Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-02-26
ind the corridor and attended BY hi. S.

urday. Mr.. Biggs was willing and
Mr.. Nields said he would be willing 10
excuse him rs soon as he felt too i'll to
60 on.
The other eleven juryman remained
in elaboration.
The Jury in the case of Franklin b.
Cotton on trial for refusing to accept a
legal vote at the election in the Twelfth
district Fifth ward, last November,
came into court at 3.40 o'clock Saturday
afternoon, with the announcement that
it was impossible to agree upon n YER
dict
Judge Houston, who was in charge,
discharged the jury from further con
sideration Of the case.
The II members Of the jury Curry
man Rambo having been seized with
sudden illness was excused from further
service) stood nine for conviction and
two for acquittal. The two who held
out for acquittal were Henry I. Wood
keeper of Blackbird hundred and John
w. Derrickson of st. Georges, both Re-
publicans.
Cotton will be again tried under his
indictment at the May term Of court.
4 When superiorcoulu convened Monday
morning at 10 o'clock, a jury was drawn
from the special panel TO try the case Of
Thomas f. Blakely vs., the Edge Moor
Bridge Company. Lore & Emmons APP
pear for the plaintiffs and Bradford q
Nandegrift for the defendants
After the jury were drawn, Trustee
of the Poor Henry S. Nolan, who was
one Of the number, stated to the court
that the board would have an important
meeting on Wednesday, and asked to be
excused from serving on the jury, for
fear the case would not be finished by
that time. Ascounsel on both sides de-
clined to let him OFF, his request was not
granted.
This is an action brought to recover
for injuries received by the plaintiff
while engaged at work for the defend
ants, and he alleges that he was injured
through their negligence. On Septem-
her 10th, 1889, the plaintiff had charge
of gang Of shifters al the works OF the
defendants, and was ordered by the
! superintendent TO take his men TO the
yard and move some heavy pieces of
iron, intended for bridges While en-
gagged in this work large door, devoid
of fastenings, swung around, striking
him and bruiSing his arm in addition 10
| intlicting other injuries. lie was taken
to his home, where he was confined to
| his bed for some time, and has since
been unable on account of his injuries
70 earn living.
This statement, made by Mr.. Lore in
| his opening to the jury, was corrobp-
rated by the plaintiff, Thomas +.
| Bakely, who was the first witness
called His testimony also showed that
at the time Of the accident he was assist
ing to remove some heavy iron posts to
allow the door to be closed, when il
swung shut and crushed him against the
iron. He was confined TO his bed some
eight or nine days and has been troubled
with hemorrhages ever since. He has d
wife and two children, and has made
4 several attempts to work, but on ac'
count of his internal injuries has beer
unable to do so. For months he has
had to depend on the little his wife car
earn and the charity Of friends for his
subsistence.
Mr.. Nandegrift subjected the witness
to a very long and searching cross-eX
animation, which was continued unit
1890 O'Clock. Mr.. Lore then took III
the subject, and asked number d
questions on the redirect examination
Eliza Dunbar, an aged lady, testiileC
that she is the mother of the plaintiff
wife. She resided next door 10 him a
the time of the accident, and assisted il
taking care Of him afterwards. Sht
dressed his arm a number of times. Tn
hemorrhages did not come on him unit
after he was hurt and she saw him spi
blood number of times. Up to TIL
| ~ tta sF.pi,l.ant No "a
healthy.
At o'clock court took a recess unit
$50 O'clock.
, During the morning session Join
attachment was issued in the case o
: Lowering vs. Eastman, against William
Wright, Daniel Streak and William
, Smith, who failed to answer as gar
nishees.
| The case Of Thomas r. BlalSely ys
Edge Moor Bridge Company, was agail
taken up Ut Monday afternoons sss
: sion Of court, and the examination O
t witnesses for the plaintiff resumed.
/ The testimony of Dr. William r
7 Miller showed that in June, 1890, Ii
t WINS called upon to visit the plaintiff
! and found that he was in very ba
condition aud had hemorrhageS Thrs
J could have come from internal iniuric.
Z caused by being crushed between tw
/ heavy bodies. He was unable to worl
and thc witness did not consider HIM i
t condition to do anything at present.
: Jonathan Love testified that he la
been employed BY the bridge compan
: for the past "a years.
/ The door which injured Blakely VIZ
+ very large and heavy and while thel
i was way provided to fasten it shu
T there was none to keep it open. IT
: witness had sometimes placed heay
= piece Of iron against it TO hold it opel
but even this would not answer on
windy day, He knew the plaintiff b
4 fore the accident, and never knew hi
o to lose day through sickness. Sim
a the accident he has done very lit
work, and last July was very sick wit
7 hemorrhages.
II Alfred Ironticld, another employee
!, the Edge Moor Company, stated that
d has known the plaintiff for ABOUT s.
le months previous to the accident, al
e knew him TO be strong, healthy ma
l. He corrohorated the testimony of Il
Y previous witness in regard to Il
:. condition of the doors, and said tht
- would have been much safer had tht
d been on rollers. After the accident
\. was a changed man in every respe'
ii and when some two weeks after Il
W accident he came back to work, he "
Y unable to stand il, and had to quit.
50 July, 1890, the witness called upon hi
!. and found that he was very sick.
- Thomas Kennedy was the next W
Ut ness, and he testified that he has Rnoy
IS Blakely for a number Of years and I'll
10 he worked with him at Edge Moor
y the time of accident, as helper. Beft
q the accident he was strong and healt
y MI ono nf tlnn hnat man In thn trnl