Evening journal., 1894-06-11

uo Carries a Lame Leg la Consequence !
Of Being struck by Rock Thrown by !
Blast at shelipot Parl-Mr. Salisbury
Located HIS Sleeping Quarters.
Michael Fano, indicted for the murder
Of Carlo Ruva, will not be tried until the
September term after all This morning
the Court Of Oyer aud Terminer granted
9 motion for continuance, made by
William Hilles and William NJ. Byrne
counsel for the accused. Attorney
General Nicholson and Deputy Attorney
General Giles represented the state. The
prisoner was not in court
Mr.. Byrne called James Davis, an
Italian, 20 the stand. Through Inter
prefer Carmme DiMare he said that he
was personally acquainted with the three
absent witnesses for the defense and
that he had made diligaut, but vain
efforts to find them. He knew they were
somewhere in Pennsylvania, but where,
be could not ascertain. He thought the
ab5entees would be In court in Septem
Der.
Davis was oss-examined by the
attorney general. In answer 70 his
ques. ions the witness faid he beoime
i
the murder occurred.
Tde judges consulted for a short time
and granted the continuance, fixing Sep
| tembsr 81 as the day Of trial The
| jury was discharged until that date.
| A jury Of inquisitiOn was drawn and
repaired to the law library. The rest Of
the panel was discharged from further
attendance.
Case Against the city Railway.
The special jury drawn on Thursday
TO try the case of Benjamin Mills vs.. tho
| Wilmington City Railway Company went
into the box and was sworn. William S
Hilles represented the plaintiff VIII.
lard salisbury, Jr., was counsel for the
defendant company.
In opening his case Mr.. Hiles said
| that Mills was passing along the phila-
delphla pike, on Friday, September %
When at Sheilpot Park, near the bridge,
passing along the road he was injured by
a rock hurled from blast fred by
agents Of the company, who were blast
ing rock and fixing up the park. He
wns coming along that road In the
morning when his attention was
directed by an employe Of the
company who came out and told him to
come this way" He turned around
aud wa ked a short distance In company
with the employe, and the blast went
of He turned around and was struck
on the leg With a rock thrown by the
blast His leg was injured and that in.
Jury has caused him much suffering Mr..
Hules said that he would show that the
blast was cred without sufficient warn
ing
William B. Carswel. civil engineer,
exemplifed plot Of Shellpot Park and
vicinity. which ihs bad drawn, and 20
was put Ia evidence without objection
on the part of the defense.
Mills, the plaintiff, then took the
stand. He is an old man and walked TO
the stand with a slight limp
II came to this city In June, 1892,
said the plaintiff ! was canvassing for
washing machines / was injured on
Friday, September 23 As | approached
the park after passing the bridge, / saw
the men running Mr. White, one OF
the men told me to follow him, aud we
ran toward Philadelphia. The blast
went of when we were about eighty
feet the other side OF the bridge. A
rock struck me on the leg tearing my
trousers and badly bruising my limb
Mr. Hilles- Did it hit you square on
the leg?"..
II cont know whether it did OF not.
"How large was that rockg'
d al can't just say.
"Would you know 1t II you saw itl"
eyes, sir
- els that itl' asked Mr. Hilles lifting
Z TO the table a rock of irregular Shape ant
weighing probably ftty pounds.
"Yss, that's It,
Mr. Hiiles. with a smile, offered
it in evidence.
Mills testified further that he was the1
, handed ticket and went 10 the middle
4 depot. where Captain Smith telephones
, for Dr. Palmer who dressed his wounds
! and Garrett Smith furnished the drugs
j He didn't know whether the company
0 paid for them or not but he didn't. ana
= had never received a bill from either thu
2 doctor OF druggist.
Has your leg ever healed eniirelyp
d mo, not entirely.
Mr.. Hilles-"I want to show this man
= leg 20 the Jury"
Mr. Salisbury objected. saying h
wanted a reputable physician 70 examinl
Y the leg to see If the injury were tw
years old
The court said that Mills was a witnes
and that whatever he testified would e
n
the defense could show that the injurie
were caused by something else
p Mr. Hilles, TO save time. agreed 20 al
n low the physician to examine the lei
% during the noon recess The witnes
Q then barred his leg TO the jury IL Shove
d two ugly Sores one above and the othe
d below the right knee
o The plaintiff said that ia consequence
& Of his injuries he lost fully two thirds q
10 his time Then Mr. Hilles turned bin
g over TO Mr.. Salisbury for cross-exam
s nation.
n Mr.. Salisbury asked him about oertai
Is conversations alleged TO have been ha
with Nelson Craig. an employe Of th
company, tending 60 show th
?. negligence Of the plaintiff, but he denie
Is them all
% Mr. Salisbury showed that during th
If week previous 70 the accident Mills slep
lf i'm a shed in Tyres quarry, or in an out
1t building on the Wier place Since the
8s he has been on New street paying b
le board He denied that be told Geore
AZ Williams. the "blaster," that IL was u,