Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1889-05-23
STILL ON TRIAL.
THE EVIDENCE NEARLY ALL
BEFORE THE COURT.
The Case of Stewart vs. the Philadelphia
Wilmington and Baltimore Railroad
Company Occupies the Attention
of Court Yesterday Afternoon.

Court reconvened at o'c'ock yester-
day afternoon, with the Chief Justice and
Associate Judges Houston and Paynter
on the bench.
The case of Stewart vs. the p, W. s.
B. Railroad Company was resumed, and
the examination OF witnesses for the de-
fense continued.
Jacob scheller testified that he has
known James v. Mcdowell for nine years
and always considered him capable OF
filling the position that he occupied. He
had never known him to be under the
influence of liquor while he was on duty.
This witness was subjected to severe
and searching cross-examination by Mr..
Constable.
James v. Mcdowell was sworn, and
testified that he has been employed by
the p, W. g. B. Railroad Company. he
gave the order to have the car moved,
but it was the duty Of another man to see
that everything was all right before car
was moved. He knew that Stewart was
on the car but supposed that he had been
warned.
On cross-examination by Mr.. Consta-
BILE, he said that he is not now in the
employ OF the company, having left 1t
some time ago for personal reasons.
Benjamin II. Tbbeit was recalled and
testified that while Stewart was at work
on the top of the car man named An
| derson took the ladder away. The wit
ness was ordered to help move the car,
and when he went out to get pinch bar
he saw the plaintiff standing on the car.
After the car was started he heard
noise overhead and thought something
was falling, but upon finding that the
man was hurt he got ladder and went
up to him. The witness saw Mcdowell
the day the accident occurred and was
positive that he was not under the ipflu-
ence of liquor.
William G. King testified that he is
EN- ployed in the car shops OF the p, W.
s; B. Railroad Company. He remem-
bered the day of the accident, and was
working thirty-two feet from the car on
which Stewart was working. His atten-
tion was attracted by the moving OF the
car; the plaintiff was standing up and
walking toward the girder, which was
about four feet from him. When he
reached the girder he stepped over 1t, and
then stopped down and reached for roll
of tin. He was positive that he was cor
rect, as he did not take his eyes of him
| until he went to his assistance.
This witness was subjected to long
and tedious cross-examination by Mr..
Constable.
Lambert Armstrong and Samuel Por-
ter both testified to the fact of the car
being moved, and the particulars of the
accident. The last witness stated that
he was also on top OF the car, and when
he heard the word given to move 1t he
got lwn and told Stewart that be had
better get out of theway, but he did not
pay any attention to the warning.
John J. Walsh testified that he is a
plumber and was work.4S or t"n Of the
car the day of the accident, but left about
len or fifteen minutes before it occurred.
Alfred Willing testified that he is now,
and was employed at the time of the ac..
cident, at the p, W. & B. Railroad shops.
He was at work on the same car with
Stewart, but went down few minutes
before the accident occurred to get q
drink of water.
He heard some one give the order to
start the car and shortly afterwards
heard OF the accident. He helped to take
Stewart to his home, and thought he was
taken in milk wagon. He had known
of men remaining on the car when 1t was
moving, and had done so himself.
Samuel Porter was recalled and testi-
fed that he had frequently seen men on
q car when 1t was moving. He saw Mr..
Stewart on a car when it was about to be
moved, and when he was warned to look
out he replied that he was able to take
care OF himself The warning was gen.
orally given before car was moved. In
this case he did not remember that any
warning was given beyond what he gave
himself He considered Stewart very
careless man.
Justison N. Anderson testified that he
worked 10 the shop with Stewart and
knew him. The witness worked und or
Mr.. Mcdowell, and was certain that he
had not been drinking the day the acci-
dent occurred. he heard Stewart
warned just before the accident occurred.
As he was helping to take Stewart home,
he heard him say to Willing: "Al,
should have got down." The witness
knew that q warning was always given
when car was about to be moved and
always looked out for 1t He had never
seen Mcdowell under the influence of
liquor.
William G. King was recalled and testi-
fed that he saw Mcdowell just before the
accident, and was certain that he was not
under the Influence OF liquor, and he was
corrsborated In this by Samuel Porter,
who was also recalled.
A few minutes before Q o'clock court
took recess until 10 o'clock this morn
ing.