Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1889-10-03
4 EERDIor ZOE $1,000.

Hours the Jarvis Jury Conn
promises on a Verdict for Nominal
DanaEess
Judge Payntar having arrived, court
was opened at o'clock yesterday after
noon week, with Chief Justice Comegys
and Judge Paynter on the bench.
Ambrose Ferrell, colored, who pleaded
guilty to the larceny of q lot OF clothing
from the clothing store of 1. Hamburger
T., 4 Sons, wss sentenced to pay costa aud
restitution money, be whipped with
10 lashes on Saturday next, and be
imprisoned three months.
:, Isaac Oarty, colored, who pleaded
guilty to selling policy slips, was sem
tenoed to pay 800 fine or In default
thereof be Imprisoned three months.
Martin Leonard, of New CASTLE pleaded
guilty to charge Of selling liquor to q
minor, aud was fined $50 and costs.
The trial of Sewall Hall, colored, in
dicted for assault and battery with intent
10 kill, was deferred until next Monday.
Levi O. Bird, ESD, counsel for tbs
plaintiff In the case Of Mary Wallace vs.
Che Wilmington Il Northern Railroad
Company, action for damages, asked for
q peremptory order for trial OF this term
Of court, q. q. Bradford, Esq, counsel
the decision of the court was reserved.
Then the case of Henrietta ParyiH va. the
r., W. ~ B. Railroad Company, which
tssulted in disagreement of the Jury at
Che May term of court, was started upon.
Hon. Charles b. Lore and Albert Con-
stable Of Elkton, Nd, are counsel for the
plaintiff and Senator Gray and George
v. Massey, ESD, for the defendant. The
plaintiffs husband, DIR. John H. Psrvis,
while driving across the Delaware rail
Dad OF the FrogtoNn crossing above
diddletown, on the night Of March 9th,
1888, was struck by the engine Of the
,outh-bound accommodation train and
snstantly killed. Negligence, by reason
of failure of the engineer to sound q
warning whistle on approaching the
crossing was alleged and suit for
damages brought. From the special
panel summoned to try this case, the
following jury was drawn: Jonathan X
Williams, Amos Sharpless, George w.
Williams, Miller Il. Barton, Theodore NJ
CLARK, Isaac o. Pyle, James Gray, John
P. Doughten, John O. Plat, John Pugh,
William e. Hawkins aud Samuel Silver
Granville Worrell was drawn, but MIR.
Lore challenged him on the ground that
he had formed an opinion in the case,
and the court held that this was good
ground for challenge.
This case Is one of unusual interest.
The damages are laid at $50, 900 and the
counsel engaged are able and eminent.
The prosecuting witness, arrayed in deep
mourning, occupies seat with her coun-
sol and is accompanied by pretty little
fair-haired girl, three or four years of
age, who trips lightly around among the
trave attorneys, beaming upon everybody
and utterly oblivious of the grave inter
sts at stake affecting her future.
The case was opened by Albert Con-
stable, Esq, with statement on behalf
of the plaintiff. Senator Gray asked
that the jury be taken to the scene OF the
accident, but Mr.. Lore objected, claim
ing that tho present condition of the
railroad crossing is radically different
from what it was when the accident &C.
CURED. The court refused the request.
The taking of testimony was then be-
gun, and Oliver b. Jamison, Alfred
Hevelow. Benedict W. Hutchinson and
james Daily, who were in the vicinity Of
the crossing when the train that struch
DR.. Parvis' carriage went by, all testified
that they did not hear any warning sig.
nal, either by the blowing of the whistle
or the ringing of the bell. Then court
adjourned until 10 O'Clock this morning
The case of George B. Stewart Va. the
p, W. d b, Railroad Company, action
for $4,000 damages for injuries sus
tanned while working in the car shops ir
this city, will also be tried at this term
the jury having failed to agree in tria
OF the May term. The following special
panel of jurors have been summoned fol-
I.xh
William e. Appleton. st. Georges
Daniel W. oorbit, Henry Clayton, William
II. Cochran. Red Lion-Jsmes Garman
Joseph Il. Pennington. Pencader-
Andrew s. Eliason, L. frank Ellison
New Castle-Lewis e. Elason, Georgi
W. Eokles, Douglass M. Mccoy. Whit,
CLAY Oreek-James H. smalley, Nathan
II. Motherall. Mill Creek-Johu M
Phillips, Charles f. McVaugh. Christian
Alexander Everson, Jacob Way, Johl
,. Sharpless. observation-disclosures q
Bird, Thomas Weldin. Wilmington
Arthur Il. Smith, Thomes Darlington
William Bowe, Henry O. Robinson.
Thursday afternoons session of cour
was entirely occupied in hearing test
.mony for the plaintiff in the case of Mrs
,Parvis vs. the p, w. & Il. Railroa
Company. Martin Burris, James 4
Bhsllcross, Henry G. Whitlock, Josep
A. Daniels, Alexander Milton, Josial
Y Blackwell and Wilmer A. Pennington CAV
testimony about the dangerous condition
of the Frogtown crossing, near Middle
4 town, where DR.. Parvis met his death
The plaintiff also testified as to her pres
emit financial circumstances and the pros
poets that her husband had in view O
"a the time OF his death. With this test
w mony the plaintiff rested and court nd
journed until O'Clock, Friday morning
The other side of the Parvis case we
H. heard at Friday mornings session q
court. q. v. Massey, Esq. opened for th
defendant, and claimed that the trai
which oollided with DIR. ParviH' earring
was regular train, running on schedul
time, and had been running on an III
changed schedule for several years priC
TO the accident. He held that DR.. Parv
was aware OF the running of this traiI
and could have avoided the collision ha
he exercised the ordinary care aud dill
gence that are expected Of people driyin
along the pnblio highways crossed b
1ailroad tracks.
In the taking Of testimony, Il. Bradfor
Murphey, trsinmaster of the DeIawsi
railroad, said that this train had bee
running on the existing schedule sine
~ 1852. James Grubb, who was enginet
of the train that oollided with DR.. ParVi
carriage, testified that the engine be
had been rung for the usual length
NJ time before reaching the Frogtown eros
ing, where DR.. Parvis' team was encoul
Ep 90, 10