Evening journal., 1889-05-18
WANTED TO VIEW THE CROSSING.
After Much Discussion the Court Says
the jury Can't Go.

After Much Discussion the Court Says
the Jury Can't Go.
The $50, 900 damage case against the
P, w. & b. r. R. Company was resumed
at yesterday afternoons session of the
Superior Court. Senator Gray applied
for a rule of the court allowing the jury
to be taken to the scene Of the accident
on special train, so that they
could view the ground. Mr.. Lore
objected claiming that the site was not
as it was year ago There were changes
| that were calculated to mislead the jury.
The Jury was polled and it was found
| that majority had not seen or were not
familiar with the crossing. Only three
or four had seen it within the past two
or three years.
The Judges we're undecided, counsel for
the plaintiff contested against, aud for
the defendant contested for the view
and the Jury discussed the matter among
themselves. After 40 minutes had been
consumed in discussing the proposition.
Chief Justice Comegys asked the Jury If
they wanted to 60 Foreman James
S. Dodd said that they preferred to 90.
After consulting with his colleagues. the
Chief Justice said to Senator Gray:
GO on with your proof" indicating
that the court did not think IL best for
the jury to 90.
Thomas Turner, colored, was then
called by the defence. He did not speak
very loud and Mr.. Massey said In his
stentorian voice:
Thomas, you can speak louder if you
want to.
Yes, can holler, If / want to, ;
replied the witness.
He said he heard the train 20 BY
with the engine bell ringing, while he
was standing by his hog pen near the
tracks. AS he stepped into the house he
heard the crash Of the collision. He
turned TO his mother and said "There,
mother. some one has been run over.
Witness then went to the railroad track
and found the body Of DIR. Parvis.
On cross examination by Mr.. Constable
the witness got off some very dry and
original remaks. He would be positive
Of nothing but what he was justified In
saying and Mr.. Constable had hard
time getting satisfactory examination
out Of him.
Valentine Doebler, a surveyor in the
employ of the p. w. q b. II. r. Com
pany, was the next witness. He made
the map presented by the railroad com
made by him.
Benjamin T. f. Craddock Of Middle
town had driven with DR.. Parvis, over
the crossing few days before the acci-
dent. He looked for a train and saw II
coming and waited for ii to come down
seeing it all the way down to the cross
ing.
The witness said on ross-examinatior
that there were no distractions at the
crossing great enough to prevent an ap
preaching train from being seen.
Nathaniel Williams was on the train
that killed DR.. Parvis, returning from
Philadelphia. He testified to the sur
roundings of the crossings and on the
cross examination said he had not crossed
the crossing at night in ten years.
John I. Layfield, conductor of the
train that struck DIR. Parvis, testified
that his train was on time at Mt.
Pleasant. The first he knew OF
the accident he felt the brakes put on
He did not hear the bell. The train
stopped about six or seven car lengths
beyond the crossing He walked bacl
on the track and found DR.. Parvis's body
1t was put in the baggage cur and carried
to Middletown.
At 5,35 o'clock court adjourned until II
o'clock this morning.