Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-12-22

in the Carpenter will case and that body
withdrew at 2.55 O'clock 4 Jury was then
drawn to try the case of Hysore u Son VS..
L. T. Quigley. Levi G. Bird and Andrew
y. Sanhorn appeared for the plaintiff and
Senator Higgins and Philip z. Churchman
for the defence.
Mr.. Sanborn opened for the plaintiff
and stated that this was an action for the
recovery Of damages for the injury to ma
chinery of the plaintiff. The relation OF
landlord and tenant existed between MIR.
Quigley and the plaintiff at the time the
damage to the machinery is alleged to
have occurred. Mr.. Sanborn stated that
the plaintiffs rented part of Mr.. Quig-
ley's building in 1890 for the sum Of 5000.
During the time Of their occupancy of the
building counsel stated that complications
arose in which Hysore & Son We're ordered
to move out of the room Immediately.
Upon their failure to do so, it is alleged,
that the defendant "wilfully, carelessly
and improperly" placed Il quantity OF hair
over the machinery, which, dripping with
lime, fifth and arsenic ran down over the
machinery and ruined IL completely. For
this damage the machinery the plaintiffs
seek to recover.
Mr.. Sunborn also stated that when Mr..
Hysore asked the defendant to place that
hair somewhere else he was received by
oaths and imprecations. 1t was also claimed
that the room was SO damp after the water
and fifth had poured down from the room
above that even the electric lights had to
be taken ont
MIR. Bird then called Alphenas V. Hysore
to the stand. He stated that he and John
r. llysore traded rs Ilysore & Sou. lie
was millwright and. machinist. lie
formerly carried on business on Maryland
avenue. fIe removed to Mr.. Quigley's
establishment. He paid 800 per month
for the use of the room and 5-horse-
power engine, The agreement was only
verbal. The firm began operations on
February 10th, 1890. The water began to
come down in October, 1890. The water
damaged all the machinery III the wood
working department.
The water saturated the Insulation on
the electric light wires and they could
not be used. A linGnan from the electric
light works cut the lights out The ma
chimes were covered with rust and the belt
ing would break and could not be used.
An average of II men were employed. The
shop was in worse condition in the
morning. The water drlpped down until
| midnight. The machinery had to be
| secured in the morning before it could be
| used.
AT 4.4o o'clock the jury in the Carpenter
! will cusc came into court and found that
| the vii. Of November 10th, 1881, was the
last will and testament of Joseph Carpcu-
ter, deceased. This was the Will which
4 Thomas Il. Carpentcr, nephew OF tine de.
! ceased, sought to have set aside on tho
! ground Of undue influence. Under the
| will of November Attn, 1891, the nephew
| was the sole beneficiary. ..
| The Hysore case was then resumed.
Witness stated that glass machine
| valued at 1888 was Il total loss from tht
| damage. He could not sell it, aud il Coulu
not be duplicated. a band.saw, which
| cost 1925, was sold with two other ma
4 chimes for 800. The betting cost Sl32, and
! was rendered valueless by the water drip
| pings. A lathe, valued at ST5, was ruined
together with gis-saw and joiner. Wit
ness said his loss on the machinery alon'
was 81 500.
Senator Higgins cross-eXamined the wit
ness. Court adjourned until 10 o'clocl
| Thursday morning.
In the superior court Thursday after
noon the damage case of Hysare q Sol
VS.. Quigley was again taken up, Tn,
examination Of A. v. IIysore consumed
the entire day and was not completed
when court adjourned until 10 o'clock
Friday morning. Mr. Bird concluded hi
examination Of the plaintiff at tn
morning session and was followed by
Senator Higgins for the defence.
A ludcrous and somewhat sensational
incident occurred in the county cour
house shortly after the superior court con
venCd Friday morning. The judges too
their seats upon the beach and the mem
bcrs of the bar had just greeted the coul
with the usual morning salutations. The
the ventrlouuial voice of Crier Smith NJ
nounced that the time for converting coui
had arrived and this announcement Wa
followed by the usual silence preparator
to takiut, up the business Of the court.
TIE incident occurring at this luncturt
conyulsed the members of the bar wit
laughter, and threw the court into u stat
of temporary excitement. An UNUSUAL
demonstratve citizen arose away bae
near the door leading to the law librar
and obstreperously offered three cheers fc
, Levi G. Bird, the big anti-corporatio
lawyer who has gained a wide reputatio
in the prosecution of heavy damage sui
on behalf of workingmcn.
As soon as he had paid this tribute
Mr.. Bird the emotional citizen fled frol
the court room by the rear door, whil
} several tipstuyes made futile efforts to cal
J ture him. Mr.. Bird laughed heartily
, the righteousness Of the incident, viii
, visible traces Of Il smile were detected abol
/, the faces Of the judges on the, benci
When the excitement had subsidized, I'll
culprit who had created the merry ripp
| of Laughter was nowhere to be found.
The damage suit OF Ilysore VS.. Qnigle
was then taken up. A. V. Hysore ";
, again called to the stand and eros
examined by Senator Higgins.
, MIR. Bird then called John Alker, who
4 now the instructor in the wood-wOrkiI
department of the manual training schO
: in Philadelphia. lie was formerly Ell
T. ployed by Hysore Il Son. His testimor
was to tile effect that the drippings fro
!, the hair placed above the machinery
I Hvsore & Son caused the damage whiC
! impaired its usefulness.
] George w. Bockius testified that
formerly worked for Mr.. Quigley. He h;
y complained to the latter about the wat
/ dripping down over the machinery and Il
/. latter replied with curses when spoken
/. about it,
Senator Higgins cross-examined the W
', ness and asked him why he left Mr.. Qui
4 lev, and what difference had arisen
i tween the two. MIR. Bird objected to Il
l. questions and the court sustained the q
i lection.
n Dnring his testimony witness stated til
y he had seen ice form on the floor as a
- suit Of the water dripping down, al
that the ice was thick enough for skatln
y Eli Russ, colored was The name of t
l. next witness. He is now employed by t
l. George w. Bush Il Sons Co. He work
o for MIR. Quigley during the time II
@ Hysore * son occupied room III !
O formers morocco factory. lie testiii
. that he had helped to carry hair up to t
/. third story and placed it over the IL
y chinery Of Hysore Il Son.
" John L. Hysore, junior member OF I
20 firm of Hysore Il Son testified hatthe wa
s, coming through on the machinery int
ii fcred with the business of the firm a
" the profits arising out Of the business.
! said the water would lay in pools on
4, floor, and the men had to work with ri
- Der boots on.
III Court adjourned at 1855 o'clock III
Do go p. m.