Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-03-10

going TO Philadelphia on business. Ills
brother was with him and obtained
tickets for both at the station at Har-
rington. While they were near the door
OF the gentlemen's waiting room in
going to the train the latter started
They walked briskly to the cars, his
brother leading. Witness had caught
hold OF two rails of car platform and
had one foot on the lower step when he
was seized from behind by Conductor
William II. Lodge, who jerked him
three times in an attempt to break his
hold. After his foot had been
loosed he was dragged short
distance by the train and after
bis hold had been broken hewas thrown
by the conductor to the station platform.
Then the conductor got aboard the car
and the train continued on its journey.
Witness declared he was sore for two OF
three weeks after the assault was COM
mitted and he suffered mentally because
of the disgrace. He was employed by
his brother as sawyer and subsequent
to the assault, when he attempted heavy
lifting, there was o giving way in the
small of his back. Because of this he
had to engage in lighter business. In
reply to Mr.. Gray's cross-examination
witness could not tell exactly why he
felt disgraced. On redirect examination
he said he did not hear anybody call
"all aboard" Further ross-examina-
ton was conducted by Mr.. Massey.
Roger b. Adams, brother of the
plaintiff, gave a similar account of tho
assault and said his brothers loss from
loss OF time amounted 10 5000 or $500,
On redirect examination he stated that
he heard no notice given of the starting
Of the train.
Charles w. Wroten, who accompanied
the Messrs. Adams to Harrington, de-
scribed the assault. He said he had in
tended to accompany them to Philadel-
phia, but the slkirmish prevented him
getting on the train. He went to the
ticket office and got back the money he
had paid for a ticket.
John @. Thrawley, who was assistant
express agent at Harrington, testified
that the conductor threw the plaintiff
to the station platform with such force
that his body bounded.
William Il. Sharp testified that the
plaintiffs fall was violent; he fell on his
shoulders and had his coat torn.
George II. Jones said the fall was
rather violent. He saw no difficulty OF
the plaintiff getting on the train had he
not been interfered with by the conduc.
tor. On cross examination he stated that
the conductor fell partially ON all tours
and that the two men had partially two
falls.
Thomas Evans testified that the plain.
till after his fall put his hand on his
hip and limped.
Mr.. Lore rested for the plaintiff al
1905 o'clock.
In outlining the defence Mr.. Gray said
the conductor, who stood on the plat.
form of forward car, glanced down
the station platform and saw the PLAIN.
tiff, who evidently was intoxicated
making an unsuccessful attempt to gel
aboard the train, and the conductor ran
to the man and attempted to rescue him
from his imminent peril, possibly using
considerable force to prevent him fall.
ing under the train.
Simon O. Long, assistant engineer OF
the Delaware railroad, described trac.
ing of Harrington station, the railroad
tracks, &c, which was admitted in evi.
dence. Five Photographic views of the
station, its approaches and environments
were also admitted.
Conductor Lodge testified that he
thought the plaintiff was in danger
when he grabbed him. He used force
in breaking the mans hold. He swung
him clear of the track and then'l let him
fall. Witness declared his intention
was to save the plaintiff from being
thrown under the train. The man was
intoxicated and running along with the
train but not going fast enough to keer
up with it. He had difficulty in break.
ing the mans hold. After the man fell
witness jumped on the platform of the
next car, the train going too rapidly fol
him to get on the platform at which the
struggle occurred. On cross-examina.
ton he repeated that the plaintiff wa:
drunk. He saw him staggering about
the station platform before he went neal
the train. If placed in the same position
he would do the same thing again. II
was impossible for him to assist the man
aboard. What he did was done with
the intention of saving the man
from injury. If the plaintiff had held
the rails of the car platform until he
reached the high platform he would
have been struck by it. On redirect ex.
animation witness stated that 1t is gen.
orally thought by railroad men tina,
when a person is running with train
and attempting TO board it the individual
is in great danger of being thrown under
the cars.
Recess until $50 o'clock was taken.
In superior court Monday afternoon
the trial of the case of Henry ID. Adams
VS.. the p, w. 81 b. Railroad Company
was resumed.
James II. Salmons testified: ~ was
rear brakeman of tho train Adams was
trying TO get on. lie tried to get on the
second passenger car while the train
was in motion. He could not keep UP
with the train, and l thought he would
get killed. If he had held on he would
have been struck by the high platform
and if he had let go he might have
rolled under the train. What Lodge
did, think, was the best thing that
could have been done. l would have
done the same thing. My instructions
are TO not allow people to get on or of
the cars or to permit them to stand on
the car platforms while the cars are
moving. These instructions are for the
protection of the public"
Frederick L. Mitchell testified: 81
was baggage master of the train. Lodge
gave me orders to signal the engineer tc
start. do not remember whether Lodge
shouted all aboard 1t was his custom
to do so."
James P. Downward, who recently
entered the employ of the railroad com.
pany, testified: ~ saw Adams catch
hold of the car railing with his left
hand. l thought he would fall under
tho cars and fearing he would be killed
turned my head. Adams face was
flushed, which, supposed, was caused
by drink. An hour later l saw him al
the hotel and | said that man did unn q