The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1893-06-07

Contradictory Tesslmsny snsks IIessssu
Case AsHinst tho City-witnesses
Dissr Aba~fthe Thine Of the essrm.

proceeded with the exa nil
nation OF witnesses In rebuttAl In the
dession damage case.
Daniel Plerscn, Jr., an expert on
sewers, was called to the atand. Mr..
Bradford objected to the witness being
heard, as he was called for the purpose
of contradicting the witnesses for the
leiense. He said that II his testimony
was admitted he certainly had a right
to bring other witnesses TO contradict
these witnesses. and there would
never be an end to the casa.
Mr.. Bird replied and the discussion
was continued for some time, when
finally the court decided that the tssti-
mony could not be admitted, and the
witness left the stand.
William A. Shannon was called by
Mr., Bird. and testified that he is EN-
ployed al the West yard Of the p. W.
d Is. railroad as q switch tender, and
was SO employed 10 1891. 1t com.
to rain about 10 o'clock on the
night of July rs 1891, and rained all
night The hardest part was between
2 and 4 O'clock IN the morning. After
4 o'clock the rain was much lighter,
He had often seen 1t rain much hsrder.
At the time the witness lived at No.
30S Monroe street, and when he went
home in the morning he was Obliged
to 60 by way of Madison street, on ac-
count OF the water.
From quarter to half of all the
rain that fell that night foil between Q
and 4 O'Clock in the mol ming.
$. ID. 1ruitt testified that he 10 ori-
ployed by the Harlan and Holdings
worth Company as captain of the night
watch. and has been for the last ten
years. II is his duty to go around
the yard and wharyes every hour, and
sec that all the men are on duty. He
has three electric buttons to touch,
and If he fell asleep, or did not attend
to his duty, they would tell on him in
the morning. On the night OF July
2Sth, 1891 1t commenced to rain In
showers and continued until about ~
o'clock. when there was very heavy
shower from ESQ O'Clock until 4
o'clock in the mot ming, but he thought
that half the water that fell that night
fell between the hours OF 10 o'clock at
night and O'Clock the next morning.
lie had frequently seen much heavier
rains previous to this.
TN cross-examination by Mr.. Vande-
giift, the witness said that he missed
touching tho button ut s 80 o'clock on
account of tho stoi N.
Mrs. bluria Jlerner was recalled and
testified TINT she had lived on Front
street opposite MIR. Hession's about
nineteen years. and that the bed oil
The street was about as high on one
side us the otner. She was awakene d
by the storm about IL O'Clock aud got
up aud dressed herself. as she was
afrnid they would lie flooded again
The hardest rain was before = o'clo IL,
,ld l.,s x,t.. IL
Hooded from curb TO curb. 1t did not
rain very hard after o'clock, still
there were showers. During the 10
years that she lived with her mother,
Mrs. Harrigan ON Front street, they
were flooded eight or ten times.
Joseph III. Smith testified he was 0
watchman employed by the Harlan 4
Hollingsworth Company in 1891. Oh
the niaht OF July ~ he was watching
on the yacht Alma, which was laying
at the wharf, and was awake all night
1t rained up to II O'Clock moderately
but after that time up TO $3.50 O'Clock
there were some very heavy showers
The heaviest one was from $50 until s
o'clock, but after that 1t did not rain
much. In his opinion two-thirds oil
the rain iell from $50 until O'Clock
In the morning. He had no hesitation
In saying that he had seen much
heavier storms.
Are you related to Anthony Smith,
inquired MIR. Vandegrlft.
What's that got to do with it?' said
Mr. Bird. "Aro you related to Mr..
Vandegrift?' 'Or Mr.. Bird" interjscted
MIR. Nandegrift. The witness looked
ut both gentlemen an Instant and then
replied;
mo amt mixed up with either OF
you, and don't want to be-
William X. Ferris also testified that
the heaviest part OF the storm was be.
tween II O'Clock at night and . O'Clock
the next morning. lie had seen storms
fully as heavy or heavier.
j. L. Rollins testified that he re,
uembered the storm; IT commenced
about 10 O'Clock ut night and contin'
ued until II O'Clock. The heaviest OIL
tho rain fell between 2 and 5 O'Clock
in the morning. IL rained very little
after 4 O'Clock. The witness had bell
to ring every half hour but could not
get out to ring it at $50 o'clock on ac-
count Of the storm. lie had seen
much heavier rains than this, although
it might not have rained 30 long.
John O'Niel testified that lie Is
switch tender ana was out nil night
July 20, 1891, IL rained all night but
the hardest shower WAS after 5 O'Clock
III the morning.
Mrs. Hugh mckinley testified that
oh the night Of the storm she was vi
with sick child. She heard the storm
aud thought the heaviest part was
from . to $50 o'clock. She had seen II
rain just as hard. In fact 1t raiued fully
as hard, If not harder the next day.
VIM. ii. Tennlmore testified that Jul "
80, 1891. he resided on the Lattimer farm
on the Newport pike. and served milk
in this city.
lie was awakened about IL O'Clock
with the storm. but went to sleep
again. lie slept until $50 o'clocii
went down to the barn to attend
to the milking. Shortly after A
o'clock IL rained very hard, but lie had
seen ii rain fully AS harl before.
james l.. Montgomery testified that
in July la0lt he drove an Ice wagon
for the kennebeC Ice Co. lie rcmem
bered heavy storm the latter part oil
July, but could not recullect The date.
The heaviest part OF the storm was
from until ! o'clock. He had to stvl
loading his wagon until it ceased. He
was confident that this shower did not
last over half an hour.
Charles II, Bolt worked for the Zen
nebcc Ice Company in July. 1891. and
lived on Sherman street. On the night
of the storm he left his house about
l2,3G o'clock to 70 10 the ice house
1t was urizzling rain, but the heaviest
part was about 2.45 o'clock and at /
O'Clock they had TO quit loading on &C,
count Of tho storm. lie had seen II
rain much harder than IL did on that
night.
George Hasson, another driver fol
the krnnGUee leo Company, testified
that on the morning OF July 30. 1891,
II ratned very hard between 2 and 4
O'Clock. lie thought the greater part
OF the rain fell before 3 O'Clock. He
hae seen other storms fully as hard
or harder.
j. Frank Curlett, clerk for the
Charles Warner Company, testified
that on the morning Of the storm his
wife awoke him about o'clock. and
he found that it was raining very
hard. lie wne acquainted with the
locality where MI, Hession's store is
situated. and had known it to be Hood.
ed several times before. He went To
the place in the morning and found
the water "a inches deep. 1t was
deeper than in June 1892. In 1889 the
water was 2 inches above the sill.
Charles Iienier testified that he lived
in the vicinity of Mr. Hession's place
Tor long time, and had seen much
larger Hoods than that of July 1891.
The Hood in 1883 was much worse.
Mrs. Hannah Casey stated that The
sewer run just back of her house. She
was awakened hy the storm about =