The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1883-02-23

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COURT PRoCEEDINGs-On Monday morning
Judge Waters drew from the jury box the names
of Charles Colgan, Sd district and John w
Barton of Jno., 4th district, to serve on the
petit jury in place of DR.. George W. Andrews
and VIM. r. Thompson, excused.
John Combs was brought into court on a
capias, having been indicted for keeping dis
orderly house Mt the Glade, MarshalPs district
In default of bail Judge Waters committed him
to Jail for trial
The Grand Jury found the following indict-
ments John w Harris and George Clarke, both
colored, for assault with intent to kill Vincent
Gross; Thomas Turner, coored for the larceny
of n pair of gum boots from r F. Ball Il Bro,
of Bel Air; Keziah Stump, colored, for the lar.
ceny of dishes from John ii. Shannon's Hotel,
Bel Air; James Bond, coored, for the larceny
pair of blankets from s. H. X. Bull, of Bel
Air; John Combs, for keeping q dsorderly
house Howard STREET., for selling apple brandy
on Sunday The latter, having pleaded guilty,
was fined $50 and costs Samuel j. Preston
colored, was also indicted for perjury, the charge
consisting in his having sworn that he was 81
years of age, for the purpose of being registered
as a voter, when he was not of age. States At
torney Maynadler stetted the case the proof not
being sufficiently positive to show that he was
not of age.
The following indictments are also on the
Criminal docket:
John laycock, for larceny OF two guns belong
ing to John Wiley and Thomas Rogers; John
w. Ferguson, taking horse and carriage; John
II. Bowman, assault and battery; Emmanuel j.
Bnlett, larceny of Scott Streets horse and bug
gy; Samuel Hill, coored, larceny ola watch be-
longing to Edward Stier; Moses Hanson color
ed, larceny Mary Norris, murder
John Haycock, Ferguson, Bulett, Hanson and
Clark have not been arrested The other cases
were marked for trial.
The case of Harry G. Lawder VS.. the County
Commissioners, for $4,000 damages for IN
jures received by being precipitated into gull
ley alongside the road on Covers Hill, near
llavrc de Grace, was resumed Friday morning
Additional testimony was given for the plaintin
by John Mitchell, Dr., j. Frank Jones, Col.
Robert s. Rodgers, Robert o. Mitchell of Jno.,
and Jesse j. Hopkins, and for the defendants hy
Geo. Bradlle!d, John Mitchell, Jr., Il. o.
Mitchell, Of Jno., George Harris, WIN. 8. Bow
man, Col. j. T. Frieze, and County Commits
sioners John s. Dalam and Robert z. Mitchell.
The testimony closed Saturday morning and
argument was heard on players offered by both
sidcs. The plaintiffs prayers five in number,
were all admitted by the court but of the de-
PENDANTS five prayers, two only were granted
The prayers offered by the plaintiffs counsel
were IA follows:
LIST. If the jury find from the evidence that the
road mentioned in the declaration was public
road of Hartford county and was in bad condition
and not mended and repaired, and that in conse-
quence of such condition of the road the plaintiff
was injured and his buggy and harness broken
aud injured whilst travelling with proper care
and caution on said road, then the plaintiff is en-
Titled to recover in this action.
II. That the care ana caution required of one
travelling on public road is simply such as per-
suns of common prudence ordinarily exercise.
81. If the jury find from the evidence that at
the place on the said road where the plaintiff is
alleged 10 have been injured, the road was mar
row and on one side thereof there was deep and |
dangerous hole or gully and rail or barrier on
that side was necessary for the proper security OF
travellers, and would have prevented the injury, |
and that there was no such rail or barrier, then |
the p!aintih Is entitled TO recover in this action |
II the jury shall find that he or his property was |
injured rs and at the time alleged, whilst travel
F o" h eosn Vim nd @ aa ha
road mentioned in the declaration has been an |
open highway in Hartford county used by the |
public AT the time of and for more than 20 years
continuously previous to the time of plaintiffs |
injury and from that day and during that time |
has been controlled and repaired by the County |
Commissioners of Hartford county and under
their authority, and has been included in their |
road is one of the public roads of Hartford county.
hth That if the jury find for the plaintiff, they |
should find for him such an amount of damages |
ny will fully compensate him for the loss that |
from the evidence he shall appear to have sus- |
tanned by the breaking of his buggy and harness |
an the injuries TO his person, including his suf- |
ferngs from said injuries and the shock to his
system consequent thereon; also for tho eX-
ancc and for his loss of time, and what it shall |
appear was necessarily expended in and about his |
recovery from said injuries and the shock and |
sickness resulting from said injuries.
The defendants prayers that were granted |
were as follows:
plaintiff while driving up the Havre de Grace hill
in buggy met wagon loaded with tin cans, |
where the road was sufficiently wide and good for
him to have passed safely If his horse had passed
quietly In the course he was going; and further |
hnl that the plaintiffs horse was frightened by |
the noise made by the rafting of the tin cans, and
plaintiff then struck his horse with his whip, and
that the noise of the cans and whipping the horse,
either of them, caused plaintiffs horse to turn
and back his carriage out of the road and into u
gully outside of the road, which caused the injury
comp aimed OF, and further find that but for the
horse being so frightened and turning in the road
the accident would not have happened, that then
the plaintiff is not entitled to recover.
5th. If the jury fnd.that plaintiff was driving In
broad daylight up the Havre de Grace, hill, with
which he was well acquainted, and while on Il
part of the road where 1t was wide and smooth
enough to allow wagons TO pass safely, he saw or
might have seen, the wagons coming down the
NIL IDWuruS lDe pucc where plalntlU was injured,
which was the narrowest part of the road and OPP
posite the gully testified to by plaintiff as dan
Rerous place, and instead of waiting to allow the
wagons to pass wherc the road was broader and
safer he voluntarily drove and attempted to
pass the wagons at the narrowest and most dan
gerous part of the road. that these facts from
which the jury may find that the plaintiff was
guilty of negligence which contributed to the nc
cdent and If they do so find, then the plaintiff is
not entitled to recover.
On Monday the case was finished, after argu-
ment by Col Herman stump and WIN. Young,
ESQ, for the plaintiff, and by Henry w. Archer,
ESD, for the county. The jury brought in
sealed verdict, after the adjournment of court
On Tuesday morning the verdict was read. 1t
was was for 1901 &c damages for Mr.. Lawder.
Henry W. Archer, Jr,, counsel for the County
Commissioners, has filed motion for new trial
Samuel Hill, coiored, indicted for stealing a
watch from Edward Sitter, plead guilty and was
reinanded to jail to await sentence.
Keziah Stump, colored, for the larceny of
dishes from shannon's Hotel Bel Air, also
pleaded guilty and was sentenced to Jail for 30
days.
Two women were nominated for School Di
recors in York Pa, last week.
-"Owain Alaw,' or John Owen, the national
bard of Wales has just died, at the age of sixty
three.
Jacob Seeger, the Oldest brewer In Balt-