Evening journal., 1889-12-05
THE r---..-- oe-ne.
Facts to be Pasve.s - ne Wilmington
and Northern itailroad.

Facts to be ParVe.g Ds ne Wilnsiagt ton
and Northern Aailroad.
The first witness in the Wallace case
before the Superior Court yesterday
afternoon, was Joseph Borden, who lives
In Browntown. He was coming into the
city on the night of the accident and saw
the station light put out. He heard q
woman's voice cry Mother, and dis
covering what predicament the women
were in, helped them out of the sewer.
f. r. Carswell testified to scme meas
urements and the plaintiffs rested their
case
Edward g. Bradford, Esq, opened the
case for the defence. He stated to the
court that the defence would reserve
their propositions of law until they
made their prayer for instructions TO the
jury. He then stated that the defence
would endeavor to prove by their evil
dence. as follows. They would show that
the claim for damages was not fair
or honest. That 1t was fictitious claim
and the woman was an instrument by
which wrong was intended against the
defendant corporation They would show
that the railroad company had committed
no wrong against the plaintiff, and was
not guilty of negligence which caused
the accident from which she suffered. 1t
would be proven that the defendants fur
nished proper station, suitable for the
purposes for which it was intended.
1t observed all due care and precaution
to prevent injuries to its passengers. A
proper platform was furnished at the
station, with an iron railing across its
south end and back. A safe crossing
was provided from the north end-of the
platform to Madison street. There was
q proper light at the station which
threw light in the direction of
Madison street. There was a light
on the gas building, which lighted the
street. Among the many people who
alighted from the train was man with
lantern, who went in the direction of
Madison street, followed by several of
the passengers. The light was not ex
tinguished until the train had left the
station. Mrs Wallace and her party
rashly walked in the direction of East
Liberty street. and the whole case was
marauding expedition against the rail
road company.
When Mr.. Bradford concluded court
adjourned until o'clock this morning.
The taking of evidence for the defence
began when court convened at o'clock
this morning. Francis l.. Hills, chief
engineer of the w. g. N. r. r. Company,
was the first witness. He exhibited
map of the Madison street station which
he prepared, and explained its details to
the court and jury. Charles @. Ellwell,
assistant engineer, gave evidence Of a
HimilaT character.
Samuel Boylen, youth of 10, who in
1886 was office boy of the companys 8
general Office, and who met all trains at
the Madison street station to receive the
mail and who attended to the lamps at
the station, was au important wit
ness. He saw about ten persons
alight from the train on the night of the
accident. Most of them went towards
Madison street and over the crossing. lie
extinguished the light shortly after the
departure of the train, but did not see the
Wallace party. AS he went towards
the main Office of the company, he heard
some one cry out for light. Witness at
once suspected that some one had fallen
into the sewer Mrs. Hunter in conversa-
tion some weeks after, said that no ons
was hurt much save Mrs. Wallace who
was Jared up somewhat Mr.. Bird put
the witness through narrowing. irrita-
ting, cross examination, but he stood it
well.
At o'clock court adjourned until 2.30
o'clock this afternoon.