six weeks before he was
killed: | put my hand upon him, he was
cold. bur not rigid think h- had heen dead
III least four or five hours; have no basis
upon which to fix my opinion, except that
have seen = great many drowned men and
men killed by accident: when | first saw
him lie had one shoe and stocking Oh and
one off
John Srrrcks sword. Reside in Havre
de Grace, about one hundred yards from the
bridge: hav" frequently seen passenger ears
"f trains bound north standing upon Union
street hridg. ;he smoking car frequently
stops abonr The. re'.ter of the bridge
II. G. l.an,'-r sworn. Was member Of
'hn jury of inIn-~,; the night upon wlc'
The witness here described rh. wounds upn,.
deceased, not differing in any parricula,
from thar given above
fi..ni Strauss affirmed Was Il membr
of til. ror"ner's jury; saw blood and hair
npon the cross tie of Union street bridge, Il,
about the centre of The bridge: did not make
pn-'irnlar "xamin aiinr; keep n drinking
saloon; B,rnnrh cam" II, my place on III.
evening b-tnr" h" was killed Int Remained
only a few minutes: he drank not hing Will.
there: h"neht a pint of wh>k-y and took i,
with him: he WAS Soh-r; thi, was between
so and o'clock
Jos. G. R,rnard SWORN. Reside in Havre
de Grace; am brother of John Barnard
deceased: was in the employ of the r. L
Co. number of years an freight conductor:
ly seen persons get on and off trians from
the platfrom on Union street bridge: IN,
brother had ways of making money outside |
of his salary: he had the right Of selling |
wild fowl at Perryvill-: was also agent for |
the sale of coal: ha left a widow and six
"a a H.
tally intirm. and one of the boys is a cripple |
the Youngest is four years of age: saw my |
brother body: there was one wound on !
the right and one on the left side of thr |
head, and his legs skinned from the !
knees down: the blow upon the head in all !
probability killed him; his clothing was |
wringing wet: saw him the evening before !
his death: he left my place about ten minutes |
after eight: he had Il sprainea foot, which |
was painful, and he told me it was a great |
relief to it to remove shoe and stocking and |
let the air to it: have seen him with both !
shoe and stocking off for this purpose he |
was about five feet five and half inches in |
height: he was "A years of age; his health |
was good: he had been in the employ of the |
company twenty-five or twenty three years:
he was discharged from that employ the
June previous: have seen passenger cars |
stop on unien street bridge and have seen |
persons get Oh and OF there; there is a ligh, |
on the north and one 81 the south corner al
The bridge; they do not light up the bridge :
very well, especially on stormy nights. !
| m. ,,I ~ I,f,
, proce-tled to the examination of witnesses |
>'ltnmoned upon The part OF the K. r. &c. :
hesxami nation Of the witnesses upon the |
part0f the plaintiff was conducted mainly I
| os f'u. Hiram McCullough, and upon the
l'ar' the d-frnc- by \. Constable E>q .
| a. fank Jones was the first called and
| sworn ty the defendants, who testified a.
i"i'""S Am proprietor Of the Hartford |
House 1t Havr- de Grace; John Barnard
was III 'ey hou>e upon The evening before
n- was hlrd, at about eight o'clock; lie
| TOOK p'lt Tie drink while there, leaving aI
| zen " cl'ec he locked like Il man who had
d Ell "' d pre.. from his apptaranre should
NOT 'h'hk him capable OF taking care OF
himself. eoss. -xa,nln-d hv Mr.. MrCul-
l"ush h-D'annt tell Mr. Stump last summer
thit Is h'tha"lrtt my house sober; l SAID he
"''- >''"'f TIT seemed tu he >fmprti-',; H.
'.N"" 's-"t, u in"r.h h.. n:si been - \
= Ns q, .." -
'''' .',1t .'-a-. .'s. ~ nd" " IL
'"'.:, - ->'H hnnA:.t, Ia ILL: car, Of h,m-
# /. / >rr"ias,nv r,,,r,ou IN, pnrriup 10
I.,y- ih,n Al