Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1892-03-02

Bill Passtd--Argument For the Defence
In the Phosphate Works Case.
Judge Houston was able to attend court
yesterday afternoon, much to the graft
&c alton Of the jurors In the damage case
of Anna Marie Williams VS.. the Walton
and Whann Company They are heartily
Disguised with the way in which the
case has dragged along and the lawyer
who makes the shortest argument will
doubtless get the longest verdict.
William g. Prickett. for the plaintiff,
occupied the early part Of the session In
arguing the matter before the jury. He
contended tha. tbs men died from the
gas inhaled while working in the acid
chamber. He deplored the feet that
William John Williams, the expert chem
list, was not In Wilmington when the
men were Frustrated he thought 1t
would have been a great satisfaction to
the deceased II Chemist Williams could
have called on Joshua Williams and told
him that there was no use of his dying,
because there was not any gas In the
acid chamber The defence, he
claimed, had set out to prove
that IL had not killed any
one, when, as q matter Of fact four
men were killed. They we're killed with
out warning The statements Of Bonner
and Kettlewood were not substantiated
Williams was go years old, and would
probably have lived fourteen years
longer. His wife says that be earned IS
week. and took It home to her That
would make his yearly earnings amount
TO $40O. Therefore the widow claims
damages aggregating between "a 500 and
$4,000, and she thought very moderate
al
consumed the rest of the afternoon IN
reading law on the subject, and citing
authorities.
The court then adjourned until 10
o'clock this morning
1fEBRLr TEsT CASE
Some persons have wondered why the
Walton and Whann Company are fight
ing the case 80 hard. IL is because three
other suits for almost similar amounts
hang upon the issue In this one. Should
the Williams case fall through. there is
very little likelihood that the other cases
will be pushed.
Superior Court reconvened at IL
o'clock this morning. Judge Cullen was
on the bench at 10 o'clock, but Judge
Houston did not arrive until II o'clock
and would not have been there then II
Judge Cullen had not become tired and
went after him. There was an impression
abroad that another session Of the court
would be lost.
The bench Of the state is In a deplora-
BILE condition. The chief justice is con-
fined to his home by serious illness
Judge Houston has adopted the ground
hog policy OF not coming out until there
Is better weather; Judge Cullen is
powerless to sit in court and pass upon
cases BY himself, aud Judge Grub can
not sit In New Castle county cases that
do not involve issues Of life and death.
That Is Just the way in which the mat
ter stands Justice is crippled, business
is delayed, and both lawyers and Jurors
are indignant. All recognize that th g
condition Of affairs is brought about by
the advanced age Of the judges, and there
is feeling abroad that the judges should
retire after long and honorable service. or
that some law should be passed making
1t possible for one judge to preside and
determine cases brought in the Court or
General Sessions OF the Pesce and Jail
Delivery and the Superior Court.
One of the most prominent attorneys
OF New Castle county said this morning.
THE General Assembly can now sc
what q mistake 1t made In not passing
the judges Retirement bill introduced
during the last session. It must make
some provision at its next session OF
things will be at standstill The
judges should be retired on pay that will
allow them to live In comfort for the rest
of their lives"
NIKLDs FOR THE DEFENCE.
AS soon as court opened Mr.. Nlelds
resumed bis law and citations of decl
sions This occupied about fifteen
minutes.
At Ills o'clock be began addressing
the jury he claimed that the men were
warned not to 60 into the acid chamber
They went In there with their eyes wide
open and the company was net TO blame
He was still arguing when court took &
recess until $50 o'clock,
DAMAGE SUIT SETTLED.
The case OF Alexander Llsle, admins
traitor of Edwin a. Lisle, VS.. the
Baltimore and Philadelphia Railroad
Company has been settled to the
satisfaction OF both parties, the company
paying damages. The amount Of the dam,
age paid cannot be learned. Llsle was the
foremsn who was killed Just beyond
West Yard junction several months
ago. Bradford Vsndegrift represented
the plaintiff and Levi @. Bird, the de.
PENDANT.
The appeal case Of Jones VS. Davis was
also declared to be settled and dropped
from the trial list
REMOVED TO THE UNITED. STATES COURT
The damage suit OF Maggie Harkini
vs. the Pullman Palace Oar Company
for the death Of her husband
Michael Harkins, was removed q
the United States Circuit Court
on petition Of George q. Bates, souns el
for the defendant. Job a. Jackson be-
came surety. Levi O. Bird appears fol
the plaintiff II was mutually agreed
that this case should be heard in tn,
United States Court during the Jun,
term