Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-12-08
THAT DAMAGE SUIT.
Evidence Before the Superior Cot
Jnnges.

hearing of witnesses in the case was re-
sumed. Joseph Schilling, who was on the
stand when court took recess for the
noon hour, was again called in the after
noon and explained the workings of the
crane to the jury.
Thomas +. Bailey, the next witness,
testified that he was machinist, and had
worked for the Harlan 4 Hollingsworth
Company and the Edge Moor bridge works.
lie stated that the crane, such US used by
the defendant company, was unsafe and
not suitable to work with. Charles w.
Sehl, had been employed AT the j. Morton
Poole Company's works number of
years. lie testified that Il crane like the
| model was unsafe. Witness said he had
built cranes for the Pussy q Jones Com
| pany and at iron works in Reading. lie
had seen between 50 and 100 cranes. he
stated, and had built numbers of cranes
| but never constructed one that did not
| have device to prevent the machinery
slipping.
George w. Sands the next witness, had
learned his trade us a machinisJ with the
| Philadelphia a. Reading Railroad Com
| pany. lie testified that a crane similar to
that used by the defendant company was
| dangerous. The more the cogs were worn
| the more easy the machinery would slip.
| The witness denounced the machine used
| by the Johnson Forge Company. lie de-
ciared it was IMAM killer" whercupnn
| Mr.. Nields stated to the witness that lie
| had better step down from the stand and
help Mr.. Bird prosecute the suit.
William IL. Quinn testified that he was
| working with Peace when the latter was
| killed. The men were ordered to lower
the roll Of 1000 pounds when the crank
slipped from the slow TO the fast motion.
| Witness said to Peace, "look out, Harry.
she's going" The next thing witness
knew he and Peace were lying on the
ground. No warning was given Of the i'm
pending danger.
In superior court Tuesday morning the
damage ease of Joseph Quinn, executor of
Harry II. Peace, vs.. the Johnson Forge
Company, was resumed. Mr.. Bird called
a number of witnesses for the plaintiff, the
line of testimony being similar to that adj
duced at Yesterdays session.
The owing witnesses were examined
as to the dangerous condition of the crane
which caused the accident eliminating in
the death of Peace: Thomas Carly, George
Burris Hugh Wallace, Paul Bauhman,
John Lloyd, John Phillips, John Devine,
Joseph Dudley and Robert Mccullough.
Leonard Reynolds testified to the nature
Of the injuries inflicted upon Peace by the
crane.
Leonard Reynolds was called by Mr..
Bird to prove the declarations of Peace,
subsequent to the accident, and as to his
statement concerning the nature Of the in
inries received. Mr.. Nields objected to the
question but was overruled. Mr.. Nields
noted an exception.
Counsel for the defence also commended
that the plaintiff could not recover for the
physical pain, the mental anguish and
mental suffering of the deceased. Mr.
Bird did not dispute this point.
Court adjourned at l o'clock unit! go
i'll the afternoon.
In the superior court Tuesday after.
noon the hearing of the damage suit of the
executor of Harry Il. Peace vs.. the John,
son Forge Company was resumed. John
Russell testified that Peace was apparently
well man prior to the accident.
Joseph 7. Turner chairman of the re
lief committee of Friendship Lodge, No
l, Heptasophs or $. w. NJ, stated that he
had known Peace two years and he was in
good health.
Chai les Woodbridge testified similarly.
, Mrs. Elizabeth Jones testified as to the
condition or Peace subsequent to the acct
, dent.
I DR.. Joseph p. Pyle, testified that he saw
/ Peace on the day he was injured; thai
Peace was unconscious and suffering from
his injuries.
Charles NJ. Whitelock was called to
} prove the declarations made by Peace dur
ing his illness and to the amount of menta
) anguish and physical suffering Peace ex
perienced.
Mrs Mary Cummins was the next wit
ness called to the stand. She had know
Harry Peace about nine years prior to thu
9 accident. She never knew him to com
plain of sickness before he was injured
. lie had a wild look in his eye, The mar
was a wreck after the accident. Mr.. Nield
, did not cross-examine the witness.
| Mrs. Margaret DAVIS had known Harry
=. Peace during his life time. She saw hin
T on the day of the accident, and he was il
l wretched condition. Witness had know
e him II or ~ years.
S William L. Bruce was next called to tn
e stand. He had known Harry Peace sever
e or eight years prior to the accident. II
! was in good health previous to the acct
1 dent.
. Mrs. Goodwin was called and gave SINH
lar testimony.
: DR.. J. 4. Y. Blocksom testified as to tn
: injuries complained of by Peace.
Mrs. Rebecca Peace, widow of the de
ceased, was called to the stand, and testi
fled that her husband was a healthy MAJ
prior to the accident and lost no time from
p work. He committed suicide in March, 49,
Court adjourned at i.45 o'clock until l
i o'clock Wednesday morning.
r DR.. Howard Ogle was the first witnes
i in the Peace damage suit in. the superio
l. court yesterday. He testified that h
n visited Peace several times previous to hi
Il death and found him bearing all tn
il symptoms of meanchotia. Mr., Bird aske
l. the witness whether or not the niurie
d such as Peace received could have pre-
o duced melanchola. Mr.. Nieds objecte
l. to the question. He held that the counst
\ for the plaintiff was putting hypothet
cal question which he had no right to ASK
y MIR. Bird then asked the witness. assuIr
J. ing it to be true that the deceased was il
,r iured July Goth, 1891, that he had bee
If struck by the handle of a crane, causin
g an injury TO the back which rendered hiI
|, unconscious for over an hour, and whic
y caused sieeplessness for seven cOnsecutiy
Ie nights; whetherthi was sutiicent to caus
4 melancholia?
N Mr.. NieIds objected to the question o
J. the ground that it was not competent.
lie The court allowed the question. D
ig Oglc testified that such condition of n
p. fairs as Mr.. Bird mentioned, might hay
II produced melancholia,
er The witness testified that Peace con
81 planned of injuries to the left side and W;
Of unable to walk without assistance.
u Walter l.. Peace, q brother of the d
c. ceased testified that Peace was well ma
b. prior to the accident. After the accidei
occurred he complained of injuries to h
back and head.
On cross-examnation witness said Hari
10 Peace was hurt in Chester nine years az
but never complained of these injuri
ID which were inflicted to the arm.
ne Lucious q. Jones testified that deceas,
in had told him that he was suffering gre
re pain after the accident and that he visit
a | he was dead.
as Joseph Schilling and Thomas McCullon:
tie testified that they had worked with Pea
II and that he had not been employed
of operating a crane prior to the accider
Il. The plaintiff here rested.
- Al 4 I