Evening journal., 1892-12-21
BIRD AFTER HIGGINSI
The Senator Gets a Philippe
From His Learned Friend"
BIRD oALLEDA "wAIKIEaTHREAT"

tho Argument In the hyhOre-ouiRleY
Case Finished Counsel Pass Rather
Dubious Compliments The Judge WIN
Not Charge the Jury Untn Tomorrow
Morning.
All the evidence in the damage suit
Of Hysore & Son vs. l. T. Quigley, was
put in in the Superior Court yesterday
afternoon. The court limited counsel to
two hours and a-half each for law and
argument
Andrew E. Sanborn opened for the
plaintiff. He said that the questions in
volved in the case were: Was there
negligence2 Was It done Intentionally
Did the damage result as alleged2 He
asked for $4,000 damage. The stated
damages were: On the machinery,
grinding, s 800: electric lighting, $47S.
AT the conclusion of his opening ad-
dress court adjourned until $50 o'clock
this morning.
Phillip @. Churchman opened for the
plaintiff this morning. He was followed
by Senator Higgins, who paid his
respects TO his political enemy and
"learned friend, Mr. Bird, throughout
his argument He said. in part:
This $4,000 damages is for Hysore
plus my learned friend. Quigley had
better have paid the bill which was pre-
sented by Hysore and not have taken $40
oil Of t. II he had IL is. not likely that
this suit would have been brought
81 congratulate my learned friend upon
the success he has made at the bar. He
has reached one Of the highest elements.
He has become a walking threat upon
the community. A holy terror to rail
road companies and manufacturers. They
do not know their years profit until they
have settled with him.
Mr. Bird began his address at 10 o'clock
He had one hour and eight minutes. He
said;
"If the jury believe that Isaac Trimble
Quigley put the water there with malic-
ious intent they may give vindictive
damages. They are the sole judges of
that fact. The courts have held that
gross negligence justifes the jury in
awarding smart money as it
Is called We deny that Quigley had
the right TO run that water down upon
him. No sane man who knows any law
OF his A. B. @. 3 viii ask the Court to
charge any such doctrine as my learned
| friend has asked In his prayers.
'"rhis case comes here spawned and
pitifully weak. Every honest man in
the community is shocked to know that
there Is a man living in Wilmington
who would allow water TO run down
upon his tenant day after day
"They have pulled poor Ellie Rust
back and forth One of the counsel has
said we will prove our case by white
men. Il is the FIRST time ever knew
Quigley, Churchman or my learned friend
to be down on the colored man. it Is a
new role for them 20 play-I say it Is a
new role for that Office to play.
'My learned friend has said that am
a walking threat TO railroad companies
and manufacturers. Well, l will say
that they are not afraid of him. About
a year ago he sued railroad company
He sued Il for a dogcatcher. Two Of
this Jury were members Of that jury.
NV learned friend was turned out Of
court. aud no one else has ever again
come TO him to employ him in damage
case.
"He was whipped. horse and dragoon.
II is a bad rule that won't work both
ways He got dog-catcher client, but
he forgot when he made that remark that
two of the members Of that jury were on
this. Il is all we'll enough for man to
attack a man, but let him do IL in fair
way, Any lawyer win try damage cases
II he can get them but II he has as much
luck as my friend had they won't get
many.
Diamond State Junk shop.
They brought George W. Todd, Of the
Diamond State Iron Company to testify
in this case. Why is he afraid Of these
,oe.ag Rocouqo A. the Diamond State
shops they use second hand machinery
second. hand saws, second hand planning
, machines. and everything they have is
, second hand. II they hurt a man the
j firm will hear from It, All their ma,
b chimes are secondhand. That Is the
kind Of a junkshop the Diamond State
D Is.
; Isaac Trimble Quigley told you under
\ oath that he never had but one notice Of
/ that water coming down, and we proved
3 that he had eight or ten.
'Hrhere was hand that hat
malice i'm it that placed that hair there
81 put II to YOU whether you viii maxi
s an example Of this man. You viii sa,
0 that man cannot treat a man IN such |
g malicious manner and go unpunished
e / asked YOU to give damages for the
n real loss and the rest up to $4,000 fo
n exemplary or smart damages.
o He finished his argument at 1245 O.
d clock
Judge Cullen announced that, as ther'
were a number of exceptions notel
and It would take some tim
q TO look up the law, he would defer hi
e charge until tomorrow morning. Tn
t jury was discharged until that time, an'
4 ] ! ...I