Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1889-12-12
ment and adjourned until Monday morning

court convened at 10 O'Clock with oil the
judges present.
Attsr the names of tho jurors were
called William q. Spruance, ESD, pre-
scented the petition OF John W. Hawkins
and others, setting forth that certain par
ties, many of whom were named, had
| been unable to pay their taxes on account
Of the Discrimination of the collectors to
accept them. That they had issued
| powers OF attorney to James l.. Hawkins,
Benry O. Mshaffy and others to pay the
| taxes in their stead. That the collectors
had refused to honor thess powers of at
torney, and they therefore asked that a
| rule should be granted on the collectors
| TO appear and show cause why peremp-
| tory writ of mRudRmu5 sEEll not be
granted, compelling them to honor these
powers of attorney, and accept the taxes.
| The petition was accompanied by several
| Rtfidayits, and the court made the rule
returnable to. day.
John II. Rodney, ESQ.,, in behalf OF
| the collectors, objected, but the court
said that when the case was called the
| time could be extended.
Mr.. Bradford, one OF the attorneys for
the defence in the case of Mary Wallace
| Va. the Wilmington Il Northern RAILROAD
| Company, stated that as one of the jurors
in the case, John o. Oorbit Of st. Georges
hundred, had q death in his family, he
| was willing 10 have him excused. Mr.
Bird, for the plaintiff, said that under the
circumstances he was willing to continue
with IL jurors, and Mr.. Oorbit was ex.
cussd.
The examination Of witnesses was then
resumed.
William luke, superintendent o: the
Rocklaud paper mills, testified that the
| plaintiff moved 10 Rockland in 1856
and several of the mill hands boarded
with her. The witness had frequently
seen her carrying heavy baskets or mar
koting, and never knew that she was sick
or ailing in any way.
Alexander Colquhonn, storebeeper at
Rocklhnd, testified that he knew the
plaintiff during the time she resided ut
Hocklend, but never knew that she was
SICK or aiiing in any way. He had fire..
| quently seen her carry heavy baskets Of
marketing.
Walter ID. ingram, who had boarded
with Mrs. Wallace at Rockland, frequently
saw her, with her daughters, attending to
the work about the house. He never knew
that anything slled her, end had seen her
carrying heavy baHkets.
Henry Witsil testified that the lamp on
Madison street, near the station, was
always burning brightly, both before aud
after tho accident.
Patrick McGarrity was recalled and
testif ID that the lamp in front OF the gas
works was always burning ut night, and
gave bright light. He had also seen
The light Mt tho station and considered 1t
sufficient for ali purposes.
Engineer Elwell was recalled to show
that many of the passengers on leaving
the train at Madison street, were In the
habit of cutting across the tracks to Enet
Liberty street, and as this WAS dangerous
the company had done everything to pre-
vent it, even 10 putting up fenca.
Nh. Bird objected aud long argument
snsued A ] o'clock court took q recess
until $50 O'Clock.
AS soon as court convened in the
afternoon the case of Mary Wallace vs..
the w. ~ N. Railroad Company was re-
Bumsd,
Engineer Charles o. Elwell, who was
on the stand when the noon recess was
taken, was recalled, when Mr.. Bird said
that he would Withdraw all the objections
which he mad raised. The witness then
testified thst, &c it was the custom OF
many Of the passengers, upon arriving
at Madison street, 10 cut across the rail.
road tracks to Liberty street, the COM
pany had put up fence TO stop them.
Francis =. Hill stated that for some
time, until 1887, there was foot bridge
across the sewer at Madison street, which
the company had placed there for the
use of their employees.
| T,amfa Rnnar taaifGaI ,,nkiI
1857 he was the general freight agent OF
the w. u N. Railroad Company and had
frequently been at the Madison at eet
station in the evening. There WAS light
there, which he considered guili silent to
illuminate the platform aud everything
around. He thought that with the lights
at the station and those along Madison
street, passeng could see from the
station to Eighth or Ninth street.
James Il. White was ut the Madison
street station in October, November and
December OF 1856, at least five nights In
each week. There was always light
burning sufficiently bright for any one to
sec their way from the station to Madison
street. There was no light Of any other
street but Madison, that could be seen by
any one from the station. person al
the station could easily see the light al
Madison street.
Alfred q. McCansland, auparindent OF
the defendant company, said that the
station ct Madison street WAS well-lighted
at the tlHe of the accident and also a.
the present time. There was large
lamp Inalde of the station and also one
outside. A large lamp In glass case was
brought into court, which the witness
Identified MS the lamp that was III use al
the station the night of the accident. A
smaller lamp was also produced, which
J he said was the one in use inside the sta
ton that night. The large lamp was
. tested at DlWton's last Saturday night,
and II was found that it threw q
light for distance OF fully 30 feet.
The witness was able to read large
: print over five feet from the light a
lew days before the accident the wit
ness wrote to company in
reference to different kind
OF lamp which he had seen
, in use on the Pennsylvania railroad.
These lights were subsequently adopted,
but were afterwards superseded by eiec.
trio Lights. The principal object in
; getting these lights was to save the
trouble and attention required by the oil
lamps. Hn thought that person could
easily Ees MADISON street fToIn the sta.
ton without light. In consequence OF
many OF the passengers taking short
cut from Madison street station 70 East
i, Liberty street, the company erected a
fence 10 put stop to il. The witness
, had On several cpcasious warned persona
about crossing that way.
Mr. Bird subjected the witness to q
/ long nnd searching crogs examination,