Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1889-05-18
STRONG LEGAL FIGHT.
EVERY POINT CLOSELY CON-
TESTED.
Tho Case of Henrietta v. Paryis vs.
the Philadelphia, Wilmington a.
Baltimore Railroad Co.
Still on Trial

w.
Still on Trial.
Superior Court reconvened at 8 o'clock
yesterday afternoon with all tho Judges
present. City Solicitor Turner moved for
new trial In the case of Z. B. Foster VS..
the Mayor and CT y Council of Whining.
ton, and said that he would file his
reasons in the usual time.
The case OF Henrietta V. Parvls VS.. the
p, w. Il Is. Railroad Company was re-
sumed. ard Mr., Gray, one Of the counsel
for the defendant company, asked the
Court that the jury should be allowed to
20 to Middletown and view the scene of
the accident. This was opposed by Mr.
Lore, for the plaintiff, aud, after brief
argument, the jury were polled In regard
to their knowledge Of the road, and only
three OF them said that they knew any
thing about the place where the accident
occurred. The foreman of the Jury
stated to the Court that they would like
to visit the place, but the Chief Justice,
alter consultation with his associates, de-
clded to proceed with the evidence.
Thomas Turner, colored, testified that
he lives near the rail DAD crossing. He
has lived there IL years and remembered
the night of the accident. He had been
out to feed his hogs, and while he was
standing by the pen the freight train p s.-
cd along going north, aud Immediately
a towards he saw the passenger train 60
ing south. He heard the bell ringing and
Just as he walked up to the house and
got in the door he heard the crash and
remarked to his wife that some one was
run over. He then ran up to the rail-
road and found part Of the carriage aud
the horse. Upon meeting his son he told
him to 20 and look for the man but after.
wards found lthe body OF man. Mr..
Daily came up and said; "Well, Tom,
you have found the man: is lie white
man or coloredP and the witness replied
that he could not tell until he had light.
A man brought lantern and he saw that
1t was Dr. Parvis.
On crose.examination t.; Mr.. Constable
he said that lie was a stone In- on and
worked for the railroad company. He
had been employed by the company
nearly year but is not working for
Them now as he had his hand nashed a
loading some iron.
Valentine Dourler testified that he Is
employed by the r., W. 81 B. Railroad
| Company, and at the request of Mr.. Gray
made tracing OF the place where the
accident occurred The witness then
| proceeded TO describe the draft TO the
jury SO that they could fully understand
the location.
benjamin T. Craddock testiflrd that h,
is familiar with the place where the acci-
dent occurred, haying lived In the vi
clnity for the past ten years. lie knew
DIR. Parvis and had rode around with him
"A, least half dozen times. AS the road
al proGehes the railroad at FfogtowI
| crossing there Is a slight ascent. Til,
witness always locked out for trains al
he approached the crossing. There wai
no obstruction to prevent any one seeing
a train approaching from the north
About a week before D.. Parv's wa
killed the witness was riding down til,
road with him, AMI just before the,
reached the road the witneGs remarked
that train was coming. Upon lcokin!
out he suw the evening passenger trail
going south. There was nothing TO OBJ,
struct his view, and he saw the tralI
some distance up the road. II was quite
dark but be could see the headlight as i
approached.
On cross.examinAtion the witness ad
mitted that there was hedge near III,
crossing which parity shut out the ylev
up the road. He had a conversation
with Mrs. ParVls about week ago, il
which he said that DR.. Parvls was a care
iul driver, and that this was bad Cross
ing, as no one could zee train until 4
was right On him.
| Valentine Dourler was recalled, and
| testified that he had, at Mr.. Massey's re-
| quest, placed several rods 8 feet hief
| along the railroad between the tracks
and could see the m for distance OF l4(
feet from the crossing.
| Nathaniel Williams was recalled, and
testified that on the night of the accident
he was passenger on the south bound
train. When the accident happened ht
was in the rear car, and went to the plat
form OF one OF the front cars.
| When the train stopped 1t was not OH
the curve, but on the straight track. The
witness was acquainted with the crossing
where the accident occurred, and was
| positive that there was no obstruction
that would prevent person seeing an ap.
preaching train.
John T. Laytleld testified that he ia a
conductor on the Delaware Division oil
the P, W. & B. Railroad, aud has been
tor the past Is yeare. He had charge oil
the train that caused the accident, and
shortly after leaving Mount Pleasant fell
the brakes put on and the train came to a
stop. The witness was sitting in the
smoking car attending to his duties
when the train stopped. He co Id moi
lay whether or not the bell was rung, as
he was so busy that he did not hear it,
Aiter the train stopped be took light
and found tie body alongside of tht
track.
At O'Clock court took recess unit
10 clock this morning The case will
probably consume next Monday, aId
when 1t is I'm shed will be followed wit.
anoiher s!milgT To Il.