Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1890-12-18
DELAWARE GAZETTE AND STATE OBSERVATION-DISCLOSURES

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plaintiff, who brought them on himself
He said the city's agents took all reason.
able precautions against accident while the
| work was i'll progress, and that Quigley
did not fall in the trench where he said lie
did as there was no trench there at the
time. He claimed that Quigley was under
| the influence of liquor at the time, which
was the reason for his mishap.
Chief Engineer Joseph A. Bond of the
Water Department., explained the work
| that was progress--the laying of 2i-ineh
main on Eleventh street-at the time of
Quigley's accident. He said the excava-
ton, into which Quigley said he fell, was
six feet from the crossing.
Court took a recess until 10 o'clock, Tues
day morning All the members of general
| jury were discharged for the term, as there
are no more cases to be tried.
The hearing of testimony for the defence
in the case of Daniel Qnigley VS.. the Mayor
and Council of Wilmington was continued
in superior court Tuesday morning. Lewis
Cook testified to pulling man out of the
| pipe trench on the lower side of Eleventh
street, on the night of Quigleys accident
and taking him to his home. This was in
contravention of the testimony of Joseph
Miller, who said he hauled Quigley out of
the trench that extended up King street,
above Eleventh. Cook said that the man
was very drunk at the time
John Gill, foreman of the water depart
ment, who was in charge of the work of
laying the pipes on Eleventh and King
streets, testified that all necessary precau-
tions to guard against accident were taken
during the progress of the work. He also
said that the trench in which Quigley
claimed to have fallen did not extend
above the crossing at the north side of
Eleventh street, as claimed by the other
side
Officer George G. Raymond said he
looked at the trench into which Quigley
claimed to have fallen, and that ii ended
at a distance of six feet south of the north
crossing at Eleventh and King. Officers
John A. Solomon and William s. Walker,
who accompanied Officer Raymond, testi-
lied in like manner.
Myles Dorsey, water department en-
ploye, also said the trench did not extend
to the crossing and that all the excavations
were properly guarded, Michael Farley,
John Welsh and Alfred Bowling, other
employees, testified that the excavations
were always carefully guarded during the
progress of the work
Joseph l.. Carpenter, ST., who lives on
King street above Eleventh, said the ar
rangement to insure safety to pedestrians
while the work was in progress We're very
good.
Court adjourned until 2.30 o'clock, p. m.
Among other damage done by the
storm, yesterday, was the blowing
out of pane of glass in one of the large
upper windows at the court house about
$50 o'clock. AS result the wind
whistled SO fiercely through the court
room that it was impossible to hold
superior court there, and the session was
moved to the levy court room down
stairs. The quarters were rather con
tracted, but by judicious arrangement
of desks and chairs, the court and jury,
lawyers and witnesses were finally ac-
commodated.
The case Of Quigley vs.. the city of
Wilmington, which occupied all of
Tuesday afternoons session was con
tinued, testimony for the defence being
heard.
After hearing the testimony of Water
Commissioners Febiger and Carmichael
as to the care exercised nv the water
department in the work Of laying pipes
in the streets, Mr.. Bradford recalled
witness named Davis Patterson and
wanted him to testify to Quigley, the
plaintiff, being man of grossly intern
perato habits. Mr.. Bird objected to this
proof as being unfair, irrelevant and an
afterthought on the part of the defence.
The court, after consultation, decided
to admit the testimony Patterson then
testified that he had frequently seen
Quigley intoxicated. His wife, Carrie
Patterson, said she knew Quigley to be
drunk every Saturday. Plumber John
G. Brison said that Quigley's drunken
ness got TO be a ''sort of everyday occur
Here the defence rested
In rebuttal the plaintiff called George
Eagley, a barber, who said that on the
night Quigley fell into the trench he
was at his barber shop, between 8 and
10 o'clock, and got shaved. At that
time he was perfectly sober and not at
all under the influence of liquor. Mil
lard f. Nickerson, who worked for
Eagley, gave corroborative testimony.
Rebecca j. Mari, who leeched Quigley
the morning after the accident, said
there were no signs of drunkenness
about him then. Other witnesses who |
saw him then testified to like effect.
Testimony was also given to the effect
that Quigley was a man Of generally |
sober habits.
Then the plaintiff closed and court
took a recess until $50 o'clock, when
argument will begin.