Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1890-02-11

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~ cass II 0ssvss =. stewart
Court coayspsd y . o'clock this morn. |
Ing INA Ne Chief Justice on the bench,
but q 4 M nsaEly 10 O'CLOCK before
IpdSe Houston eE4s 10, hothing WAS
done until amer hip arrival, Il
George h. Stewart VA recalled and
allowed 10 correct . statement which hs
made In giving his testimony yestorday.
Mrs. Sarah A. eauds teatided that she
cit up with the Plaintiff after be was In
jursd, and che knew that hia suderiaes
were lntsnse He could not alssp Wink.
Thomas E GIL, upon being sworn
tcstifed that hs has known the plaintiff
for fifteen years. Previous 10 the acct.
dent he was stout, healthy young man.
After he was hurt the witness saw or
heard nom him every day. On the night
Of July 4, 1885, the witness slt up with
him and saw that he suffered severely;
during the night he remarked to tho Wit
nesa that he corld not stand II, and
begged him to knock him in the head
and end his eeony. He was In this con-
dltion for weeks, He 10 not ne Their hss
he been, able 70 work at his trade since
the accideut.
David Curlett testified that no saw
Stewart after he was hurt, and fou nd
that II was necessary to have some one
to watch him each night BE sit up
with him on the night Of July Sd, aud
frequently called upon hun Afterwards
benjamin. r. Tibet testified that
the car on the day the accident occurred.
James Mcdowell had charge Of the
truck gang and the shifting OF cars from
one shop to another.
Frank n. Parada was sworn, and tes-
tilted that he was employed at the F.,
w, & B. railroad shops st the time
Stewart was hurt. He lad worked there
about two years and was employed - .
car builder. Mcdowell had charge OF
the truck and platform gauge, and
worked under Mr.. Hudson and Mr..
Lungrsn. The witness saw Mcdowell
at the works under the influence Of liquor
at least dozen times previous to the ac-
cident Some times he was 90 much 90
that the witness thought he would have
been better at home. lie was under tho
Impression that Messrs. Hudson and
! Lungren had seen Mcdowell under the
influence of liquor.
Charles Severe testified that he has
besp 10 the employ oil the railroad COM
psny. During the time he was there
Mcdowell worked under him, aud was
suspended In October. 1873, for being
drunk. The Suspension WAS BY order OF
William II. Lungrcn. Ho Wa again
suspended for the same cause In Janu-
sry. 1882, The witness did not think
Mcdowell, on account Of bis habi was
. proper person TO have charge Of the
gang, As Il was . very responsible esposi-
ton. There never was ~ accident While
the witness had charge Of shifting the
J cars.
He did not consider that Mr.. Mcdowell
was lit man for the position, - he has
neither mechanical or executive ability,
but he never had seen him drunk 10 the
shops.
w. w. Cruthers was employed ct the
P, W. & Is. shops as . day Waterman
and was all around the shops. He had
seen Mcdowell under the influence OF
liquor at least half . dozen times; 10
was 80 much so that the witness did not
consider him III to attend 10 his business.
His carelessness was common talk among
the men.
William Wintrup testified that he hal
known Stewart Tor some time previous
10 the accident. The witness has been
employed in the shop since 1884, aud
knew James Mcdowell. lie had seen
him take drink but did not know that
be had ever seen him under the Influence
Of liquor, but he had tie reputation Of
: being very caroless man.
Isaac Grsnier was sworn aud gave simi-
lar testimony 10 regard to McDoweips
! cArelessuess.
Benjamin L. Sullivan testified he is
employed In the railroad shops and
Knows Mcdowell. Prior to the accident
he had seen him about the works under
| t.,a ea at an nsh an he
: he and others noticed II. Tie witness
0 has worked on the cars, aud sometimes
I they would be moved without notice,
b while at other times the men have been
notified.
Charles Pyle, another employee In the
railroad shops ut tho time the accident
occurred, testified lie had been discharged
| from there aud 10 now working ~
!. Harlan's. He knew Mcdowell, and
l knew him to DO reckless, careless man.
The witness had been on cars when they
were moved by his order without notice.
+ Mcdowell was regular drinker, and
| almost continually under the influence Of
liquor.
r plaintiff, and Senator Gray made tn,
s opening to the jury for the defense, il
a which he outlined the testimony which
l hu PiOPooIA w Ohots ebu tuHh &Vt4
. menced examining witnesses.
Benjamin y. Tibbett was recalled .
a | testified he 10 employed In the repAi
"a shops Of the railroad company. TIL
a witness then described the shops and tn
~ way they are located. just before tn,
j. car was moved, which caused the Acoi
1. dent, he saw Anderson ascend the la ode
= to the top Of the car and say something
IN but the witness could not hear Whist
Ia war.
I'd The witness had heard Mcdowell to-
Anderson, a few days before the accIds NJ
nv that whenever he snw ladder standin
ic alongside OF car that was about to b
2 moved to 20 up and W irn the men. A
lie the time Stewart was at work on top q
the car near the yontilator, and after
was hurt the witness helped to bring hit
p. down from the top of tho car. He wa
Carried over 10 the office and placed In
chair. Tho car was moved about ten {
twelve feet, but not very fast.
ho At O'Clock cour: took . recess unit
h $50 o'clock this Afternoon.
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