Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1889-05-20

Superior Court recolyened at 2 O'Clock
Saturday afternoon after the noon recess,
and immediately proceeded with tue case
of Henrietta V. Parvis VS. the Philadel-
phia, Wilmington ~ Baltimore Railroad
Company,
Martin Burrs, who had been callel in
rebuttal and was on the stand when the
recess was taken, was recalled and cX-
amiued In relation to the height Of the
hedge.
Dr. William II. Plerson and JoseLh
Bigss also testified TO the beight oi the
hedge.
Robert T. Cochran was sworn, ard
testified that he lives about three miles
This side OF Middletown, and was well
acquainted with the location Of Frogtown
crossing, having Travelled over It for a
number of years. He considered it
very dangerous place, and 1t was but
seldom that he ever heard the bell rung.
lie went to bed at 8 O'Clock every
night and consequently never went over
the crossing in the evening. Mr.. Con-
8 able showed the witness u plot OF the
place, when he turned from It and de-
clared that while be knew all about the
place where the accident occurred, he
did no. know anything about plots and
did not want to know.
Henry A. Nowland testified that he re-
sides near Mid1letown and was well &C
quaintcd with the surroundings at Frog
town crossing. In his opinion the
county bridge, close to the railroad, Oh.
etructed the view, although he had never
| stood on II when train was passing.
James 7. Shailcross, Recorder of
Deeds. testified that some time ago he
made narrow escape from being struck
| hr fruft ut 10
was y q ssIErii9:sse With friend and was
positive That The bell was not rung or the
i whistle b.own.
Similar testimony was given by Joseph
Daniel, Alexander Melton and Thomas
X. Hopkins, each Of whom considered he
crossing very dangerous place.
George Waldman testified that he
talked with Engineer Grubb the night
the accident occurred, but he was unable
to say whethsr or not the engineer was
excited. McComb Clayton also testified
that he had conversation with the en-
gineer, but could not recollect much
about 1t.
| Cyrus TEtum was sworn, and testified
that Thomas Turner, the colored man
who testified that at the time of the accl.
dent he was feeding htB hogs and had
heard the bell rung told him that he was
In the house bathing his wife's head, and
! that be did not hear either the bell or
whistle. Another witness gave similar
testimony
Mrs. Paryis was recalled and was
about to tell of the conversation which
she had with Constable CraldOck in re-
ference TO her husband being a careful
man, when Mr.. Massey objected, on the
ground that it was contradictory testi-
mony. An argument ensued and at the
conclusion the Court decided that the
testimony was admissible, when MIR.
Massey noted an exception and the wit
ness was withdrawn.
This closed the testimony and court
adjourned until 10 o'clock this morn
ing.
During the day City Solicitor Turner
Il ed reasons for a new trial in the case of
q. Brooks Foster vs. the Mayor and
Council of Wilmington. His grounds
were, that the verdict wa against the
| law, the evidence and the charge OF the
Court; that 1t had not been shown that
Foster was ever in the employ OF the city
as police officer, and therefore had no
cause for action.