Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-12-15
SUPERIOR COURT.
A Verdict in the Peace Damage Sui
The Carpenter VIII Case Before {

the johnson Forge Company, was re-
snmed Mt yesterday weeks session of
the superior court. Witness said the crane
which caused the accident was safe one.
On cross-examination witness became
somewhat confused, and proved rather an
important witness for the defence.
Jacob Lewis. is superintendent of the
Old Ferry rolling mills. and has been in
the employ of this company about IA
years. lie testified that Peace had beer
employed at the Diamond State iron works
six or seven years and had operated cranes
there.
On cross examination witness said that
in all his experience he never saw crane
like the model produced in court.
Ellwood Brown has been employed ct
the works of the Johnson Forge Company
and had worked the crane which caused
the accident. He testified that il was i'm
possible to pass the crane from the slow to
the fast motion while ii is in motion.
Court djourncd at o'clock until 10
o'clock Thursday morning.
In superior court on Thursday the dam
age suit of Joseph Quinn, executor for
Harry Il. Peace, VS.. the Johnson Forge
Company, was resumed. John Mcbride
was the first witness called by Mr.. Eields
for the defence. He testified that he was
originally employed by the Pencoyd iron
works, but is now in the employ Of the
In reply TO u question of Mr.. Bird. the
witness said that he thought one of the
handles of the crane which caused the uc-
cident was loose prior to the casualty.
John Shultz testified that he is now in
the employ Of the Lobdell Cur Wheel Com
pany He formerly was in the employ of
the Christiana rolling mills. MIR. NieldS
asked the witness to tell how one, Gal
loway, was injured by the crane, when
Mr.. Bird objected to the question and held
that only Galloway, himself, could be
called to prove the conditions under which
he was injured. The court over-ruled the
objection. The witness then described how
Galloway and Dutch George were in
jured.
ON cross.examination witness said he
did not work with cranes and knew little
about those at the Lobdell car wheel
works. He denied that he had told Walter
Peace that the crane which caused the
accident was unsafe.
James Brannon was sworn, and testified
that he was employed at the christina
rolling mills when Galloway and IA
Dutchmann were injured. He declared
that the "Dutchman' had placed his
fingers deliberately on the cogs of the
crane.
George Quinn is night boss at the works
Of the johnson Forge Company. He had
worked at the Chrisfiana rolling mills. He
accident. He testified that he was present
when the German known as dutch
| George" was injured by the crane.
| Quinn then showed to the jury and the
court the manner in which Peace was in
| jured by .he crane. He denied that he
| had been hurled II feet up i'll the air.
Witness was asked by MIR. Bird whether
or not he had not said to Joseph Schilling
in September, 1891, that the crane was 4
dangerous one which caused the accident.
| Witness denied that he had made such an
assertion.
Samuel Blake, colored. was the next
witness called to the stand, His testimony
was to the effect that Peace had operated
/ cranes prior to the accident
Thomas Harvey had been employed at
| the johnson Forge Compauy's works. lie
testified that while lowering a roll in the
| crane on one occasion he was whirled
around on the handle and fell Off
Joseph Lowe, colored, testified that he
was one of the roll gang when the previous
| witness was hurled around by one of the
| handles to the ground. The witness had
| pushed the gearing of the crane from the
| slow to the fast intentionally. He did not
| know it was dangerous in so dong.
Court adjourned at l o'clock until $50
| p. m.
When the Peace damage suit was re-
sumed in superior court Friday morning,
Mr.. Bird began calling witnesses for the
defence. Joseph Schillng testified that
George Quinn, one of the defendants wit
nesses, had informed him the crane was
unsafe. Mr. Schilling testified similarly.
| Thomas Carly, colored, was called by
Mr.. Bird and asked whether or not he had
not seen Il man named Samuel Blake
struck by the handle of the crane. Wit
ness testified that he was standing about
20 feet from the crane when Blake was
struck.
Walter H. Peace, brother of the deceased,
was recalled and testified that John
Schultz had stated to him at the p, w. x
h. railroad that the crane was unsafe.
Mr.. Bird here rested and asked the court
to place some limit on the argument by
counsel so that the case could be disposed
of to-day. Two hours and q half was de
cided upon as the limit for argument.
Andrew Il. Sanborn then opened for the
| plaintiff and was followed by John p.
Nields for the defence.
John Percy Nields made his maiden
speech this morning. His argument be
fore the jury was at times forcible and
eloquent He is associated in the case
with his father, Colonel Benjamin Nields
The latter was arguing when court ad
1ourned at O'Clock until $50 p. m.
Judge Cullen charged the jury Sat
urday in the Peace damage suit, and
that body retired at 1925 o'clock. The
charge was an impartial review of the
facts in the case, involving the materia
points of law and is said by members oi
the bar to be one Of the ablest ever de
livered by Judge Cullen.
After the jury had gone to their room
Mr.. Nields realized the fact that he hat
neglected TO offer the crane in evidence
and Mr.. Bird naturally objected to the
crane going to the jury after they hat
Withdrawn. Mr.. Nields contended tina
the counsel for the defence had used thu
crane and accepted it during the trial
and therefore it should go before tn,
jury. The court held that any mad
vertancc on the part of counsel was no
sufficient ground for the crane going be
fore the jury at this stage of the pro
ceedlngs and held that 1t could not nov
be introduced as evidence The mode
was not therefore allowed to 60 into til,
jury room.
The argument in the case was finished
Friday afternoon, when Colone
Nields argued for the defence and Lev
@. Bird, Esq, for the plaintiff.
Senator Higgins asked for rule t.
$4,000 in the case of Receiver of Take
John T. Dickey vs.. the Republican
Printing Company should not be Sc
aside. The judgment was secured b,
Peter L. Cooper, Jr., at the last term o
court, who appeared as counsel for Mr.
Dickey, and asked for judgment on til,
ground that the defendant had failed tt
enter special bail before the prothono
tary. The court granted the rule which
was made returnablc on "Wednesday
next