Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1889-02-13

When court convened this morning thl
case Of William Il. Robinson We. the
Mayor and Council Of Wilmington wa
resu med, and John P. Almond recalled
for crots-examinAtion.
James IL. BeRgs was sworn, and testi.
fed that he ia the senior member OF the
firm Of James Il. Beggs & Company
The plaintiff has been employed by the
company for several years. He corrobo-
rated the testimony OF the previous wit
ness In reference to the agreement be-
tween the company and the plaintiff, and
said that although be saw him every day
at his work he DID not know that he was
ruptured or anything at all the matter
with him until recently.
Mr.. Catharine Perry testified that abe
rtsides on French street and knew of the
existence of the hole in the sidewalk.
She had passed over 1t before daylight In
the morning and after dark at night, but
II had never caused her any inconVen-
fence; IN fact the hal never taken any
account Of 1t until she heard some one
say that "a man was going 10 fetch the
city for II" She did not consider 1t dan
gerous in any respect.
Francis Ayers also live IN the vicinity
and frequently walked along whore the
"a
consider il dangerous, or that there was
afy liability Of any one being hurt.
James Kennedy said that be had lived
IN the vicinity of Eleventh and French
streets Tor thirty years, and never knew
Of the ext. tence oil a hole IN the pave
ment until this case was brought He
had passed over the place without no
tieit Z IL.
Francis McCloskey testified that he is
the street commissioner cl this city. lie
could not remember EVER having been
notified Of the condition OF the sidewalk,
or that there was dangerous place IN II.
On cross examin ati1n By Mr. Bird the
witness sad hat be knew that Dr.. Short
lldge called on him seVC raj times In rela
ton to places In The streets which re-
| quired attention, but he could not Tecol-
lect that he ever mentioned anyth ing
about this place on French street.
William X. Roberts teelled that he
was employed at the terra Gotta works OF
BeRgs " Co. with Robinson, and had
heard him say that he had strained hi ia
self by lifting large door
Thomas l.. StriDgieliOw was also en-
| plOYed with Robinson. One day, when
there IVES some tiles to he lifted, The wit
ness heard him say that he bad sprained
himself, but never knew anything about
his being iuptuicd until about two weeks
ago,
Edward Simmons testified that lie
knows the plaintiff aud worked in the
backyard with him from March TO July
OF last year. He never heard h N com
| p ain and did not know ything about
lis being ruptured uLtil about three
weeks ago.
Samuel Lewis testified that he has been
employed by Mr.. Besgs for " ytars, and
| for the pist 20 years las been loren N.
He has knoHn Robinson ever sircc he
| came to work for ihe corpa, aud gees
I him at least twenty-five tinrs every day
| He never knew that anything was the
matter with Robinson until he was
tol0. The witness is ruptured hirself,
ard has been for three years but It does
not interfere with bis work, aud he sell
dom thinks OF It unless 1t pains him. In
answer TO Mr.. Bird the witness said that
| II Robinson bad paid his fireman any
money he hsd done SO en- his own account
ard had no occasion TO do 1t.
James i. WadBworth testified that he
was Robinson's fireman, and that he bad
paid hin. S25 or $50 fer work hs had done
or him.
WI A@oiH nalu buhb uG WDulu resi- Win
this witness, and Mr.. Bird reca led DIR.
Shortlldge, who testified that RobiLeon's
rupture was not caused ~ a strain.
| James L. Wnd1worth W AZ recalled aud
testified that he lad frequently heard
Robinson complain about the rupture,
and heard him say that he was suffering
very much.
This closed the testimony on both sides
and Mr.. Bird commenced tho summing
M by submitting a-humber of points Of
law 10 the Court. He was followed bI
Mr.. Sauborn, who addressed the Jury
about 40 minutes GU behalf Of the plain
I'll. The Court took recess at o'cocl
until 8 o'clock this afternoon.
EN-Mayor Rhoads' designations.
Elk Mayor O. B. Rhvads mas resigue,
his position as teacher of the sight read
ing classes In the Wilmington College o
Music. Mr.. edward eIpects to secur
a teacher from Philadelphia to take Pro
lessor Rhtads place by Tuesday night
Professor Rhuada has alsn res Tuned bt