The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1894-06-14

After the opening OF Superior Court
yesterday afternoon Captain Charles
+. Smith was called by Mr.. salisbury.
At the time of the accident he was
OF the company.
On the day OF the accident Mills
came to the office. He had q small
flesh wound on the right leg. Mills
told the witness that he saw the stone
coming and instead of facing it turn
ed his side toward it. Mills trousers
wore only torn In one place. The wit
ness took Mills to Smiths drug store
and saw the wound dressed. He has
never seen Mills limp since the time
OF the accident.
Charles G. Blandy. treasurer OF the
company. was the next witness. He
was In the Office when Mills called on
Captain Smith. He has often seen
Mills since the accident aud he neye r
saw the plaintiff walking lame.
Patrolman William Todd testiiled
that his beat was In Brandywine VIII
lage. He has often seen Mills. but
never saw him walking lame. lie
would not know that he had met with
an accident Every time he Las seen
Mills he was peddling his brooms,
etc.
4 Patrolman John +. WEIGH, who also
patrols the Ninth ward. testified he
often cav Mills peddling and never
noticed him walking lame.
Thomas l.. Malin. who Is a farmer In
Brandywine hundred. said he saw
Mills few days after the accident,
and In reply to question Mills said
he was Injured only slightly. lie
never saw Mills having any trouble
walking.
William Dougherty, who lives in
Brandywlne hundred, never sSw Mills
walking lame and he has saen him
number of times since the accident.
Joseph Young, colored. was on the
bridge when the accident happened.
lie was sitting on the wing wall and
he heard the man call lire" Mills
and the foreman ran UP the tree. Be.
fore the blast won't of Mills stepped
out from the tree and was then struc
by the stone. The witness heard the
workmen call fire" three or four
times. He saw him In the afternoo n
after the accident and he was not
lame, and although he has seen him
many time5 since no never saw him
limping.
Samuel Anthony. colored. was
working at Shellpot when Mills was
injured. He heard the warning and
ran. He saw Mills como out Into the
road. A few days after the accident
Anthony heard Mills tell George Will
liams in speaking OF the accident: 1t
was not your fault, don't blame you"
William Young. colored, saw Mills
a few minutes after the accident. His
trousers were torn and saw that Mills
had q scratch on his leg. He had often
seen Mills since the accident and new.
or saw him limping or walking lame.
Willis Bayley. colored, never saw
nj lat Gin hA aEt
Horace 3. Wood was conductor on the
car that brought Mills from Shelipoi
to Delaware avenue. He did not ap-
|, pear to be badly injured and his trou'
sers were torn little.
jeremiah McCarty testified that he
, was cutting corn on farm near She'll
.. pot and Mills was picking mushrooms
. last fall The witness picked up Mllls't
pail of mushrooms and putting then
, In basket ran away. Mills gave pur
. suit and was catching up to the wit
: ness. but in crossing tho b. ~ o. Rail
, road a train came between them ant
: Mills did not catch him.
4; Charles Cathcart was motorman oil
i n car from Shellpot to Riverview. Oh
I the day Mills was injured he was GO
I. ing out to Shellpot and saw the mel
waving at Mills to go back. Mill
told the Witness Immediately after tt
accident that he was not injured, bu
. he was sorry his trousers were torn.
y Nelson Craig. q conductor on thu
j, railway, testified that on the day o!
! the accident Mills said to him: %
should have stayed back OF the tree
and not come out Into the road A
few days later. the witness saw Mills
WHO said: Il wasn't injured much pv'
got new pair OF trousers, and an
all rig ht."