Daily Republican., 1884-12-05
ANOTHER NON-SU 1t.
AN ENTIRE AFrERNOON AND
PART or THE EEvEHlNG APENT
IN AR6UMENT.

AN ENTIRE AFTERNOON AND
PARrOF THE EvERlNG APENT
IN ARGUMENT.
| Court re- convened ut 3 o'clock Thurs
day afternoon with ali the Judges pres.
ont. Mr.. Ward mS,ie lengthy argu.
ment In opposition to Mr.. Spruanoe's
motion for q non suit. aud claimed that
Mr. Jones had used all possible preoau.
tons to prevent an accident. Mr. Wards
argument was an able and exhaustive
answer to Mr.. Spruance, and he con-
einued TO speak and cite authorities
until 3. so o'clock, when Court took .
recess until z O'Clock. At $50 O'Clock
the jurors enpaneled in the case were
discharged until O'Clock. and sll other
jurors we're discharged until 10 O'Clock
this morning.
About O'Clock . jury WAS drawn
and retired to the Law Library. whore
|inquisitions were taken in the following
cases Walton, Whann & Co., W.
John +. Garter and Thomas Walker for
work done and material furnished, for
building an iron pyrite furnace, for
which III ,26S. 30 were awarded, being the
full amount of the claim, with interest
to date also in the case Of George W.
Stone, vs. John r. Carter, the plaintiff
was awarded sos. .2s e. A. Watson &
Co., vs.. Fillmore g. Morrow, $lB7 90;
Westinghouse Machine Company, VI.
John +. Carter, $3.50.
At7 O'Clock the Judges again re-
sumed their seats on the bench, and
Mr. spruance opened his closing argu-
ment In favor OF granting . non-suit
He con tinued until 9.20 o'clock, and
closed by answering number Of pro-
positions submitted by Mr.. Ward.
Immediately after Mr.. Spruance took
his seat, the Chief Justice announced
that the Court declined to grant tho
motion FOR q non.suiJ, without giving
any reasons, and ordered that the case
should proceed.
2. James Belt was sworn, and tasti-
fied that he rsme mbered tho day when
the accident occurred. The horse be-
longing to the witness is, to the best
OF his knowledge, about twenty years
old, and the colOred man who has
charge Of him has been In the employ
OF the witness, ,. .and his predecessors, for
thirty six years, and Is one of the most
methodical, careful, colored men he
ever met. On the day of the accident
the witness went out in the yard, and
upon seeing the gate open started to
| close it, when the oolored man, whom
he had not seen up to that time, asked
MIN not to close it, as he wanted to
take box out to put in the wagon.
When the colored man stepped out tho
gate, the witness noticed that he gave q
vacant look, and he discovered that
the horse and wagon were gone.
His first impression was that ono of
his clerks had been in q hurry to de-
liver a package, and had taken the
wagon for the purpose, but upon going
into the store he was told by one Of tho
clerks that the horse had walked of,
and that Clifford. another clerk, had
gone after him. The witness stepped
out the door, and on looking down
Market street saw the horse walking
slowly along, about tho middle of the
street; at that time the team was al
most down to Fifth street, and the wit
ness saw something just below Fifth
street, over the middle of the street.
The morning was somewhat foggy,
and he thought that what he ssw was
something which had been thrown off
roof and lodged on the cable. He saw
that some one had stopped the horse,
and moment later he saw q crowd
collecting, and he thought the police
were arresting some one. The witness
then went in the store, and in q few
minutes his clerk came in and told him
lRn06T
and knocking man down.
The clerk asked for some brandy and
other things for the man, which he
sent, with the word that whatever was
wanted would be furnished. He also
sent his clerk several times to inquire
about Mr.. Jones condition, On cross-
examination he said that on at least
one occasion he had compounded q pre.
scription for Mr.. Jones, and when the
money was rendered he refused to &C.
cept u; the money was brought back
ana the witness again refused to accept
IL; ne mad also instructed his clerks TO
furnish anything that was needed, free
OF charge: He had also furnished Mr..
Jones with an electric disc to wear on
MS shoulder with the hope that it
would ease the pain.
he remembered when the committee
from the Grand Army called upon him,
ana represented that Mr.. Jones was in
necessitous circumstances. He told
tnem that whi le he did not admit that
ne was legally liable for any damages,
as ne considered the accident had
happened through Mr.. Jones' careless.
ness, ne was willing to pay . months
rent, and his doctors bill.
This offer was refused, and when a
committee again waited on him, he told
tnem what he was willing to do, and
also said that If they were not satisfied
VIII mat, there was magistrates
9mce across the street, and a Court
house at Tenth and Market streets,''
Inc attorneys were not through with
tne witness until after 10 O'Clock, when
Court adjourned until 10 O'Clock this