Evening star. [volume] (Washington, D.C.) 1854-1972, 1885-04-13

The Tragedy.
SULLIVAN TEsTIFIEs IN HIS OWN BEHALF.
This morning the trial of John Sullivan, for
manslaughter in causing the death of Mr.. ].
Riley, in the collision at the "Y," on the Balti.
more and Ohio railroad, on July 18th, 1884. by
giving the wrong signal, was resumed in the
Criminal Court, Judge Macarthur. The de-
fense recalled Mr.. Joseph X. Behrend, who tes-
tined that he was passenger In the smoking
car, and at the time of the accident the conduc-
Tor was in the next car.
MI. Philips proposed to introduce the record OF
the board Of public works granting authority to
1mS n saMn ore Snd Ohio railroad %aa thp y to
against the law.
DIR. VIM. Tindal produced the records of the
board.
The court asked the bearing OF this evidence,
and M. Philips said that they proposed to show
that the was there without authority, and to
grand jury which found the indictment censur-
Ing the Baltimore and Ohio railroad.
Ihis Mr.. Coyle objected to, and the paper
this was the opinion of the grand jury, the
court said, they should have indicted the rail-
The defendant, John Sullivan, took the stand
IN ms own behalf, and testified that he was
nrst employed at $40 per month and left, and
IS cents to make up an even sum was for a relief
fund paying him So per week when sick, and
to bury him if they killed him. He was EN-
the night of the accident he was at the box, near
and 1st street, and ran down to street and
saw the light was white and set his light white
The Martinsburg train was then coming down
at speed of at least twenty-five miles per hour.
He then sent young Healy to see the light He
saw the man at Delaware avenue, but could not
understand what he was doing with his light,
and SO sent Healy to see the target, remarking
II don't know what the DANCED fool is doing
with his lamp" He had the white and red
light mixed, and witness could not tell what he
intended to show. Healy ran down, but wit
ness did not hear him shout back. He did
not have time, for the Martinsburg train was
then laundering in at the rate of % or 80 miles
per hour. II was customary when a regulator
or shifter comes out for them to look out for
trains, and when one comes out on 1st street
they look for q through train from Baltimore
No shifter was there that night and they there
fore were not looking for the train. When a
through train is due from the west a shifter is
branch.
Cross-examined. Witness saw the shifter go
out on thew ashingtOn branch and he then Went
10 look at the target. Mr. Monihan did not stop
to talk with him. was in doubt from kane's
light that night, but had received the white
light but moment before. A shifter was out
for the Martinsburg train, and not for the Balti-
This closed the the evidence for the defense
The government called Robert A. Eutchin-
son, engineer, who testified that it was a little
over a mile from Brooks to the Boundary;
had run 623 engine tthe one on the Martins
burg train); her best speed, within a mile,
was at the rate of 80 miles per hour.
CHARGES IGNORED BY THE JuRy.-The
case against John c. Wright ana Robert G.
intent to kill John Q. Thompson, editor of the
Sunday Chronicle, on the 9TH of March, was re-
ported to the Criminal Court by the grand jury
this morning as ignored.
AN INTERESTING CASE DEcIDED.-Judge
Wylie this morning, in the case of Washington
Beneficial Endowment Association agt. Woods,
bill of interpleader in the Court in General
Term. delivered the opinion of the court af-
firming fiji the decree below which & was adverse
certificate in the Washington Beneficial En-
dowment Association, In September. 1879,
at his death. Both Of them subsequently suf-
fered from illness, which resulted in both of
them being placed in the insane asylum at
ruary, 1880, and Mr.. Jones in September, 1882.
Mr.. George HI. Woods, who obtained letters of
administration on the estate of Mrs. Jones,
Lucy de Hart a niece of Mrs. Jones, obtained
letters on his estate and also claimed the
money, as the trust did not pass beyond the
wife. The Endowment association filed a bill
of fnterpleader to have the court decide the
question. On the hearing in the Equity Court
Hart the @ M df Mr. Jones' and an
appeal was taken by Mr.. Woods. This morning
Judge Wylie delivered the opinion of the court
trust was for the wife alone, and her personal
representative was not entitled thereto, for the
beneficiary died before the grantor.
Gen. Grant Has a Bad Sunday.
TROUBLED BY COUGHING AND GRADUALLY
GROWING WEAKER.
About midnight Saturday night Gen. Grant
had paroxysm of coughing which caused
some alarm. After that he had quiet night
Shortly after noon yesterday the patient walked
into the library, where the doctors applied the
medication to his throat. He took his nourish-
ment regularly.
FIGHTING HIS BATTLES OVER
A visitor who spends much time at the Grant
house said: "Much morphine has been used in
easing the generals pain, and the result has
been to create continual craving for 1T. His
life has been prolonged thus far by dosing him
with this drug, and now that that is beginning
existing on morphine. He is Sleeping under it's
influence, both day and night. l know of my
snS that people in and out
cognizing them. When he is spoken to- some
times, while he is seated in his chair, he win
stare and then close his eyes without uttering a
word. He sits for hours and never speaks to
those about him. He talks to himself often,
and generally about the war. Almost every
battle that he has ever directed has been gone
over while he is in this semi-delirious state and
he calls his old staff officers about him Just as
iii were twenty years ago. His work on his
war history has probably brought the incidents
back to him and kept them in his mina.''
Dr. BARKER Salu tlle cOnOlt1On OF the generals
throat admitted OF freer examination than for
many days. The laryngoscOpe was used and
by aid OF strong light reflected into the throat
the development of the ulcers was noted. The
liberation has not made much progress during
the last two days, though there has been
gradual increase during the week. The infiam-
nation in the throat is not as pronounced as at
one time.
WHAT COL. FRED GRANT SAYS.
At nine O'Clock last night Col. Fred Gran. in
speaking of his fathers condition during the
day said that he had coughed q good deal and
had had altogether q bad day, although the
paroxysm of Saturday night had not recurred
The general was very low. Four days ago the
general walked without seeming difficulty from
the front to the rear of the house. but each day
he has moved around less, and yesterday when
he walked to the rear OF the house through the
hall he stopped before returning. To be sure
twice during the afternoon the general had
walked into his office and remained there an
hour at one time and three-QuarterS of an hour
ut another, conversing briefly with those who
were near by, but one OF these occasions Gen.
deOdorizer frritated his throat. Col. Grant said
that his father had not at any time been de-
liriOus in the sense Ofimpaired mental faculties
but that he had been much under the influence
minutes or a half hour as the influence was
passing OF the general would experience q
dreamy semi-cOnsciousneSs, during which he
might, and often did, recur in broken sentences
to dreams that had been extremely vivid dur
ing the influence Of the anodyne.
THE MIDNIGHT BULLETIN.
At 1890 a. m the following bulletin was is
troubled during the latter part of the afternoon
mucus secretion In his throat, and has coughed
considerably in consequence. He has also suf-