The Wilmington daily Republican., 1891-06-08
FIFTH EDITION.
This NIorninr,s Cnnrt.


This mornings session of court CON-
yened at 10 O'clock, with all the judges
present. M
4 All the general jurors, except those
.lempaneled In the hirt.case. were dis
.icharged from further attendance.
The case OF William II. Hickey, vs..
Harry Emmons, Esq, aamiIiisss ator
lof Thomas Enos, deceased, Wos con.
!haued until The -septemhes terni, With
:, ,nlde..ss n,lrd.s that the case shall be tried at
THAT time.
The jury in the case Of james T..
Writ vs.. tho Baltimore e Ohio Rail-
road Company, were called, and the
trial resumed
Byron d. Smith was called and tostl-
fed that at the time OF the accident he
was conductor on the road.
In backing some ears up 60 the Old
Ferry Mill the engine was deralled.
There were two ears attached tQI he
engine, and one of them was Detached
Iand pushed up by the men. Upon
,lpllshing tho other eur up II was found
That the rail was out of place, and or
lders were given by O'Nell to let the
car come back slowly. This order was
lobeyed, and the car was allowed TO
come back very slowly, without dan
Iger to any one. .sa,,H
Lewis l.. Miller was called, aud tes-
TITLED that he was n brakeman on the
,lB II o. railroad in 1887. He helped to
'Ipush the cars up the grade.
\ The first car was pushed up all right
,Ibut when they undertook tolpush tho
second car they found TINT 1t was
about to lcaye tho track, when U'Neill
gave the order for NIL hlnds to ease
'ltho car back. sis
An, ,,yno, ,,f.-a., ,sx.
'lget out of the way. Writ was assist
ling in pushing the cur up the track,
and must have heard tho order.
!, Thomas Il. Moreland testified that
Writ Was helping to ease the car baclk,
and that O'Nelll, when he foand 1t was
about to get OF the track, gnve orders
to stop. They then got orders to easo
her back. Tho witness knew that tho
Iorder was given by O'Neill, a5 he recog
Inized his voice.
Hobson was not present at any time
He saw Writ when he was struck, and
Thought that with the warning given
he had ample time to get out OF tho
iIway.
4 Samuel Bradley testified that he was
slempioyed by the b. d o. Company us
tIa repairer, in 1887. He was ut the Old
Ferry Mill September 10. 1887, and u.s.
sisted in putting tho engine buck on
tho track. Several of the rails were
Ll1isplaced, and tho witness was there
o assist In putting them back. lie
heard O'Neill, who was In charge. call
lout two or three times for everybody
to look out when tho car was coming,
'lbut Writ did not seem to give any at
lltention.
1 Hobson was not present at any
lltime.
James NJ. Downing testified that he
wns employed by the the company In
1887 as riggcr, and was at the Old Fefrg
LlMill at the time of the accident. Mr..
lHobson was not there atany time, and
had nothing whatever TO do with tho
,Imatter He heard the order given by
'lO'Neill to let the car come back, and
thought every one had plenty of time
to get out OF tho way.
james L. Walters testified that he
has worked for the i. g. o. Company
"a years, and was general foreman
from May, 1887, until November cf that
!, year. He did not discharge Writ, but
he left on his own account, to engage
i'm tho milk business Writ never told
him that he was not able to
work and tho witness did not
Ihls wages or discharge him.
Ira M. Jefferles was shown @ Fhper,
(which he identified as an application
for sick benefits in the b. N d. Relief
I 'lAssoeiation, and also that Writ had
drawn benefits OIL several occasions.
AS Mr.. Higgins obIacted to the
Testimony. an argument ensuod,
(which was continued until O'Clock,
when Court adjourned until $50
O'clock this afternoon.