The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1892-03-07
FIFTH E6|(|y|
A Suit For Damages.

jury was drawn from the special panel
to try the case OF Henry ID. Adams, "
the r., W. " b. Railroad Compa1
The plaintiff Is represented by Lore E
Emmons, and the defendant company
by tho Hon. George Gray and George
V. Massey.
Mr.. fore stated the case TO the Jury,
and then commenced the examination
of Witnesses.
Henry ID. Adams testified that he is
the plaintiff In this case, and resides In
Kent county, below Harrington. ON
the morning of December 18th, 1889.
no with his brother went to Harring-
ton. and bought tickets for this city
and Philadelphia, when they wished TO
attend to some business. HIS brother
got on the car just ahead of him, as
the train was about t. move out.
When tho witness had one foot on the
platform, and was holding on to the
rail, some one seized him around tho
waist -...-. .-.
The witness held on but his assailant
jerked at him until he was Obliged to
let so, and fell with such force on the
| platform that he was almost stunned,
and had his back badly injured. The
assault was committed by William II.
Lodge, conductor, who us soon as he
had thrown him on the platform,
| jumped on the train and went off. Ills
back has hurt him ever since, and lie
has been unable TO follow his regular
| business.
The witness was cross examined by
MIR. Gray, hut nothing was brought
out materially different to his direct
| testimony.
Roger Is. Adams testified that he is a
brother Of the plaintiff, and stated that
he saw Conductor Lodge when he pull
ed him off the platform Of tho car. He
thought Lodge threw his brother to
the platform with about as mt UGH force
as one man could throw another. His
brother has complained of his back
hurting him ever since, and in tho
opinion of the witness had lost from
$500 to $500 by being unable to attend
to Ills business
On cross examination by Mr., Gray,
the witness said that when the train
reached this city he left 1t, and waited
until night for his brother. When he
came they both went to Philadelphia,
where they remained several days.
| Charles w. Wroten testified that he
was at the harrington station Decem-
Dor 25, 1880, and saw tho occurrence.
The witness and Henry were standing
near the station room door, while
Roger was standing near to the train,
The latter called for them to get
aboard, as the train was moving. Just
as Henry reached the platform OF the
car he was seized from behind by
Conductor Lodge, and thrown on tho
platform. The witness intended to
have got on tho train, but on ac-
count of the scrmmage, and seeing
how Henry had heen served, was
afraid to attemptit, He went to the
ticket Office and got his money back.
When Henry got up hh seemed some
what dazed, and badly hurt.
John L. Trolley was at Harrington
on the train, and upon getting out on
the platform saw Lodge pull Adams
from the car and throw him on the
platform.
William L. Sharp testified that on
December %, 1890, he was at Harring-
ton when Adams fell to the platform.
lie learned that Lodge had Just lot go
of him,
George H. Jones' testified that he saw
Lodge when he pulled Adams from the
car. He said Lodge threw Adams
twice.
Thomas Evans testified that he saw
Adams alter the occurrence, He had
his hand on his hip and seemed to
have been hurt In some way.
This was the last witness called for
the plaintiff, and Dir. Gray nude his
opening to the jury. He said that
while he believed the story of the
|
to show that Conductor Lodge was
justified in acting as he did.
He was on car in the front, and as
the train was moving out. saw a man
who was evidently under the influence
OF liquor, running along the platform
In an attempt to board tho train.
: Lodge jumped off and hurried toward
the man, who by that time had hold of
the car, and for fear that he might be
hurt pulled him off. These, Mr.. Gray
said, were the facts OF the case which
he intended to prove.
Simon Cameron Long was called
and testified that he is an assistant en-
gineor ON the Delaware division of the
r, W. IL ID. rairaod. He made sketch
OF the station platform at harrington,
with the measurements, which, after
being examined by counsel, was ad-
mlLted as evidence.
MI. Masseyalso offered in evidence.
five photographs of the station, It's
appointments and environments.
William II. Lodge testified that he 10
conductor on the Delaware Division
of the p, W. d b. railroad, and was in
December 1890. At that time he run
from Wilmington TO Delmar. He has
ho acquaintance with Adams, aIiS
never saw him until the morning Of
the occurrence.
The witness was on tho upper end
of the platform, and had told the bag
gnge master to signal the engineer to
go ahead. After the train started, tho
witness looked down the platform as
is his CUSTOM and saw Adams running
alongside of the car with one hand
hold OF the eRr rail-. He waited until
Adams WIS Opposite him, when he
seized hirI by the shoulders and threw
him from the ears to platform. The
train was increasing its speed all the
time, and us Adams was intoxicated,
the witness thought he was In great
danger.
Adams was no doubt intoxicated n
he was to see another man under the
same conditions trying to board
train, he would act just tho same as
he had done In this case He consid-
erea the man ingreat danger and that
ii was his duty to save him il possible.
On cross-examnation, he said that
he saw Adams two or three minutes
before the train started, staggering
around the platform, and acting in
every way like a drunken inan. Lie
did not think it would have boon posi-
bic for him to have put Albums on tho
train and thought that he did the only
thing he could to save him from being
hurt or killed.
At o'clock court took recess until
$50 O'Clock this afternoon.
Rev Vim. G. Rooms will lecture to-