Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-12-22

portance transacted in the superior |
court, Judges Houston and Cullen sit
ting on Saturday. In the case of l.. Ii. |
Ramsdell vs.. Black & Slewern narr
was filed by w. S. EIilles, and judg.
ment granted for want of appearance
on the part Of the defendants. Judg-
mcnt was also obtained on motion of
George II. Bates in the case of Susan i.
Randolph VS.. Elizabeth s. Meade,
amount to be ascertained by the pro
thonotary.
On motion of H. II. Ward, Charles B.
Evans was appointed commissioner to
take testimony in the case of Bertha
Erhard vs.. Joseph Erhard, procedure
for divorce. On motion of Benjamin
Nields Judgment was granted for want
of appearance in the case of the Ameri-
can Insurance Company ys. Oliver
Jamison administrator and his wife
Josephine w. Jamison, amount TO be
ascertained by the parliamentary.
Lewis @. Nandegrift appeared before
the court and asked that the return of
! the commissioner be set aside in the
divorce case of John b. lIathy VS.. Ann
Hathy. The grounds for the divorce
were the statutory ones. The decision
Of the court was reserved.
Court adjourned at ll.55 o'clock until
10 o'clock on Monday morning.
At 1915 Monday morning Prothonotary
| Peter A. Horty called the names of the
| jurors in the damage suit of Hysore n Son
| VS.. /. I. Qugley, for damages, caused by
water running on the defendants premises.
William A. Cross testified that he for
merly worked for the firm of Hysore "
| Son and had seen water lying on the floor
j in WitnpSa ha1 81
/ with rubber boots on. The water came
| from the room overhead where hair was
| piled over the room in which the machln.
cry was placed. He testified that icicles
hung in the room where the hair was
stored as thick as his leg.
| Senator Higgins cross.examined the wit
ness and asked him when it was that the
electric lights went out i'll consequence of
the water coming down. MIR. Bird cau-
toned him to speak only of his own
knowledge, stating that Mr.. Higgins was
endeayoriug to entrap him, whereupon
Mr. Higgins appealed to the court aga,in,st
said, angrily: You have no right to cast
imputations on me-"
''Yes have, when you deserve Them
Mr.. lIiggins-"l am not used to such
insulence.h
MIR. i,ird--"Well You will get some
more of it if necessary"
w lHlHIn w hGiAtllhle itlt llVAt MllHtSS,
testified that he saw water coming down
into the room and saw Mr. (luiBlcy, the
defendant, in the room when water lay
upon the floor. Witness stated that the
machinery was ruined as o result Of the
water coming down
David Gillespie testified that he was in
the woodworking departments of Hysore Il
Sons shop and saw water on the floor. lie
could sec the water dripping down on the
machines and they were all wet. Witness
was in the shop on three separate ocCa-
sions. Each time lie saw water lying in
pools on the floor.
Charles Lynch gave similar testimony.
John Malloy was an apprentice with
Hysore IL Son. He testified that the water
came down on an average of four or tivt
hours day and intertered with the men
i'll the discharge of their duty.
Joseph Moon testified that he formerly
worked for HySore Il Son. lie had seer
, water come frequently upon the ma
chiuery.
A. Y. Hysore was recalled to prove the
contract entered into between the plaintiff:
,, and the defendants. The plaintiff herr
7 rested.
Philip @. Churchman opened for tn,
defence, and stated that there was no in
tention on the part of the plaintiff to fore,
/ the defendants out of the shop, nor wa
/ the hair placed above the machiner,
+. through malice,
I During his address Mr. hurChman statet
: that the defence would show that Their
t was not as much hair placed in the room
i above the machinery as the plaintiff woult
Z have it appear. He added: I'VE will prov
t this and we will prove it by white men,
5 There was some surprise at this statemen
y Of Mr.. Churchman's, and the only signili
canoe it could have had was the fact tia
!. Mr.. Bird had called several colored men t.
4 testify to certain points the plaintiff dc
@ sired to have brought out in the evidence
v Lewis K. Springer, architect, testite'
K that he prepared plan of the building
v which was produced in court and eS
II planned.
n Isaac I. Quigley, the defendant. wa
II then called to the stand to testify as to til
s lease between the plaintiff and Hysore
Son, lie stated that the rental was scope
o month. lie testified that the hair wa
II carried to the upper story Of the factory t
q the dryer. The dryer was a big table wit
J. steam pipes under IL.
It Mr.. Higgins was still examining tn
e witness when court adjourned at 12.5
it o'clock until 80 p. m.
!. When court convened Monday aftel
= noon |, I. Quigley, the defendant in tn
u damage suit of Hysore q Son VS.. Quig
v ley, was recalled to the stand and eS
u amined by Mr.. Higgins. Mr., Quigle
). denied that he had told Hysore to g
out of the building. He said that
is had told llysore that if he could not pa
e the monthly rental of $50 he would re
u lease him. He denied having had an
:, conversation in which he was alleged
n have used profanity. The witness &C
IF mitted that there had been a disput
ii between him and Mr.. Hysorc in regar
to bills submitted by lIysore, but denie
ne that he had greeted the plaintiff wit
~ oa1hs and imprecations.
70 MIR. Higgins endeavored to show thi
ID all tine hair was not placed over the rooi
in which the machinery was located, bt
t. this was ruled out by the court. Nj
s. Higgins noted an exception.
e Mr.. Higgins then said he desired
l. show that there was contributory negl
y gence on the part of the plaintiff. IL
AZ sore having built o machine which WI
e. to take the water out of the hair III
Id that the machine had failed to pcrfor
8. its work.
ne Mr.. Bird objected to this and held tn
~ il could not be introduced into the cas-
az for it would bring two issues before Il
hc jury, one of damages to Hysore and OF
ed of damages to Quigley.
he In superior court Tuesday morning. t
IA damage suit OF Hysore Il Son VS.. |.
Quiglcy was again taken up and the c
he animation OF !. I. Qugley by Mr.. Higgl
er senator Higgins turned the witness over
er. Mr. Bird.
nd The witness was subjected to a rig
Ne cross-examination, and stated that he h
he ordered the workmen to carry the hair
ID to the room where 1t was allowed to
main. Witness stated he knew the hi
til was wet but did not know Hysore's TOT
were being ruined. He denied that