The Wilmington daily Republican., 1891-06-05
sim on Trial.

Superior Court convened ut 10
o'clock this morning, with CHIEF Jus
flce Comegys and Associate Judges
Houston AID Cullen on the bench.
Tho names OF the jurors were called,
and he case of Writ. vs. tho Baltimore
y Ohio Railroad Company, was again
resumed.
DR. William E. Stewart was called for
the plaintlif, and after being sworn,
testified that he has examined Writ,
anl found that ho is suffering from an
injury to his spine and Eclyoasness.
lie thought that any one who had ever
been Injured in n railroad accident
Noald be sufferer from nervous
ehccL, aud as he grew older would feel
It grea'er.
On the cross-t xamination, the wit
mess admitted that he had never seen
or examined Writ but once, and that
his examination was only partial
Mrs Margaret Jones testified that
abe is ihe wife Of Richard Jones, and
Was neighbor of Writ when he was
hurt. she went in about an hour after
he was brought homo, and found him
unconscious.
She aguin went back in tho evening,
and found him in the Same condition.
bhe saw him again the next afternoon,
when lie was conscious and told her
ne was suffering u great deal of pain.
Anna II. Writ testified that she is a
daughter Of tho plaintiff, and saw him
when he was brought home after the
accident.
She knew that he was unconscious
as he did not recognize her or any one
else. He laid in that condition until
O'Clock the next afternoon. Ho was
In bed two weeks, and the witness,
with her mother, nurSed him during
That time. He was not able to go
out for at least four weeks, and 1t was
sometime afterwards before he was
able to return to his work.
The Rev. William G.. Rooms testified
TINT he is The pastor of Wesley Nj. II,
Church, and TINT Writ and his wife are
members OF and communicates In his
church. He visited him after he heard
OF the accident and found him uncon.
ecious. lie continued to visit him fol-
At least two weeks.
Charles A. Broomall, Wirt's brother
tn-law, also visited him while he was
eick. He corroborated the testimony
elreody given OF his condition.
: John Spurrier, the tralnmaster o.
the Philadelphia Division of the b. 4
q. railroad, identified a book which
MI. Higgins produced as the rules o
the company in regard to running
trains.
Mr.. Higgins offered the book In eyi
dence, but Mr. Bird objected, and tn,
objection was sustained.
James E. Writ, the plalntiff, was re-
called and testified to some unlmport.
ant matters. The plaintiff closed
with this witness, and Mr.. Bird mad,
motion Tor non-suit, on the grounC
OF contributory negligence, the ab.
ee9ce of negligence on the part Of the
defendant company, and that, II there
was any negligence 1t was on the par
OF an agent, and the company eoul(
not be held responsible.
Mr.. Bird also claimed that when tn.
plaintiff signed the receipt for tn,
peneiits which he received from the Re
ltef Association he also signed a re
lease to the railroad company for an,
eslyed. t"'o -
The court however thought the case
ehould b9 subpitted to the jury, alC
tbe potloh for non-sult was re
tpsed without argument. Mr. Birc
fnen addressed tfie Jury until II. d
pollock, and when he Concluded. com
mspced the examination OF Witnesses
Hugh 0'Neill testified that he was
xardfhaster In this city Tor the B. & 8.
H. Company 10 1881, but a now stn.
ion master In PHILADELPHIA. He re
nsmbered the accident September Is
1857, and upon going to the Old Fer.
~ Mill found engine No. 2T OFF the