Delaware gazette and state journal., 1884-02-14

Shortly after O'Clock court adjourned
until 10 o'clo,k Friday morling.
Immediately alter conrt sumed pro-
osediDgs Friday morning, the jury In the
case of the State VS. tn- Baltimore &
Philadelphia Railfca Company, indicted
for maintaining nulsance, were charged
at length by the chief justice who re-
viewed the evidence on both sides, and
said that it had been shown that the part
OF the road used for travel at the poiot
abutments, ia but Is feet wide
side, back of which the ground
slopes. As persons cannot drive in these
ditches,or use the slopes for the purposes
OF public road, 1t follows that only Is
feet ot the road is now available for
public travel, and as the company proposed
to build these sbutments IL feet apart,
1t was spparant that the road
would be at least one foot wider
than II now is. Another thing
to be considered was the fsot that in
place OF the open bitches on each side Of
the road, the company proposed to con-
struct covered drains the law does not
require 1t to do this, but If 1t should con
struot abutments in these bitches, and
turn the water down on the road causing
1t to cut aud become impossible, the de-
fendant would then be liable to suit for
maintaining nuisance.
He also called the attention of the jury
to the fact that the law provided that
county bridges need not be over II feet
in width, aud 1t had been shown by COM
petent witnesses who had measured
almost every bridge in this county,
that only two we're wider than
16 feet. The railroad company was
only obliged TO construct it's abutments
to accommodate ordinary every day
travel, and neither the county or the
company were obliged to provide for the
passage through bridges or along road I,
Of any extraordinary large load. The
charge occupied nearly thres-quarters OF
au hour in its delivery, and was listened
to by the jury with the greatest attention.
As soon as this jury retired, Jury
was drawn and q second case taken up
against the Baltimore & Philadelphia
Railroad Company for obstructing public
road.
Attorney General Gray appeared for the
State and Levi c. Bird, Esq, for the rail
road company. This is an action against
the company to compel 1t to build the
abutments 16 feet apart, at place on a
road running from tue Philadelphis turn
pike to near Shellpot creek, and known
as the bringhurst road, where it is pro-
posed to construct a bridge to cross the
road above grade.
Robert Banks was sworn and testified
that he resides in Brandywine hundred
and knows this road, as it is and has
been under his supervision as road com
missioner for some time. He measured
the road at the place where it is pro.
posed to build the sbutments, and the
road ia 40 feet wide, with ditch on each
side, which leaves a clear roadway OF 2S
feet. The road sscends at this point,
and If the width is reduced to IL feet it
would make it inconvenient and dan.
ger0us for travel.
Thomas G. Bird, John S. Pttitdemange,
Henry c. Mahahy aud Joseph Miller, all
residents OF Brandwine hundred, were
examined and each testified that in their
opinion it would prove serious obstruc-
tion to travel and render IL very danger
ous for wagons to pass at that point, II
the width of the road was reduced to 16
feet.
The jury, IN the first case against the
railroad company, had not returned
when court took a recess at 10 O'Clock
As soon as court reoonvened Friday
afternoon the proceedings were resumed
in the b & p. railroad case.
Thomas Dickson testified that he re-
sides within 20 yards of the Bringhurst
road, aud passes over 1t to this city al
l.. b.. L.. 10 IA
mized, and there is considerable travel
over II; at the point where the company
propose to place a bridge and build their
abutments the road is quite narrow, and
IL was the opinion OF the witness that il
1t WAS still narrower, 1t would be danger
ous for travel. There is q hill where
the abuiments are to be- built, and al
pr, sent il is difficult matter for two
teams, coming in opposite directions to
pass each other on this hill, and the
trouble would he increased by building
walls or sbutmapts, and only leaving a
space of 16 feet between them. II would
ro bs quite 30 bad If the sbutments we're
"a feet apart.
David Shaw was sworn and testified
that he has resided on the Rringhur1t
ro4 for the past 80 years He frequently
drives over this road, but would lot like
to try to pass another team If the space
were reduced to l6 feet.
Henry c. Mshaffy was recalled and
testified that at the request OF Attorney
General Gray he had measured the road
in several places during the noon recess,
and found that it was from % to Al feet
In width. .a..
He was corroborated by John 8.
Petetdemauge, who was with him and
assisted in the measurement, and when
he concluded his testimony the attorney
general announced that the State would
rest its case.
Levi C. Bird, Bsq., said that he did not
wish 10 put oath against oath in regard
to the width of the road, rs testified to
by the State's witnesses, but he proposed
that the jurymen should visit the place,
and measure the road for themselves. If
the court would grant permission for
them TO do so, the railroad company
would iurnish conveyauces and bear all
the expense, lot the case 20 a5 it would.
Mr., Gray said that he would not Offer
any serious objection to this course, but
would leave it entirely with the oourt.
Alter consulting with Judge Houston,
| Sultl dunAltb SbhchJn oeio htAo Jhty
was at liberty to 90, aud they decided to
make the inspection Saturday morning
N. They were then discharged ur-
Ill that time, aud 1t was agreed between
the attorney general aud Mr.. Bird that
they shonld la accompanied hy either
City Surveyor Robinson or Daniel Farrs
The white boy, Richard Shay, who was
indicted for the larceny OF an ovarcost
and pair OF shoes from another boy
named Riward Boon, was then placed ou
trial, and after the jury was drawn, the
court asked him II he objected to any OF
them he caused considerable laughter
which was also INDUCED iu by the court,
by replying ~ object to all of '.m." he
matter was explained to him when he
singled out Thomas Dilworth aud Walter
Witsil, who were retired. Walter Hayes,
Rsq., for the State Austin Harrington,
Esq, appeared for the prisoner.
The trial occupied but a few minutes,
of Edward Boon and his mother, rendered
a verdict of guilty without leaving the
box, with recommendation for mercy
The court Immediately sentenced him to
pay the costs of prosecution, and be i'm
prisoned three months, the chief justice
remarking that on account of his tender
years, he would omit the usual whipping.
A colored boy named William Rieley,
who had pleaded guilty to carrying q
concealed deadly weapon, was sentenced
to one months imprisonment.
James Johnson, who was arrested
about two months ago and razor found
in his pocket, had hearing on the