The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1888-05-25

DRAFT OHereu IN eViuenCe.J
VIM. Armstrong sworn. Live In vii.
Transport, lived In Bloom on the night OF
Both Sept, 's6. saw DIR. Gardner between
8 and 0 o'clock on thst evening. He was
very nervous, pale and complained OF
numbness, he came into the store for pre-
scriptiou, mean MERGERS drug store where |
clerked. The prescription was never |
filed as II could not be read.
Cross.examined. Had seen the DR.. ex.
cited before this time.
White werts sworn. Lives in Blooms
burg. 80 years old, a laborer. The service
ditch from the main ditch was dug to Har-
mans on Sept, Both, 1885 at about five
o'clock p. m. Ihelped dig it, We worked |
until about o'clock. The end toward the ]
middle of the street was about two feet and |
half the other end about eighteen inches,
1t was about eighteen inches wide. The |
dirt was thrown up on the north side be- |
tween 3 and feet. We began to throw
the dirt up from about the centre OF the
ditch. The mound OF dirt extended about
eight feet from the variator toward Har-
mans. Did not dig the ditch clear to Har.
mans, might have been little over foot
from the curb of the gutter where we quit.
Fisher worked with me digging. When
we quit Fisher moved barrel over on the
heap OF dirt from the yariator. He put it
on the middle of the heap and put lamp
on it. He lit the lantern and put 1t on the
barrel. 1t took him about 20 minutes TO
get the lantern.
TUESDAY AFTERNOON.
White Werts recalled. Mr. Schoch Or
dered him to dig ditch. Got instructions
| from Mr.. Schoch to throw dirt on east side
at Iron street into main ditch and dig cross
ditch. Worked under Fisher.
| Robert Roam sworn. Liyes in Bloom.
| Cabinet maker. Saw ditch on Both Sep
te mber, 1886 about 6 o'clock. No barriers
Trees thick along Iron street. Much shade.
Light of lantern very dim. Could not see
the ditch by light Of lantern.
On cross-examinaton said Saw ditch
about half an hour before accident occur
red. Could see dim light from 4th street.
Night dark. After barriers were taken out
|
drive through.
Geo. Bidleman sworn. Live in Blooms
burg. Works at Lockard's Car Shops.
Lives on Iron street. Saw DR.. Gardner
after he came out of ditch. Horse was
about in centre of ditch. Doctor was stand
ing around while the horse was being taken
out Saw lantern at half past seven or
eight Was a black smoky lamp. Light
might have been seen from 4th street.
Thomas Jones sworn. Saw accident.
The horse gave spring and went over the
bank. Helped get the horse out.
Cross-examined. Time of accident
: about eight o'clock. Saw horse and buggy
coming by light from streetlamp at 4th st.
Could not see 1t by light from lantern on
ditch. Mrs. Harman brought lamp and
another lantern was used.
Willie Lockard sworn. Fifteen years
old, lives on 9th street. Knows DR.. Gard.
ner. Saw DR.. Gardner on evening of ac-
cident. Driving at u trot down Iron street.
saw him next at ditch, backing horse from
buggy. Saw lantern rather smoky; gave
|
vented 1t from casting light into the ditch.
Saw ditch earlier in the evening. Looked
into it. Co, Id see it dmly by light from
street lamp at 4th street.
; Geo. Bidleman recalled. Noticed dirt on
DR.. Gardner's clothes. Side and shoulder
were dirty. Fresh dirt.
DIR. Arment sworn. DR.. Gardner much
prostrated by yesterdays examination,
Thinks he would not be able to be present
at court to-day. Has been with DIR. Gard
ner as partner since March /, 1887. The
doctor suffers terrible pain. Pains grow
more frequent; last but few moments
He grows more nervous sleeps but little
DR.. McReynolds sworn. Lives in
Boomsburg Practicing physician. Was
called in to cup DR.. Gardner after accident
! he was disabled in left side. Was suffer
ing considerable pain.
DR.. o. II. Allis sworn. Lives in Pbils
delphis. Physician and surgeon. Witnes:
offered as expert DR.. Gardner came to
Philadelphia to see him October 4th 1886
: Said he had been thrown from a carriage
8 ingly. Examined him. Found there wal
7 an injury of the spine. Great pain abou
: centre of body, feeling as though there wa
an iron band around his chest. Numb sen
sation in limbs, especially in left limb
Pain around chest is always significant o
spinal injury. March 1st, 1887, Mr.. Merce
4 brought DR.. Gardner to Philadelphia
Found the disease had much increased. 4
raw hide jacket was made for him to Civ
support to the body, and an appliance t,
put upon his left limb So that he coult
walk with four.legged cane He will al
ways require these appliances to assist hin
in walking. The original cause of the dis
: ease was an accident of some kind, fall o
: any kind, a fall that would bring about
c severe jar to the body. 1t one be throw
r out of a buggy, striking violently upon th
o back, would produce such symptoms
Present condition one Of great suffering
The symptoms could not have arisen from
: any other cause than that given. II tn
, disease be arrested he can never earn hi
a own living. He is a skilrul physician, as
U general surgeon. Think he would pei
i form the operations Of surgery as skilfull
! Ms any physician in Philadelphia.
q Plaintiff rests.
@ WEDNESDAY MORNING.
e A motion for non-suit was made by d,
l. fendant's counsel. The morning was tai
1t en- up by arguments on both sides. Coul
n refused to grant non-suit.
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