The Wilmington daily Republican., 1891-06-06
SUPERIOR COURT.
Yesterday Afternoons session-The
Case of Writ VS. the ID. g y. Railroad
Company Still on Trial.

o.
Yesterday Afternoons sessIon-Ths
Case of Writ VS. the Ii. g. y. Railroad
Company still ON Trial.
Court resumed proceedings at 2.3C
O'Clock yesterday afternoon with all
the judges present. Immediately after
the opening, the trial of tho case oi
James l.. Writ, vs the Baltimore 4
Ohio Railroad Company was again
taken up,
Hugh O'Neil, who was on the stand
for the defence when the noon recess
was taken, was recalled and testified
that he gave the order to lot the ral
come down the incline. At least
twenty men had hold OF it, and itcame
down very slow, giving every one q
chance to get out OF the way. The
witness gave warning when tho car
was started, and all got out of the
way except Writ.
The witness was cross-examined OF
length by Mr.. Higgins, but nothing
material was brought out.
Harry w. Mace was sworn and testi-
fled that q paper presented TO him was
payroll of the b. Il o. Railroad Com
pany. He said that he had obtained
this payroll from the general auditor
that the auditor was the proper cust0-
dian OF all papers of this kind.
John Spuerler, upon being recalled,
stated that to the best of his know
ledge the general auditor was tho pro-
per custodian of the pay-rolls. He
Identified the papers shown as the pay
rolls for th3 months of September,
October and November, 1887.
DIR. Samuel II. Barr, upon being
sworn, testified that ever since the
Baltimore q Ohio Relief Association
has been organized, he has been at the
head of it, 10 his certain knowledge
the general auditor OF the company
Is the proper custodian Of all the pay
rolls and other important papers. Mr.
Bird showed the witness the papers
which he presented, and he identified
them as the pay-rolls OF the B. u O.
Company for the months of Septem-
Der, October and November. 1887.
William A. Brown testified that he
was general foreman in the employ
Of the Baltimore and Ohio Railroad
Company In this city, in 1887, but re-
sides at present at Portsmouth, Va.
lie attended to the pay.rolls and it
was made out from the time-keeper's
report.
Writ was hurt on September IS, 1887,
and returned to his work on the 26th
OF that month. He was paid S9.l5 for
the time he made in September. In
October he earned S46.T5, and $50 in
November.
Joseph X. Miner testified that he
was employed as time-keeper by the
b. Il o. Railroad Company in 1887. He
identified the book produced as the
time book of the company, and said
that all the entries were In his hand
writing. Writ returned to his work
eleven days after the accident, making
four days for the balance OF the month
He worked 80 days in October, being
every day in tho month, except two
Sundays. The witness was certain that
Writ had made this time, as he was
Obliged to report to him twice day.
Had he not done so, his name would
not have been on the time-book.
William S. Brown, upon being recall
ed, denied having told Writ that he
would not be called upon to work on
wrecks. When Writ first came to work
Tor the company he was appointed al
night watchman, but as he said he
could not stand the work, on account
OF his health, the witness appointed
him car inspector. He was filing
that position at the time of the acct
dent.
Joseph Miner was also recalled, and
testified that the general audit or,
whose Office is In Baltimore Is the cus-l
todian of all pay-rolls belonging to,
the company.
When this witness finished tho Jury
was discharged until 10 o'clock Mon
day morning, and court adjourned
until . O'Clock this morning.