Evening journal., 1890-12-16
EDITION
WITNESSES BY THE SCORE.
0uigley Damage Cause.-The Defence
Plea in the Dougherty Case.


0uigIey Damage Cause.-The DefenCe's
Plea in the Dougherty Case.
Court re.convened at $50 o'clock yes
terday afternoon.
Mary Quigley, daughter Of the plain
tiff in the case of Quigley VS.. the mayor
and City Council of Wilmington, again
took the stand. She testified to her
fathers condition after the accident. He
was unconscious all night. After the
accident she and her brother were the
sole support of the family.
George B. Ward, William F. Gillespie,
Thomas Kelley and Harry A. Miller,
plumbers, testified that Quigley was q
plumber, and could earn 81 90 q day.
They said he was q Isober, industrious
workman.
Joseph A. Bond, Chief Engineer of the
Water Department, was called by
COUNSEL for defence and said that the de-
partment was putting in twenty-four
foot trench on the north side of Eleventh
street. He said thece were no lights
where the plaintiff fell IL, but that there
were red lights in the street at several
points.
The general Jury was then discharged
from further attendance at court.
The Dougherty Case Again.
At this mornings session of the
Superior Court, Messrs. Ward and Bacon,
attorneys for the plaintiff in the divorce
case of Dougherty VS.. Dougherty,
fled an additional plea to
the sworn answer charging
that Mr.. Dougherty had contracted a
prior marriage. The answer was fled on
the assumption that Dougherty's first
wife was not dead when he married his
second wife. The attorneys for
the defence claim that Dougherty's FIRST
wife died in 1871 and that he married his
second wife in 1874. 1t is claimed how
ever, by Mrs Dougherty that he married
woman who lived at or near Pittsburg,
and that she is still living.
The 0uigleY Case Resumed.
The Quigley case was resumed. Louis
Cook, machinist, testified that he was
passing when Quigley fell, and heard a
groan. He looked into the trench and
saw man lying at the bottom
of it. A colored man and two
colored women helped get him out of the
trench After they had taken Quigley
out he laid him against a wall near BY
de asFed him where he lived
and ne mumbled out something
about AN alley" He walked him down
King street to Thirteenth, and by merest
chance found his home. He said be
could not recognize Qnigley as the man
he had taken out of the trench. The
man he took out of the trench was
blind drunk" He did not see Miller,
who said he took Quigley out OF the
trench at the street crossing.
John Gill, foreman in the Water De-
partment had charge of the work st
Eleventh and King. He began work
twenty five feet east of the east crossing,
the excavation being on the south side
An obstruction in the street caused
detection TO the north side
OF Eleventh street. 1t was necessary to
dig short trench to connect pipes. He
heard that Quigley had fallen
in. but not until the next Mon
day morning. The King street
trench was not within six feet or
more Of the street crossing, until two
months after the accident occurred
Proper lights were placed, two panks
crossed the trench. The lights
were placed as he directed, and
every possible precaution was observed.
He had q conversation with Quieley
five or six weeks after the accident. he
met him on the street, and Quigley
told him he was at work, but had
not been able to do much since
the accident. he told Gill that he did
not know whether he was going In town
or out of town, bat disclaimed Gill's
suggestion that he must have been
full"
Officer George G. Raymond said the
first he heard of the accident was next
afternoon. He had examined the place
Quigley had fallen into The short trench
ended six feet from the edge of the
crossing. Officer John A. solomon testi-
fed that he did not consider it danger
Gus place.
Several employees of the Water Depart
ment corroborated the testimony that
the place was not dangerous
Joseph L. Carpenter, Jr., said he had
to pass the scene Of the operations on his
way home, and sad it was plain to be
seen that there were excavations
being made He did not con.
slider the signals inadequate or the
place dangerous. On cross-examination,
he admitted that an accident might have
occurred If person was not familiar
with the neighborhood.
Attorney General Biggs fled a norr in
the case Of the citizens National Bank of
Middletown VS.. Richard and Sallie A
Townsend He said that Judgment for
the full amount was received The sum
was $500 80 due on promissory note.
Court adjourned until $50 o'clock.