Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1889-09-26
THE PARVIS DAMAGE CASE
EVIDENCE FOR THE PLAINTIFF
BEING TAKEN IN COURT.

A Jury Drawn Yesterday Granville wor-
reil Excused for Forning an opinion.
Evidence of no Danger sIgnais-ob-
stractions at the Frogtown Crossing.
Before the ParvIs case WAS taken up in
the Superior Court yesterday afternoon,
Edward g. Bradford, Esq, argued against
an amendment to the bin of declaration
which Levi G. Bird, ESQ. wished to
make in the case of Mary Wallace VS..
The w. N. K r. Co The plaintiff
sued for damages sustained by falling
into ditch or sewer after alightiHg
from Wilmington and Northern train
at the Madison street station on a
certain hight, alleging that the neglect
OF the autobiography to provide proper
| lights, cansed the accident. Bradford
and Vandegrift are counsel for the rail
road company and Attorney General
Biggs and Levi G. Bird, Esq, for the
plaintiff. Mr.. Bradford claimed that the
proposed amendment made an entirely
new case and desired continuance, II it
was allowed to stand.
Mr. Bird maintained that the amend
ment did not affect the issue.
The court postponed the argument
the Parvis Damage Caae.
The following jury was drawn to try
the case: Jonathan X. Williams fore
man; Amos Sharpless, George W. VIII
liams, Miller r Barton, Theodore F.
Clark, Isaac G. Pyle, James Gray, John
P. Doughten, John e. " Platt, John
Pugh, William E. Hawkins, Samuel
Silver.
The jury is composed OF intelligent,
prosperous men. fully capable Of finding
verdict in accordance with the facts
and law. Jonathan K. Williams, the
foreman, is wealthy farmer OF st.
Georges hundred Four more of the
jurymen are farmers. Messrs Theodore F.
CLARK and James Gray Of Red Lion
hundred. and John Pugh of New Castle
hundred. Samuel Silver is a retired
farmer of Red Lion hundred Miller R.
Barton is miller at Newark and John
E. " Platt runs mill near Chrstiana.
Amos Sharpless is a merchant in Chris
tiana hundred George w Williams is
cashier of the National Bank at Newark
Isaac G. Pyle is the genial proprietor Of
the Clayton House in this city. John ?.
Doughten is the well known dealer in
gentlemen's furnishing goods on Market
l
young and popular real estate agent
The following jurors were drawn and
challenged by the plaintiff: Sereck F.
Shallcross, Isaac G. Grub, Giles Lamb
son. The following were challenged by
the defence: William M. Kennard
Charles Fl. Solomon, William M. Pyle
David Eastburn and James Fl. Hoffecker
were called but were not present.
Granville NVorral1 xuau hal -
cause by the plaintiff Mr.. Lore stated
that the cause was that he had formed
and expressed an opinion, in fact
his mind was made p. Mr.. Wor
rell had told him so. Mr.. Gray
objected to the challenge Mr.. Worreil
correlated what Mr.. Lore had said. and
said furthermore that he had expressed
an opinion in favor of verdict for the
railroad company. He was requested to
step out of the box.
Mr.. Gray argued the point again and
after an apology for the question.
the Chief Justice said: "Mr.
Worrell, are you acting in bona fide man
ner in this case, or is the opinion you say
you have formed a device TO get off Of
the iury.t
Mr. Worrell answered, II read the
testimony of the first trial and formed
an opinion before the verdict was rem
dered. | told Mr.. Lore and Mr.. Gray SO,
but they said | could not be excused. :"
Mr. Worrell was allowed to retire.
Albert Constable, ESQ.,, opened the
case for the plaintiff, stating the circum-
stances Of the accident through which
DR.. John II. Parvis was killed, and
which are familiar to the public. DR..
Psrvis was driving across the Frogtown
crossing of the Delaware railroad near
Middletown, on the evening of March s,
1883 and was struck by train and in
stantlY killed. The plaintiff alleges that
the proper and necessary signals were
not given and viii ask for $50, 600 dam
ages.
After Mr. Constable had opened Mr..
Gray asked the court to allow the Jury
to be taken to the scene Of the accident,
to see the condition of the road. Mr..
Lore objected on the ground that the road
has been greatly changed since the acct
dent, and was net in the same condition,
Chief Justice Comegys refused the appli
cation after consultation with Judge
Paynter.
Taking Evidence.
Oliver B. Jamison was the frst witness
for the plaintiff On the 9th of March.
1883, while driving to Middletown he
caught up with Dr. Parvis, who was also
driving, near the Frogtown crossing.
After exchanging few words D1. Parvis
drove ahead Witness stopped to listen
for the train He did not see it or hear
it until it was opposite him and went by
He saw the rim OF wheel near the track.
but did not know an accident had oc.
CURED until he got to Middletewn. The
trains speed was forty-fve miles an
hour
Alfred Heyalow was walking on the
road near the crossing and heard crash
as the train passed the crossing He had
heard no bell or whistle There was a
little wind blowing. Witness went back
to the crossing and saw the body OF Dr.
Farvis, the dying horse and the wreck Of
the carriage.
Benedict w. Hutchinson lived on g
farm near the fatal crossing, and saw the
train pass that night. He heard neither
whistle nor bell and noted that the train
was running very fast, he thought fifty
mixes an hour.
James Daley drove across the track a
short time before the train passed and
saw it approaching. He heard q short
toot of the whistle after he crossed the
traek and was $50 yards away. he
also heard the crash and went back to the
crossing, where he saw the body Of DR..
Parvis.
At 4 40 O'clock eanrt ad;or-,..S ,,,,4il