Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-06-11

he was hurt He was brought home In
cab in an unconscious condition. She,
with her mother, was in constant attend
ance upon him for two weeks, day and
night, and she knew that he suffered q
great deal and was unable to turn in bed
without assistance. il was fully four
weeks before he was able to go out and
several weeks afterwards before he could
resume his work.
The Rev. William G. Rooms of Wesley
NJ Il. Church, testified that as soon as he
heard of the accident he visited Writ and
found him very sick man. He continued
to visit him for at least two weeks, and
knew that he was confined to his bed dur
ing that time.
Charles A. Broomall, brother-in-law
Of the plaintiff testified to the condition
in which he found him after the accident,
and his subsequent condition.
James Il. Writ was recalled, but his
testimony, which related to the moving of
the cars, was uninportant
This was the last witness for the plain
tiff and Mr.. Bird made a motion for a
non-suit, on the ground of contributary
negligence the absence of negligence on
the part of the company and also that il
there was any. negligence it was BY an
agent of the defendant, for which tho
company is not responsible.
The motion was denied without argu-
ment and Mr. Bird made his opening to
the jury, for the defence. He concleded at
1910 O'Clock and then commenced the ex-
animation of witnesses for the defence
Hugh O'Neill testified that in 1887 he
was yardmaster in this city. He detailed
the fact Of engine No. q being off the
track at the old Ferry rolling mill, and Of
going to the place to assist in putting it on.
There were two cars attached to the engine
which the witness had pushed back.
When the last car was part way up il was
about to leave the track, when the witness
told the men to let it come back and it
came back very slow.
The examination was not finished when
court took a recess at | O'Clock until 80
o'clock Friday afternoon.
When court convened at 230 o'clock Fri
day afternoon, Hugh ONeill, the first
witness for the defence in the case of Writ
VS.. the Il. IL q. Railroad Company was re-
called. He testified that there were at
least 20 men holding on to the car
when it came down the incline, and that
it came very slow. Ample opportunity
was given for every one to get out Of the
way, and all did 50 except Writ.
Several employees of the company were
called, who identified the pay-rolls of Sep
TENDER, October and November, and that
the auditor is the proper custodian of the
pay-rolls.
William S, Brown testified that he now
resides in Portsmouth, Va, but was gen
eral foreman in this city for the Il. a 0.
company in 1857. He made out the pay
rolls from the time-keeper's report and
knew that Writ was paid soils for work
which he did in September, 1887, after he
was hurt on the 10th Of that month. He
came back TO work on the 18th. In Octo-
Der he earned S46.75, and in November 800.
Joseph X, Miner, upon being sworn,tes-
titled that in 1857 he was employee as
~ L nv e. Poll 4 ptTt
pany. MIR. Bird showed him a book, which
he identified MS the timebook and the
entries are in his handwriting. Writ was
injured On September 10Th, 1887. and re-
turned to work on the 26th of that month,
making four days. In October he made %
days, working every day, except two Sun
days. Writ was Obliged to report to the
witness twice day. and his name would
not have been on the time-book had he
not been at work and made the time.
William A. Brown was recalled and ties
tilted that he had never told Writ that he
was not Obliged to work on wrecks. Writ
was first employed as night watchman,
but as he complained to the witness that
he could not stand the night work on ac-
count Of his health, he made him car in
spector, which position he held at the time
of the accident.
When this witness finished at 4.20
o'clock, court took recess until o'clock
on Saturday, and the jury empaneled in
this case were discharged until 10 o'clock
Monday morning.
Saturdays session of the superior
court convened at O'Clock, The case of
Brinshurst ct nj. VS.. Walker ct al was
called, with Benjamin Nields for the
plaintiff, Levi C. Bird for the defendant
and w. w. Prickett for the purchaser,
This was an action to set aside sheriif's
sale, and as there was no objection the
motion of Mr.. Bird was granted On
motion Of Charles Warren Smith for the
plaintiff Judgment was granted in the |
case Of Fahey vs. Discount H. H. Ward,
for the. plaintiff, asked that Judgment be |
entered in the case of Bickta VS.. Sadler,
and as the defendant did not appear the |
motion was granted, At II o'clock court |
adjourned until 10 O'Clock Monday morn
ing
When superior court convened at
$50 o'clock on Monday afternoon the
case Of Writ VS. tho Baltimore & Ohio
Railroad Company WAS again resumed
Chief of Police Swiggett was called
and testified that from June Both, 1888,
to July LIST, 1889, Writ had earned 1862
rs dog catcher In this city, and that
from June Both, 1889, to July LIST, 1890,
he had earned SOB. He however was
1nly paid $685. for the first year and
$500 for the second year.
DR.. Benjamin Thompson testified that
he was the medical examiner of the
Baltimore s. Ohio Relief Association up
10 the last day Of the year 1886. He
examined Writ in October, 1884, and
found him suffering with malaria.
Dr. Lukens, upon being recalled,
stated that he attended Writ in June
1885, and from what he told him in re-
'erence to the trouble with his back, he
signed the certificate to the b. g. o. Re-
lief Association; so that he could draw
lis benefits. The witness also signed
mother certificate in 1887, about one
week before the accident, for hillary
,alculuss.
DIR. Thomas H. Brown was sworn,
md testified that he attended one Of
Wirt's children in 1885, and found him
It home with something the matter with
lis back. Writ said it was caused by
prain, and the witness prescribed for
lin.
Harry T. Price, the city editor of the
Morning Meas, testified that on July
9th, 1890, he interviewed Wirt and
ound him suffering with a trouble in
he back and head, from being struck
With club and piece of brick, for i'm
bounding some cows: The lies of the
'aper were also offered in evidence but
'lr, Higgins objected.
Catherine mcGrenna testified that
while her cows We're out grazing Writ
lad run after them as fast as smart
log could run.
John Badly, who has been employed
s assistant dog catcher by Writ, testi- ,
led that he paid him 25 cents each for :
i the dogs he brought in. He worked
With Writ about one year and he had