Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1889-05-23

'4S Sh17niNBs Nle thouKnt lne train WHR
running faster than usual ct the time Of
the accident. When be got ont he saw
the seat OF the carriage and the buffalo
robe 90 the cow-catoher OF the engine.
pr' Paryis WAS lying between the tracks
dead. The witness worked on DR.. Patyis'
farm, Of Mt Pleasant, aud ho saw tho
Doctor just before the latter left the farm
and started to drive to Middletown,
Then he started for Mount Pleasant to
take the train.
In giving his testimony Charles got
somewhat badly mixed up In his time, as
according to his statement he left the
farm at IA minutes past O'Clock, and
reached the station,a mile and three.
quarters distant, st 10 minutes past z.
Despite this remarkable sprinting record
no insisted that his observations were
correct only qualifying them so far as to
say that the clock at the farm house kept
farm time, while the station clock kept
railroad time.
Another passenger on the train, George
Waldman, heard no bell nor whistle, but
felt the crash aud the jar of the brakes
when the train stopped, and aided the
engineer in removing the debris from the
oow-catcher. Then he ran back aud
almost stumbled over the dead body OF q
man, which WAS lying between the tracks
about square below the crossing. Con-
ductor john L. Layfeld Joined him, and
flashing lantern into the dead mans
Ease, recognized him as DR.. Parvis.
Additional testimony upon the speed
or tho train at the crossing and tho fail.
ute OF the engineer to ring the bell or
blow the whistle was given by Richard
hutchinson, William II. Loper and James
Massey, colored. The testimony Of
Thomas x. Hopkins was to the effect that
the night was cold, dark and somewhat
hlustery. Henry q. Ellison testified to
finding the horse down an embankment,
about rs yards below the crossing and
portions Of the carriage wreck strewed
along the tiack for distance Of $50 to
800 yards below.
The fact that the defendant corporation
operates the Delaware railroad was ad-
mitted by the defence without proof.
The fact Of the plaintiffs marriage
10 DR.. Parvis was testified to by hor
brother, Garrett J. Hart. The ceremony
was performed by the Rev. d. O. Ridg.
way on March 10th. 1870. At the time
OF his death, MIR. Hart said, DIR. Parvis
was Al years OF age, In good health, OF
good business qualifications and diligent
habits.
At 5.95 O'Clock oodrt adjourned until
10 O'Clock Friday morning, Mr.. Lore
stating that by adjournipg ct that time
they would HAYS an opportunity of
abridging the PLAINTIFF testimony and
materially shortening the case.
During the afternoon there was large
| I'D - "a
tracted by the somewhat unusal oombina.
tlon Of legal talent engaged in the case.
There were several sharp passag, between
counsel over the admission Of testimony,
In which the contention was lively and
the lines finely drawn. The widowed
plaintiff sat silent and sombre, an object
OF continued attention, while the sweet.
faced, fair-haired child roamed at will
around the bar, prattling and smiling and
fondling pretty doll, utterly unconscious
of the grave Issues pending In which she
ia so materially concerned. Tho scene
was one Of touching, dramatic interest,
seldom Witnessed In the courts Of this
county.
Iu the case OF Henrietta v. ParvIs VS.. the
r., W. B. Il Il. o., Friday morning, George
NJ. d, Hart, brother OF the plaintiff and ad-
ministrator OF DR.. Parvls, testified that the
doctors estate was valued at $4,000, with
encumbrances amounting to 600. In his
| opinion, Or. PRrvis' business abilities and
| prospects were such us TO warrant the be-
lief that he was at the time OF bis death In
a fair way to wipe out all OF ths obligations
| in a few years,
Nathaniel Williams testified thBt DR..
Parvis was a man possessed OF business
| qualifications above the average, ehrewd,
| nff n mi
! a fair way to clear his property and mako
his estate profitable. Dir. William II. Pier
SOL testified that DR.. ParvlH, at the time Of
the accident, was d man OF vigorous health.
William W. Knox, a life insurance agent,
produced the life Insurance tables OF the
average duration OF life and showed from
them THAT the average expectation OF living
ia the case Of q healthy man II years OF
age ~ 49, 90 years according to the Amerl-
can experience, and 21bO years according
TO the confined foreign and American ex-
pefience.
Then Mrs. Patvis took the stand and testi-
fed that Dr.. garvis, during his life, pro-
vded very liberally for ME family, inereas.
| Ing ia liberality as his means Increased. AT
ths time OF his death bis business was
prospecting and had been constantly i'm
! proylng for soma time. Sne has four chill.
| dren, three girs and boy, aged respect
lively 10, Is, Z and ~ years, and upon nor
tho burdou and responsibility OF their care
and keep now dbvolves.
| Hero the plaintiff rested, and Senator
Gay and Mr.. Massey retired for consuta--
| ton, On their return Mr, Massey opened
| the defendants case before the jury. He
| claimed TINT tho uefsnce would he able 10
\ shoy auch Il condition Of facts as would
prove beyond doubt that the accident
which resulted In the fatal collision was 10
nowise due TO any negligence on the part
| yNaf.r In NM
| was on its regular schedule time, running
| al it's usual rate Of speed, and that the
| usual whistle signal was given, and the
| engine bell rung as the train approached
| tns crossing where the accident occurred.
The taking OF testimony then beghn, Mrs.
Laura M. Daley was driving into Middle
| town on the evening OF the accident, and
| after crossing the track heard the bell and
! whistle OF the approaching train, the same
! that eollided with Or. Parvis' carriage,
! James s. Grubb, tho engineer OF the train,
| te titled that he arrived on time at Mt.
Pleasant on the evening OF the accident,
| and was running about 80 to 40 miles an
hour as he approached ffogtoWn crossing,
Here be gave the customary whistle signal
and the fireman rang the bell. When
| Within 10 or 20 feet Of the crossing he saw
a team going over the tracks, the horse
| apparently trotting at lively gait. He
| then shut OIL steam, applied the
brakes, blew the whistle and put on the
sand. The train ran for $50 or 200 yards
| before stopping. He got OF. notified the
| conductor that he bad struck team, and
going back found the dead body OF DR.,
| Paryis. the horse and parts OF the wrecked
! buggy The train, No. 80, had been run
ming on an unchanged schedule for about
10 wears, Fireman William Ryan eorrobo.
rated the testimony Of Engineer Grub re-
shooting the running OF tho train and the
sounding OF the bell and whistle.
court adjourned until O'Clock, p. M.
dav siternoon's session OF court, Senator
draw. OF counsel for the defendant COM
nany' asked the court for permission to
py 80 I,ru 10 NidiIetown ON the $50