Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1889-12-12

rhe Evidence in tho Long Drawn
out Damage Case finished aud
Aro1.a,,e.,r Cau,o,enced

out Damage case FINISHED aud
Argument Commented.
At 8 30 O'Clock yesterday week the
plaintiffs side of the damage suit against
the w. Il N. Railroad Company was
closed, after the examination OF two
witnesses, John Bardon and f. Il.
Oarswell. The first mined testified to
being near the Madison street station
when tho accident 10 Mary Wallace and
others occurred. He said that he Jaw
man at the station with lantern and
later hoard tho cries for help which came
from the sewer into which the party had
fallen. Mr.. Uarswell was again called TO
explain some new measurements of the
scene whieh he had taken. At this point
Che defence was opened by MIR. Bradford,
who delivered an address to the Jury
lasting about 45 minutes
Iie said in substance; We shall en-
heRyor to prove to this jury that this
claim Of Mary Wallace ia not fair or
honest one, but ON the contrary, one
purely fictitious. We shall show, too,
that there was no negligence whatever on
the part OF the railroad company. 1t has
always had the reputation OF protecting
lss patrons in every why possible and in
this case Ind provided station in every
way safe and convenient to it's patrons,
throwing around it every precaution that
was necessary to the safety of passengers.
We shall show that the plAinti II aud her
companions were clearly and wholly re-
'ponsibie FOR the accident that befell
snem, by treHpassing npDn the railroad
company'a property when 1t had pro.
eided another and legitimate exit from
its station. He asserted that the plaintiff
was the author of her own injuries and
Shat moreover the injuries from which
abe is now suffering are not the reault of
her fall into the sewer three years ago.
In closing his address he characterized
che whole thing as mRreuding expedi-
tion against the Wilmington u Northern
railroad.
Court then adjourned until Thursday
morning when the defence will produce
its witnesses.
The fourth day Of the damage suit of
Nary Wallace vs.. the W. II N. Railroad
Company opened Thursday morning at
court with the testimony Of the first wit
neBsfor the defence, Frances Il. HILLS, the
chief civil engineer of the railroad. With
the map of the locality OF Madison street
station before him he showed to the Jury
and court the details OF the company's
property. He was followed on the
witness stand by Charles o. Ellnell, the
assistant chief engineer OF the came rail-
road, who also gave a lengthy elncida-
tion OF the maps and charts. He was
sharply questioned ss to the occupation
of the railroad tracks in front Of the
station.
After this came Samuel Boyd, o young
lad who was ut the time of the accident
in 1856 the Office and general utility boy
of the company. He stated that he waB
ut a. tpI s.,& k,ng
evening and that about 10 PERSONS got of
the train, oil of whom, save the Wallace
party, went across the Madison street
CROSSING iu the right direction. lie put
out the Tampa very shortly after
the departure of the train and
a did not see tho Wallace party.
M After this DO went at once ncross
81 the TRACKS, towards the main office of tho
company and on his wAy he heard some
one cry out that he wanted light. Wit.
meas OWNED at once that come ono had
fallen into the sewer, some weeks after.
wards witness Was approached by Mrs.
Hunter who held some conversation with
him about tho accident. In answer 10 an
inquiry from witness, Mrs. Hunter de-
Glazed that nuae OF hor party WAS hurt
mnoh save Mrs. Wallace, who was Jared
up somewhat. The lad wSs upon the
stand for oyer an hour aud stood well the
Renrching eross.eXam. nation of Mr.. Bird
William Cause, of the Kennsbec Ice
Company, was The first witness in the
afternoon in the damage suit OF Mary
Wallace vs. the w. IL N. Railroad Com
pauy. He declared that LIE was very
familiar with the scene Of the accident
ard he thought that no person would
have difficulty in finding his or her way
from Madison street stat on of this COM
pany even upon dark night.
William X. Tu.ty, an euploye o. the
Baltimore " Philadelphia railroad was
near the scene OF the accident. He
thought that the lights around the sta
tion were sufficient to light up the prem.
ises OF the station and that cars on the
sidings opposite the station did not en-
tifely obstruct the view of other lights. In
answer to MIR. Birds query Gs TO the in
tenstty of the station lights witness
finally said that they were 80 intense that
they would serve to keep man warm by
looking at them There were some other
very amusing aaliies, which served 10 keep
counsel on both sides in good humor.
Next ON the Witness stand came Patrick
McGRrrity and Edwin X. Faust. The
latter WAS the man who carried the Ian
tern near the Ecane OF the accident on
the might in question, but his testimony
contained nothing startling.
The damage suit of Wallace vs.. Tho W. x
N. Railroad Company dragged YEARLY
along In court Friday morning.
Dr. Chandler Of GeutreYille testified that
he wa3 chi ed to attend Mrs. Wallace alter
the accident. He paid her three visits
daring which ms prescribed foc u pain
which she complained OF IN her back. She
eempietaed OF nothing but pain in her
back, uni shortly after the disrontinua'iou
OF his Visits no snW,Mr4. Wallace WALKING
upon the street apparently well.
DR.. Cline OF Camden, n. j.. an expert on
cancers, testified that he had attended Mrs
Wallace and treated her for uterine cancer
which was typical and ordinary case
running the ordinary course OF such dis
eases aud not at all likely to be the result
of q fall. Witness was very sharply cross
examined ty Mr. Bird VINO brought out the
lact that the former was paid 800 for his
EXPENSE In coming here to give testimony
BY the defence.
DIR. Shortiidse also stated that he had
never seen IN bis practice d cancer OF tht
Kind the plaintiff suffered from which was
produced b. q fail.
DR.. Bullock, who has attended plaintiff
agreed with the foregoing testimony. Sht
did not manifest any symptoms Of disease
save OF caucer AMI he also hal nevos seem
or heard OF u similar ease Of cancer pro.
duceu or prpgip ated by II tall OF any kind
Drs. Gr!msLhw, Maui, Greenleaf aud
Chandler al Answered mo" 10 the usua
questlOn--"CoulL % cancer OF this mature
be produced By Il fall"
hrs. Eatgarut Cloud, who boarded with
Mrs. Wallace. niter tbs accident, said TIA