The Cecil Whig., 1883-01-13
CIRCUIT COURT.
THE BARNARD CASE COMES TO A
SUDDEN CLOSE.
A Verdict for the Railroad Company, Un-
der instructions OF the Court.

Our last report closed at noon, On Friday
in the midst of the testimony of Alexande
Peoples He testified to the habits of join
! Barnard as to his being a drinking man, &c
The defence here closed its testimony il
chief, and the plaintiffs proceeded to call
witnesses in rebutta.
\. Hergo Whether was 1he first witness
called, who deposed as follows: Am bar
keeper at j. Halls saloon, in Havre d.
Grace: John Barnard was not in there iht
night before he was killed.
B. Streusc, recalled: John Barnard AM
Forsyth We're not in my saloon on the even
ing of December IA, 1881.
! Joseph Coudon, sworn: Heard the conver
sation between Mr. Arthur Stump and F
Jones: he, Jones, told Stump that Barnar,
was not drunk on the evening of the 14tl
of December, 1881, the night he was killed
when he left his house.
| +. w. Jones, sworn: Reside in Perryvillt
and knew John Barnard; saw him a few
days before his death; he was Il competent
man and fully able to attend TO his business
John B. Stryker, sworn: Am bookkeepel
| for MIR. Geo. Z. Whitaker, at Principle Fur
mace: knew John Barnard; had freQuen,
business Transactions with him: he came Il
| the Furnace once Il month TO settle treig
| bills; bis bills We're always correct; rrly
| saw him when he came over TO settle bill>
never saw anything TO indicate that his
mind was impaired by liquor; his mind was
| good; he always came TO our place in good
condition.
| Henry Cou'lon: Reside at Perryville, and
knew John Barnard: had business with him
for years; it was always satisfactory: if he
was drunk then he must have been n re-
markahly smart man when sober: knew
| hut little or nothing about his drin king
habits; am familiar with drinking men who
! have reformed and became sober, good citi-
zens; this, too, after they had become ex-
ceedingly hard drinkers. Cross examined
Was on bond with Mr.. Tome to the rail-
! road company, providing for the good be-
| havior Of Barnard in case he was reinstated
| James Barnes, sworn: Live ut Wood
Lawn knew John~Darnar,i transacted
business with him for ten or twelve years
and never had any difficulty; l shipped
cattle: Barnard, l thought. was able to
make living for his family: was at Perry
| Vile two or three times Il week. Cross ex-
| animation: Can't say he was sober at all
| times, but l never him drink
| James A. Davis, sworn: Live at Port De
posit: knew John Barnard for - years, up
TO his deatl; he was good business man
! when sober: | never saw him when I
thought him incompetent I" attend to bus
| mess; saw nnthing ainnf him in my opin-
ion mentally or physically 10 prevent him
from making 4 living for his family; saw
/ him at all hours in tl:e day. Cross eXami-
/ Eaton: He had the appearance of man
who drank too much: his complexion was
tlord: it was always that way.
| w. c. Gully, sworn: Don't know the sal
ary of John Barnard: had nothing to do
with settling it.
| Joseph Barnard, recalled: Know Millard
| Forsyth: sent for him to ascertain if iR
saw my bro; her the ight he was killed: he
came and said he saw him and took IL
drink with him, left him at 10 to 10ls
o'clock; he said John was Lot drunk, and
that when he left him he, Forsyth, said to
| Barnard, "If | was you | would not walk
the bridge tonight, but wait for IA train"
He replied, 81 helieve will He said
norhing about what he teStites to as having
been said by Barnard about "croSsiug the
bridge going to hell" Could not say
wherein his physical or mental condition
was impaired by drink: he was in his right
| mind, lively aud looked tirst-rate that even
| ing: had conversat ion with Geo. Taylor The
day after my brother was killed; also with
Mr.. Courtney; met the latter at The station;
| asked about the bottle; said that George
| Boyd got it; that it was full; he also said
his assistant had heard 4 cry the night be-
fore, but from fear of tranps was afraid to
go out: my brother belonged to the Odd
| Fellows, beneficial aid society, and to an
I>nth-r order; he went over to Havre de
Grace TO attend their meetings.
| The court then adjourned until 10 o'clock
| Saturday morning.
Court met on Saturday morning and the
| examination of witnesses in rebuttal on
l'tiL Va thC was tohilhutu.
| Robt. A. McGowan was the first witness,
who lrposed as follows: Knew Barnard; he
belonged to both branches of the Odd Eel
lows; he filled official positions as both
| Deputy Grand Master in the Lodge and
| Deputy Grand Patriarch in the Encamp-
ment He was at he Encamprnent un the
| Thursday evening previous TO his DEATH be
was sober and thoughtful and Perfectly
competent to attend to business.
| Mrs. Joseph Barnard, sworn: Am sis
terin-law to John Barnard, deceased; saw
him about o'clock on the evening before
he was killed; he was sober: | overheard
conversation between my husband and Mil
lard Forsyth, in which he told my husband
| that Barnard was sober " h-n h. left him
on the night of his death.
DR.. S. ID. JAY sworn: Reside At Havre de-
| Grace; knew Barnard; stopped at my plac,
the evening before he WAS killed; he was
sober; he WAS n mem Der of :, beneficial as
sociation Of which was medical examiner:
| examined Barnard in April, 1881; lie was
perfectly sound in mind and body; the body
of Il man becomes rigid in from six to
twelve hours after death Cross cxamina-
ton: l graduated in 1867; have practiced in
Havre de Grace for five years: the limb
especially the arms of dead person cool
quicker than the body.
Isaac Hechk, sworn: Am a clerk for Mr.
Strouse at his liquor store in Havre de
| Grace; knew John Barnard: he was at the
store on the evening before he was killed
he took nothing to drink: bought a Pint OF
whisky; Forsyth was not with Barnard
was not cross examined.
DIR. II. Fl. Mitchell, sworn: Am prac
ticins ply sician in this town and neigh bor-
hood; human body takes from fifteen IL
twenty hours to cool; Il person who dies
from disease cools sooner than one who dies
from accident: have known persons who
were hard drinkers 10 reform and become
good citizens. No cross examination.
Charles Nixon, sworn: knew John Bar.
nard: he WAS in my fathers saloon in Havrt
de Grace / he night before he was killed; lie
got some oysters. but nothing to drink. Nc
| cross examination.
John Manldin, sworn: Reside near Ferry.
vile; knew John Barnard for twenty years
before his death; transacted business with
him frequently; it was always satisfactory
saw him not long before his draTh; in my
opinion he was fully competent to attend II
business, when he not under he inttu.
ence of liquor No cross examination,
John II. Hall, sworn: Kept restaurant