Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1884-12-11
ADJOURNMENT OF COURT
THE JURY ARAkDS JONES $3.50
DAMAGES.


and some Old Ones Turned Dow
CLOSING COurt Proceedings.
The superior oourt resumed proceeding
at 8 O'Clock yesterday afternoon week
with ali the judges present, and imme
diAtely continued With the trial Of tn
case Of the Trump Brothers Maohin
Company va. James L. BrAnson.
Samuel N. Trump was recalled, ant
testified that he now remembered tina
the last Of the machines left their factor,
about 2 O'Clock In the afternoon the da'
they were shipped, and between 3 and I
O'Clock in the same afternoon he oAliet
on Mr.. Hofeoker and had the writ o
attachment issued.
Alfred D. Warner was sworn ani
stated that he is member Of the firm o
Charles Warner x Co and was In the
office the afternoon the attachment wal
served. When he was informed that th,
sheriff was on the premises with writ
he went out and upon finding that . par
Of the boxes had already been placed OF
the boat, ordered them TO be stored In the
warehouse subject to the sheiiff's order.
Thomas W. MathewBon, upon being
sworn, testified tbst he is an employe o.
Trump Brothers and that lie had often
been obliged to move the machines az
the y were frequently IN the way. He with
two boys had also been employed two OF
three times to clean the machines and on
each occasion 1t had taken them a week
or ten days, as 1t was necessary to take
them apart and clean the pieces with
emory paper and cotton waste. In clean,
ing them 1t was necessary to carry each
machine from the store room to the work
bench in the other room.
Charles N. Trump was sworn and
testified that he was member OF the firm
Of Trump Brothers. He was In the office
when Mr.. Kerns, the agent Of Mr.. Branson,
came with bill 0f particulars to examine
the machines and See II they CORES.
ponded with II but did not do 30 as he
said II was too big job. At that time
an arrangement was entered into with
Mr.. Kerns whereby the machines were TO
he removed in installments, as he said
that would enable Mr.. Branson to handle
them TO a better advantage. The boxes
in which the machines were shipped
had been used for the same purpose
before but the company were abliged to
have some new boxes made for the
combinations but the witness did not
know how many. They were small
boxes, and BrAnson was not charged
with them.
This closed the evidence for the
plaintiff and Mr.. HOffsoker rested his
oase,
Mr.. Lore said he would move for non
suit on the ground that the plaintiffs had
10 osuse for action, rs they had violated
the agreement made under seal and
under which they had brought this suit.
He then gave his Iessons for the motion
at some length and read the agreement to
the jury. Mr., Hoffscker replied and CON-
tended that at the time the last Install
ment of Of goods was taken away the
agreement had then been rendered null
and void by Mr.. Brapaon's breach Of
contract and the subseQuent suit and
judgment The argument wss continued
for some time aud the court, after con.
snl,A;ion, decided to grant the motion.
The next case tried was that OF Andrew
W. Jones vs. z James Belt action for
dsmages. William B. BARTON aud II, Il,
Ward, Bsqs., for the pl-intif, and Will
liam U, 5prusnos AID Charles M. Curtis,
Bsqs., for tue defendant.
Mr.. Barton opened with statement Of
the case Jones, the plaintiff, who was
employed by the Arnoux Electric Light
Company, was on ladder which rested
agAiust an electric light wire strung
across Market street below Fifth, when
Mr., Belts horse attached to q carriage,
oOllided with the ladder and knocked IL
dow, throwing Jones to the ground and
injuring him severely. Mr.. Belts horse
had besn left unhitched and walked
down the strest>without any driver.
Mr.. Jones WAS called to the stand and
testified to the facts Of the accident. He
said the Injury had disabled his left arm
snd inoapBoitated him from active labor
His testimony was continued until 6
O'Clock, when court took = recess for one
hour.
AT the evening session DR.. Johnson,
Jones' physician, testified to the extent Of
his iujurieR. Another witness stated
that be saw the horse walk away from
the side Of Belts store and that thu re
the g A. R, Of which Jones is also a
member, testifsd to calling upon Mr., Belt
10 the plaintiffs behalf and that he had
offered to pay the dootor's bill and one
months rent one of these witnesses
said that Mr.. Belt dlsolaimsd all leg al
liability In the matter. Other testimony
wSs taken until 10 O'Clock, at which time
court adjour; ed until 10 O'Clock Thurs
day morning.
The case OF Jones vs. Belt was resumed
at the opening Of court Thursday.
William d Kurtz and Tilghman DAnner,
who were witnesses Of the sooident to
Mr.. Jones, testified to the facts Of the
occurrence. Samuel Mccormick test-
fed to Jones' condition when he saw
him soon after the accident. Policeman
William Mcbride testified to helping in
carrying Jones home after the accident,
at which time Jones was in a semi
unconscious condition and unable to talk.
Miss Susan Jones, daughter Of the
plaintiff, also testified to her iather's con-
dition after the accident, to the extent Of
bis injuries, and the effect they have
subsequently, hal upon his mind and
general health.
At IL O'Clock thers was an interruption
in the case, oaused by the illness Of
David Elkinton, one of the Jurors, wbc
was suffering from an intolerable nervous
headache aud q sick stomach. He retired
to the grand jury room and wa
attended by DR.. Blooksom, but as
there were no indications Of his
speedy impre vemsnt, the case, by mutual
consent OF counsel on both sides, wAi
continued with IL jurors. Mr.. Blkintor
funrr0wad onnoaxuhaN tT ahaF1N halt N
hour, aud went to his home at New
Castle.
John r. Jones, brother Of the plaintiff,
testified that his brother enjoyed good
health before the accident, but since that
event his health has Keen generally poor
Rene ]. Fougeray also testified &c
JONES' enfeebled condition after the Aeoi
dent, aud George W. Logan said he had
seen Mr.. Belts horse standing unhitohed
several times before the accident.
John B. Moore, secretary OF tn,
Arnoux Electric Light Company, told how
the street elecric lights were put upland
testified that Jones was employed to take
care OF them.
After calling J. H, Hoffscker, Jr., Reg tt
testify that he had secured, for tn,
Electric Light Company the legal right t,
suspend lights across Market street, tn,
plaintiff rested his case
Mr.. Sprusnoe, for the defense, immedi
Rtely submitted motion for q non suit
on the ground Of oontributory negligence
on the part Of the defendant. He spok
at length and reviewed the evidence Ii
support Of his motion.
Mr.. Sprusroe continued his argumen
up to the noon adjournment at 1.3
O'Clock.
The superior court met again at
O'Clock In the afternoon and H. q
Ward, Baq., Of counsel for the plaintiff Il
Jones vs. Belt, opposed the motion for
| non-suit made by William G. Sprunpoe