Daily Republican., 1889-09-26
SUPERIOR COURT.
4 NUMBER OF PRISONERS
SENTENCED.
Tho Case Of Henrietta v. Parvis vs. The
r., w. g. Ii. Railroad Company
Again ON Trial-A Motion to
Take the Jury to tho
Place of tho Acci-
dent Denied by
the Court.

OOuTt Ttsuncu prOccsuinHb htS ciOck
yesterday afternoon, with the Chief JUS
bench.
Ambrose Farrell, who plead guilty to |
charge Of the larceny Of clothiog from |
Hamburger & Son, was sentenced to |
pay the costs Of prosecution. be impris-
oned three months, and on Saturday |
next be whipped with 10 lashes.
Isaac CArty, colored, plead guilty to |
charge Of selling policy slips. He was
sentenced TO pay the costs OF prosecution |
aud fine Of 800, or in default be i'm
prisoned three months.
Martin Leonard of New Castle, who |
was indicted for violating the liquor law
by selling liquor to n minor, pleaded
guilty, and was sentenced to pay the costs |
and fine OF $50.
Levi q. Bril-, Esq., for the plaintiff, |
called UP the case OF Mary Wallace, vs.
| the Wiimin stou g. Northern Company. |
| This Is suit to recover damages Tor In |
juries sustained by the plaintiff through |
the alleged negligence OF the company.
The plaintiff was passenger on q train
| belonging to the deft ndants company,
and got out al Madison street station. 1t
is alleged on her part, that there was no
| lights On or around the premises Of the
defendant, and that owing 10 this omis-
sion sho fell in'o run, and sustained Sc
rious injuries.
Mr.. Bird asked that the case should be
taken up at the present term, but this
was opposed hy e 9. Bradford, ESQ.,, on
the part Oft he defense, and after argu-
ment by Counsel the court stated that It
would withhold decision for the pres
ent.
The case of eewali Hall, colorcd, in
dicted for assault with intent to kill, was
continued until next Monday.
The case of Henrietta v. Parvis VS.. the
Philadelphia, Wilmington u Baltimore
Railroad Company was then taken up
and the following jurors impaueled:
Jonathan II. Williams, Amos Sharklcy,
Theodore NJ Clark, Isaac G. Pyle, James
Gray, John T. Douzhten, John q. Platt,
John Pugh, William z. Hawkins and
Samuel Silver.
Granville Worrell was called as juror,
but Mr.. Lore objected, on the ground
that he had expressed an opinion that
there should be verdict In favor OF the
railroad company. Mr.. Gray, in answ er,
!, said he did not suppose there were many
men who had read the evidence at the
former trial that had not expressed an
opinion one way nr tle other. as Mr..
Lore still urged his objection to Mr..
Worre.l, the Court questioned the Juror,
and after hearing bis answers decided To
excuse him. Several other jurors were
challenged, and twenty-one were drawn
" before the Jury was finally selected.
THIS Is an action to recover damagel
for the death of her husband, DR.. Parvi
OF Middletown, who was killed at Frog
town Crossing, near that town, on thi
night of March 9, 1888. Tho case wa
tried at the May term, but as the jurJ
failed to agree upon verdict 1t had Il
be taken up again. The plaintiff Is rep
v resented by Hon. Charles d. Lore OF thii
city and Albert Constable, Esq of Elk
= ton, Md, and the defendant company b]
Hon. George Gray and George V. Massey
i. Esq, of Dover.
Il Tee case was opened to the jury by Mr.
Constable, who spoke about twenty min
!. utee. He outlined the grounds Of th,
r suit and the n ason why, In his opinit n
damages should be allowed.
d When he closed Mr.. Gray asked tn,
Ii court TO permit the jury to visit tn,
scene of the accident, so that they wouli
be fully able to understand the evidenc,
whtn given by the Witnesses.
70 The application was opposed by Mr.
, Lore, who said that he would have M
l. objection and would favor the motion
I, the place was at the present time thi
d .ame as II was when the accident oc
Is cured. lie contenc ed that in the pres
Y eht condition OF the place It would onl
'r be calculated to mislead and confuse th
4 jurors.
Di The court declined 10 grant the motto
Vt on the ground that as the condition {
IN things are now different to what the
to were at the time OF the accident, Wis
ar to the place cou d not be oil any use to til
ID jury.
I. Oliver B. Jemison testified that he r,
O. sides about four miles from MiddletowI
W On the evening of March Q, 1883, he ws
on his way to Middletown in q bugg
and overlook DR.. Parvis, who was in
York wagon. 1t was alter O'Clock an
v. quite dark. They were both driving Il
ID ward Frogtown crossing, and after cor
a vernng with the witness the doctor dro,
as On, saying that be would see the witnel
H. again in the evening. The next time II
Of witness saw him was in Middleiown, an
q he was dead. The witness did not col
he tinue down to the railroad, but waite
u near Q small house until the train ha
IL passed. The witness could not see Ii
es train coming, and did no. hear the whist
s. blown or the hell rung. He did N,
rs know that an accident had happene
lis until he got to Middletown.
rt Alfred Hevalow testified that he n
IL mem0sreu the night the doctor wa
killed. He was on foot going along tt
road, and when about two hundred yard
from the railroad, heard q noise .
o: though some one had clapped the
hands together. He did not hear an
NJ whistle or bell previous to this, but hear
tn the whistle blow afterwards.
is Benedict Hutchinson testified that b
a saw the train the night the accident o;
o Cured and 1t was running very fas
d faster he thought than usual. He wa
of the opinion that the train was rul
ming at rate Of fifty miles an hon
" His attention was directed to It By tt
10 fact Of its running at SUCH high rate {
or speed. He did not hear the bell rung {
the whistle blown.
James Daily was a'so driving along h
road and heard the train, but did nc
. hear the whistle or bell.
~ Shortly before 9 O'Clock Court ai
y journed until 10 O'Clock this morning.