Daily Republican., 1888-05-23


when Court opened Of 10 O'Clock this
tho trial Of George a. Graham.
indicted for murder OF the first degrees,
and which waa TO have commenced this
morning, Was again postponed on &C.
count Of the civil case now on hand. As
the special Jurors iu the suits against
the Wilmington u Northern Railroad
Company are summoned for next Mon.
day. . day will be set for the trial Of
Graham, and the spscial jurors sum.
uoned In his oate were ordered 10
remain In attendance until discharged.
When this busiuess was settled the
case Of John W. Foster vs.. Lea Pusey
Was agAin taken mp, and the attorneys
for the defendant announced that they
would rest their case.
Mr.. Bird then called Edward BIN.
mons Ia reouttal, to contradict the ties
tlmony of Mr.. Pusey, Ainsworth and
iWalrAven.
Mr.. Bird asked the witness II II Was
not the inclination OF the belt to PASS
from the loose to the tight pulley In.
at al of the reverse, a. WAS commended
OF the defense. Mr.. Bradford objected
to this testimony, and sf.er o discus'
sion between counsel the objection was
overiuled by the court and the witness
proceeded.
He said the guide hal been broken
several times AND was repaired by Mr..
Ainsworth. He had worked on tbs
M chine some six or Bey en- montha be
fore Foster was injured, and he knew
that the belt was liable to pass from the
loose to the tight pulley, as It had start
Cd the machine on him and came very
near catching hts hand.
1 Tnh a..A hn h. la
worked on the machine Foster was in
iured or; be commenced work about
1.-Two or three weeks after the accident
IThe guide was broken, and be com
lplsiaed to Mr.. Pusey about II. He told
1.-THE witness TO 90 10 A,nswortb, bu
when he did 80 he replied that he die
Inot have time to FIX It.
The witness fixed IL himself, but pre-
vious TO doing 30 told MIR. Pussy tina
unless 1t was fixed he would stop work
ling on it. he was told 10 throw tn,
belt of with broom stick by Mr.. Wal
raven, who said they all did It In tina
way.
u Joseph Dillman testified that b
worked on the machine for fou
dAys previous 10 Foster. The guide va
broken and allowed the belt 70 rua fion
J the loose to the tight pulley. He qui
work because he considered the ma
, chine dangerous The guide that Wa
broken wbs the one that threw tho bel
IRON the tight TO the loose pulley, bu
the other one wss In good order.
Lincoln l.. Jones testified that he hAC
worked on the maohiI both before ant
after Foster was injured. Tbs stoI
guide was broken and he called the st
tentlon Of Mr.. Robinson, the foreman
Ito It. He had known the belt TO worl
from the looss pulley to the tight pal
ley, and 1t would do 1t all the tin
) whenever It would get q chance.
Mr.. Bird said he would close witt
: this Witne g, and Mr.. VAndegTiit sal
that he would like to call Mr.. Pusey II
, sur-TebuttAl 10 contradict Giverson, bu
after wards decided TO rest the Case, Nj
r Bird then opened his argument to th
lcourt and cited mum Der OF Auihoritie
bearing on the case. He continued hi
argumt mt up to the time OF Rdjo url
lment.
al The trial OF George H. Graham WI
set for Monday, June 4th, aud tn
. Of ecial jurors summoned to try 1t WEI
u discharged uLtl that time. just befoI
u the jury were discharged uptil this a
Iternoon, Mr.. Vandegrift made hpplici
h. itioH to be allowed to take the jury
Pusey's mill 10 see the machine, b.
n Mr. Bird objected, on the ground thi
l. the machine lie not the came bow rs
- was when Foster WAS hurt, and sAl
tia he would only have bsen too m,
At ious for them 10 have seen 1t NJ tai
time.
al The Court said that If this request hl
iel been made at all it shohld have bee
y made while the evidence was being take
and conld not be- granted now.
Ill II. II. Ward, Esq, filed his reA7on +
ID new trial in the case OF Charles Hen
Riedel, after which court adjourned UNI
n 8 O'Clock.