The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1893-06-03
bird EDITION,



I'd .|
& Hsurmenecs to Lack Better for the
4ity-ft VIII Take Part Of Next
Week 10 Finish the Casc--LooIss Bad
f<or the Plaintiff.
n As soon as court convened yesterday
Afternoon MIR. VanGegIlft resumed the
e4aminatlon OF witnesses for the de-
Tense, In the case of Hession VS.. the
Mayor and Council of Wilmington.
William Gum, Thomas Bird. John
3 w. Darrell, John A. Solomon, Thomas
~. Hoskins. William Forrest, Samuel
~ Peterson. ex-Sergeant Ingram and
lsrael Fell testified that IL rained of
and on all night there being heavy
showers anu then 1t would almost
K csase only to pour down again In u
Tow minutes. About o'clock In the
morning OF July 20. 1891, there was q
regular cloud burst. mud for tho next
twenty minutes the rain came down
~ torrents.
Tho water on some of the streets
\ was from Is to 20 inches deep. 1t was
Z very dark during the tine the storm
1sted: and It also Numbered and
1rhtnlnRed. Some OF the witnesses
Xerc police Objects and had to wade
nrouRh the water knee deep to rc.
port al the booths. MIR. Hoskins, one
- the witnesses. ia milk man, aud
when he got up at O'Clock in the
morning to get ready to go on his
route. he was unable to go out and
19eu his horse on account of tho
storm. Some OF these witnesses saw
nc water Cd Front street running
1iko river. Nearly all OF the Witness
4 . said TINT 1t wus the worst stoI IN
t1oy had ever witnessed.
Ex-Sherln Simmons was recalled and
va lnU hs.
Front street he was obliged to build
= strong dam to turn tho water Off
down Broom street. When this storm
came IL washod the dam away, some.
EALING that could not have been done
w any ordinary storm. MIR. Naude-
Grift then inquired:
with your knowledge and exper-
lsnce aud what you saw next morn
ing, how did the condition of the
1imes2'
Mr. Bird quickly said: .....
Don't answer; why that 10 the very
same question that WIS asked and
ruled out by the court this morning. ="
Alter Discussion tina court decided
that the question was proper one.
when Mr.. Bird noted an exception. on
me ground that nothing had been
1rought out TO show that the witness
= nov uti9 tHlIS uDOuJ Tic Slteet Dre-
Nous to this storm.
Mr.. Bird also objected to the wit.
ness testifyiug to the severity OF the
storm, on tho ground that as the
witness was in Now Castle at the time,
No could not know how the storm was
In this city. The objection was over.
ruled and the witness said IL was ons
Oi the sevorest storms he had ever
eeen In his life. lilo told of a storm In
1oI2 That tore out the curling and car.
r1ed II Tor blocks. At that time there
were no sewers on Front street, except
private once. The witness did not
16ol.
Homer Simmons was recalled and
fcstificd that at tho time OF the July
storm. u large stone was washed away
some distance down the street. He
never saw storm to equal it.
Carroll 7. Bassett testified that no
las been civil engineer for ten years
and has made specially Of sewers.
BE resides In Newark, n. j., ana has
aeslgned So wer systems for Reading,
Mhilamsport, Long Branch Orange
~ j., Middletown, n. Y, Merldeu,
Conn, Englewood, n. j., and other
Mr.. Bradford asked him a hypothe.
tical question, 10 which Mr.. Bird OBJ
1eeted. and said that expert testimony
uns inadmlssable, when nll the fat.ts
could be brought out so ms 10 be un.
derstood by men of ordinary ability,
ne cited number of authorities in
support OF his contention. and had
not concluded his argument when tho
jury eEas discharged until 10 o'clock
monday morning, and court adjourn
% until 10 o'clock this morning.
The case commences to look de-
eadedly better iur the city, as Messrs.
Bradford and Nantlegrift are showing
roBclus lively that the storm was pie.
nominal and something that could
nDt no Ioresecn or guarded against.
They Will also show that the sewer
was amply sufficient to carry AWAY
any ordinary rain. and that every pro
caution had been taken by tie citv 10
guard against tho ilooding The case
Will no doubt occupy tho attention of
me court Tor the half of next week.
INCIDENTS OF THE CASE.
Whom Mr.. Hosliins was turned over
s 20 Mr. Bird for cross examination the
hitter inquired:
What time did you get up on tho
morning OF July 20. ls9ly"
-Four O'Clock. SIR
'How do you know 1t was four
o'clocky
Il looked at my watch"
Cd you did; how could YOU see
u had light in Tho ROOM
when did you light ~"
IL was burning all night"
is IL your custom to keep light
bnrnlng In close room, hot night
In july?s
1t Is. l always have light at
) night"
Now you are right sure that it was
Just four o'clock; nishtnt IL hayo
heen minute Of that time or n min.
ute after2'
1T might have boon minute before
Iour o'clock, bu; | MN certain that il
WINS not after four"
bsd?" -! 6o "
Il don't know II that's any of your
oisincss, replied the WITNESS, who by
Hills lime wns losing his temper.
On yes, 1t Is my business, and I'll
see that you answer my question:
Mr- Bradford then interfered on be.
ball OF tho witness, and appealed to
tho Court to admunish Mr.. Bird to
cease. Mr., Bird said that ever since
ths witness had been under eross.ex
animation. he had answered the uuas.
Hons In a pert manner. and he intend.
81 10 retuke linn. The Court admou.
tshed tho witness that lie must an.
swer nil questions in a respectful
manner
Tho eross-nxamination then pro.
ceeuied without any further hitch, md
tho witness was finally permitted 10
hoaye tho stand
When MIR. l'irI commenced tho
gross 'oAaminstion OF ex Oflccf simon
Cohen, tho first question he aldressed
TO him was:
"Aill't you the man thnt got In trou.
= Dlo While ynu were ON tie police force
hof neg Letting your duty, while Won
peadled spectacles NJ ths gas woriis,''
The entire audiencerDurst out laugh
ing, and the witness could not heIn
laughing himself, as he answered in
the Affirmative.
There has been considerable leunI
sparrlns oil through the case and
eometimes witness has boon kept on
HE stand un hour while some knottv
E point was discussed by tho ATTORNEYS
and decided by the court, Mr., Bii4i
mas alteady filed :wo exceptions to the
ruling OF the Count.
-
The SciopticaD Entertainment
At Epworth II L. Church. OH Monday
evening. June 9th. Will consist of two
parts. viz: A lecture on Holland, IL
lustiated with 80 line views, and n
0fFle9 oil DletlTpa - In