Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1889-05-23
sUPERroa oauRr.


Anticipating of court yesterday after
noon week, the jury In the case Of W. Il.
bawsins 70. Edgar Chandler came in
with verdict for the plaintiff Tor S25.
The amount claimed was $3.50.
The case Of o. Brooks Foster against
she city ives resumed. Ex Police Sergeant
Taylor said he never recognized Foster AZ
special policeman, and Chairman Saw.
don of the Council police committee
said that tho committee refused 10 allow
Foster payment for the police uniform
he procured end wore. Special Officer
Harry Schoor said ho never reoognized
Foster as anything but dog catcher.
though he had known him to do polioe
duty, occasionally, nj bis own request.
Argument OF the case by counsel on
both bides, together with yolumipoug
legal citations In support OF requests for
Che charge OF the court upon. certain
points involved, occupied the time IN 20
the hour Of adjournment.
With respect 10 the verdict Of s25 In
favor OF the plsintid, in the case OF w.
i. Hawkins vo. Edgar Chandler, there IL
q question whether this judgment carries
with It the costs OF tho case. II Ia as.
serted that a.rultng Of the court was
made numbar OF years ago, to the effect
that where a Judgment was rendered for
lesa than $50, In suit for a larger
amount the costs should rest upon tho
plaintiff. Bsssra. Johnaton Il HAYES
counsel for Mr.. Hawkins, will bring the
question before the court and ask for o
decision.
The two special jurors empaneled to
try the damRge caaes against the r., W..
& b. Railroad Company, appeared In
court Thursday and answered TO roll
call. Argument In the case Of Brooks
Foster against the city was then resumed.
City Bolicitor Turner closed for the city
and scored Foster numerically, as o man
unworthy Of belief, who was making an
unsupported and impndent claim. Mr..
Vaiidegriit ended the argument by a
atrang plea for the plaintiff. Ohief jus.
tice Oomesys delivered tho charge of the
court aud the jury retired az 1l.45
O'Clock. At IL 20 they returned with a
verdict for the plaintiff for $lu9.75, the
full amount claimed.
A notoble railroad case followed. That
OF Henrietta v. Psrvis vs.. the r., W. d
Is. Railroad Company. Hon. Charles b.
Lore represents the plaintiff and with
him was associated Albert Constable,
Eaq,, OF the Cecil county bar, who has
made himself famous by his unexampled
success in Wrestling good Yerdicts from
jnries In cases against the railroad com.
pany. For the purpose of appearing in
this case Mr.. Constable was duly ad.
mitted, pro hac viyi. to practice in the
superior court Of New Castle county.
nha 1afando NJ ann na nv mae raa.a...ksa
by Hon. George Gray and George v.
Massey, Esq.
This case Is an action OF damages
brought by Mrs. Henrietta v. Parvis,
widow of DIR. John III. Parvis of Middle,
town, who was killed while driving ACROSS
the Delaware railroad ussr Middletown,
on the night Of March 9Th, 1888. From
tho special panel drawn for the purpose,
the trial jury was finally selected, and the
opposing counsel arranged themselves
for the approaching combat. The plain
tin arrayed i'm widows weeds, and Civ
lug evidences of emotion OF her beEeave.
ment and her distressing situation, oecu-
pied seat beside her counsel. She was
accompanied by female relative, md on
her lap sat her child, beautiful little
pree.yeAts.oid girl, whose bright eyes
surveyed the strange scenes with childish
wondsrmont. btsnographer Guyer was
present to take down the testimony ver-
batlm for the use Of council for tine de-
PENDANT, and by agreement of the attor-
neys on both sides was accepted ca stem
oRrapher for the court in this case.
Mr.. Lore made the opening statement
Of che plaintiffs case. The damages are
laid in the declaration Of S60, 900, which
also alleges gross negligence on the part
OF the defendant ~ the cause OF the
death Of the PLAINTIFF husband. On the
evening Of the accident DIR. Parvis was
returning from his farm near nit. Pleas
ant TO Niddietown and while driving
over the Delaware railroad track at the
FTogtown crossing Just above Middle
town was strucE by the engine OF train
No. 30, due in Middletown ut 80
O'Clock. by the collision tho carriage
was wrecked. the horse killed and
DIR. PhIyis 80 terribly injured that
he died In n few minutes. The defendants
employees. Mr.. Lore alleged. were negli-
gent, in that, contrary to rules and law,
the engine bell was not rpng nor the
whistle blown as the train approached the
crossing. Az to the amount Of damages,
MIR. Lore said they were Ibid at $4,000
for the reason that DR.. PRryia had been
taken away ct time Of life when every
thing pronited we'll for hia peeuniary Rd-
vAncement had not his career been un-
duly cut short by this unfortunate acct
dent, aud In consideration Of the posi-
bilitiea Of what, he might have aooumu-
lated by his industry and professional
Bkill, we're not excessive or unreasonable.
The direct examination Of Witnessed
was conducted by Mr.. Constable. Fret
came Oliver V. Jemison OF Mt. Pleasant,
who droye along the State road for o
abort distance with Dr.. Parvis, on the
evening OF the accident. DIR. Parvis was
ia York wagon and witness in no.top
buggy. He made an appointment to
meet the doctor at Middletown that night
md then the doctor drove ahead, reach
ing the Frogtown crossing first. After
parting he heard the train coming and
stopped. He was then about ZOO or 800 feet
dislant from the crossing. The doctors
horse, he said, was quiet animal.
Senator Gray conducted the GROSS
examination. In answer to his CUES.
tion, Mr.. Jemison said the night
was dark and cold and the road very
rough. AZ he approached the railroad
he stopped to listen for the train, and 10
about minute the train passed BY. DC
did not hear the train, nor see 1t, until 1t
reached the crossing.
Pending further examination court ad-
iourned until 8 o'clock, p, m.
The case OF Mrs. Henrietta v. ParViH
w. the r., W. d b. Railroad Company
was continued in Thursday afternoons
session Of court. Oliver L. Jamison, the
first Witness, was continued on the stand,
and said that when he stopped OF the
Frogtown crossing until the train that
killed DR.. Palyis passed by, the train was
running 81 very rapid rate, about Do
rnilea m hour, Senator Gray Objected 70