Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1889-05-17
A BATTLE OF GIANTS.
THE BEST LEGAL TALENT
ENGAGED.
The Case of Henrietta v. ParvIs vs.
the Philadelphia, Wilmington a.
Baltimore Railroad Co.
Yesterdays Session.

Superior Court reconvened at 3 O'Clock
yesterday afternoon, with Chief Justice
Comegys and Associate Judges Houston
and Paynter on the bench.
The case OF Henrietta V. ParYis ve. the
r., w. 81 B. Railroad Company, which
was on trial when court adjourned at
noon, was again taken up, and Oliver T.
Jimison, who was on the stand when
court adjourned at noon, was recalled.
He testified that he saw the train ap-
preaching and thought it was running at
the rate OF fifty miles an hour. He could
not hear 1t aud did not know 1t was COM
ing until he saw 1t near the crossing.
Alfred Hevelon was sworn, and testified
that he saw the train approaching and
did not think there was any bell rung OF
whistle blown, but he did hear the train
coming 1t was starlight night but the
moon was not shining. The witness
was on foot, and Just before he reached
the crossing there was freight train
passed north. After the freight rain
Gad passed he crossed the track and saw
the light of the approaching south bound
train. He heard the crash when the
engine struck the carriage and ran back.
The train run some distance afterwards
before 1t was stopped.
Richard Hudson testified that he was
about third of mile from the crossing
when the train was approaching, aud
noticed that it was running very last
He did not hear the bell rung or the
whistle bio IN.
Edward Rilaud testified that he was
on the train that struck DIR. Paryis' car
riage. He was going to Townsend and
was sitting In the car next to the bag
gage car. He thought the train was run
| ming about as fast as any he had seen on
| the road, but could not tell whether OIL
not the whistle was blown; thought he
would have heard 1t had II b. en- blown
lie felt the brakes when they were put
on, and after the train was stopped heard
that man had been struck.
James Daily was on the road leading
to the railroad and heard the whistle
blown once. lie heard the freight traiu
when it passed, and afterwards drove
over the road. He was positive that there
was but one short toot of the whistle
| Charles j. Jones testified that he was
on the train that killed DIR. Parvis. He
got on at Mount Pl, asant AMI was going
| to Middletown. lie was sitting In the
smoking car on the left hand side, and
did not hear the bell rung or The whistle
blown until after they had passed the
crossing. He felt the jar when the car.
rage was struck, but did not think the
air brakes were put on until afterwards
The train was running very fat, and II
the opinion of tine witness much faster
| than usual.
George Waldman teetified that he wa,
also on the train, but did not hear any
whistle or bell lie felt the jar when thl
engine struck the carriage, and bneV
when the air-brakes were put on.
When the train stopped he assisted th
train hands In removing the debris iron
the COW catcher. He ran back a shor
distance and almost stumbled over til
dead body of Dir. Parvis, which was lynn
hetWeen the tracks, about hundred foe
below the Gro sing. The conductor, j OH
t. Laylield, came up with lantern am
recognized the body as that OF DR.
Parvis.
Several other witnesses were examinet
to show that the train was going at al
unusual speed, and that the whistle wa
not blown or tie bell rung.
| Thomas X. Hopkins testified that tn
night was dark, quite cold and somewha
blustry.
Henry B. Ellison testified that after tn
accident he found the horse down an EN-
bankment some twenty-five yards from
the crossing, and found pieces of the car
rage scattered along the track for $50 O
800 yards.
Garrett j. Hart testified that be is tn
brother of the plaintiff, and was presen
at her marriage to DR.. Parvis March lG
1870. DR.. Parvis was about Al years o
age, and his business habits were aboyi
the average. As far us the witness knew
he was in perfect health at the time o.
the accident.
Shortly before o'clock court adjourn
| ed until 10 O'Clock this morning.