Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1889-05-16


Superior Court resumed proceedings,
at 10 o'clock this morning with Che
Justice Comegys and Associate judges
Houston and paynter present.
immediately after the onanins tha
names OF the general and the special
Jurors were called, after which City So
licitor Turner made the closing argument
In the case oil q. Brooks Foster We. the
Mayor and Council Of Wilmington He
attacked Fosters character numerically,
and commended that he was unworthy OF
belief Mr.. Turner was In an extremely
sarcastic mood and handled the plaintiff
without gloves. He closed at IL o'clock,
and was followed by Mr.. Vandegrih for
the plaintiff.
ed Mr.. Vandegrift reformer, and that
gentleman In his closing argument re-
ferred to this, and said that II be was a
reformer 1t WAS possible that II Z. Brooks
Foster was as bad as he had been rep
resented he might be able to do him
some good, but before doing this, he
knew Of certain city officials burning to
Mr.. Turner 10 whom he would give his
attention, as he considered them more In
need Of it.
Mr.. vandegrift made q powerful argu-
ment and closed at ll.35 O'Clock, when
the Jury were charged by the Chief JUS
tice and retired at IL 40 o'clock.
On motion of the Hon. Charles B. Lore,
Albert Constable, Esq, of Elkion, Md.
was admitted TO practice In the courts of
this State. Mr.. Constable is associated
with Lore & Emmons In the suits against
the p, W. & B. Railroad Company.
A Jury was then drawn from one of the
special panels to try the case OF Henrietta
V. Paryis vs. the T., w. II B. Railroad
Company The plaintiff Is represented
by Albert Constable, Esq, Hon, Charles
b. Lore and Harry Emmons, Esq, and
the defendant company by the Hon.
George Gray and George V. Massey, Esq.
All the special Jurors drawn in this case,
except those enfpaneled. were discharged
from further attendance at this court.
The case was opened by the Hon.
Charles b. Lore, who said that this was
an action brought by Mrs. PArvis to re-
cover $50, 900 damages for the death OF
her husband, which it is alleged was
caused by the negligence Of the defend
ants.
The jury In the case of C. Brooks Fo--
ter, vs.. the Mayor and Council OF VIII
ping.Qp came ~ al 20 o'clock with a
Verdict in favor OF Foster for 500. 70 and
costs.
AS soon IS this was disposed of, Mr..
Lore resumed his opening To the jury in
the case OF Parvis VS.. the P, W. Il B.
Railroad Company. He said that on
March 9Th, 1888, DIR. John A. Psryis OF
Niddletown left his home about noon to
visit his farm, y short distance tu the
country. As he was returning In the
evening about o'clock, he was Obliged
to cross the railroad, when his ca riage
was struck by ali engine OF the
defendant company, and he was Instant
ly killed. Tue horse was also killed and
the carriage wrecked. Mr.. Lore claimed
t hat the accident was the result of negli-
gence on the part of the employees OF the
company, as no warning had been given
OF the approach OF the train by blowing
the whistle or ringing the bell. When
Mr.. Lore concluded, the examination Of
witnesses was commence
Oliver b. Unison testified that on the
day OF the accident he saw DIR. PArvit
driving toward the railroad In York
wagon. The witness was In buggy
and made an arrangement with the doc
tor to meet him that evening at festi
val, when the doctor started his horse Of
on trot aud the witness allowed hi
horse to walk. The witness was abou
700 feet behind DR.. Parvis when til,
accident occurred. The horse that tn
doctor was driving was perfectly kin'
and gentle.
ON cross-examination the witness cal
that 1t was quite cold that night, bu
there was no snow on the ground.
, was frozen and the witness drove slow o
account of the ground being very rougi
The doctor was ahead and the witnei
, stopped to listen for the train, a1d
: about a minute ii went by.
I AT l o'clock court took recess until
O'Clock THE afternoon.