Evening journal., 1894-06-12
MILLSAND HIS LAME LEG
Medical and Expert Testimony
Heard This Morning.
TIE ROCK INJURED THE LEG BONE

Contractor Ruth Would Have Taken
the Risk OF Not Covering the Biast
But would Have Sent Out Red FIsgs.
A Rock Flew Three Hundred Feet and
Smashed a Bedstead Headboard.
The first witness called yesterday after
noon in behalf Of Benjamin Mills in his
suit against the Wilmington City Rail
way Company now being tried In the
Superior Court, WAS William B. Jeileris,
a Brandywine hundred farmer. He was
an eye witness to the accident which in
iured Mills's leg so badly. The witness
said that he was driving along the turn.
pike near Shellpot Park and saw Mills
walking Seeing that the aiiwGy men
were about 10 put of a blast he put his
borse into a trot. He heard the exFlo-
sion, and, turning, saw Mills rubbing his
leg and tho stone rolling away.
In answer 10 cross-qnestions by Mr.
Salisbury Mr. Jefferis said that Mills
seemed TO have been crossing the turn
pike when struck. de had never seen
Mills walk lame since the accident
Mr. Hilles called DR.. w. p. Miller He
testified that about week ago he ex-
aminsd Mills's leg and found ulcers
above and below the knee II rock
| injured the leg two years ago 10 would.
| IN all probability, cause ulcers. especially
I'm oase of man of the advanced years
of the plaintiff In cross. examination
the doctor said he could cure Mills in
few months
George II Handy testified that at the
time of the accident he WAS helping
build the Shellpot Park fences. After
the rock bad struck Mills the man in
| charge Of the blasting ran and took hold
of the plaintiff The blast was not
covered and Handy knew OF no pre-
cautions taken by the companys agents
| for the protection Of travellers on the
road
James H. Wsrburton, an insurance
agent, followed Handy to the stand
Mills went to his house and had his leg
dressed, aud called several times after
wards for similar purpose. Both men
were Englishmen, and this awakened q
| friendly feeling The injured and
swollen leg would almost heal and then
break out in ulcers, which condition has
existed TO the present time. Els wife
gave corroborative testimony.
Thomas McCutcheon's testimony was
10 the effect that Mills called at his
house DE had bandage on his leg and
his trousers were torn. They were
sewed at his house.
William w. Killett. sworn, said that
since the accident, Mills had boarded
with him. He had frequently seen the
leg and baudaged the wounds Kulett
was the last witness called yesterday
afternoon.
The Garfield statue Has Arrived.
The Garfield statue of white bronze
has arrived In this city and is ready FOR
the inspection Of the committee. Nc
decisive action has yet been taken on
the bids for the base, which will cost
$500 An endeavor will be made "a
raise this amount by subscription. S25
OF whicn was received yesterday.
This morning DR.. William g Winner
testified that he examined Millss lee
this morning and found the bone in
, jured.
William A. Ruth, a contractor, wa.
called as an expert on blasting. lie saiC
|, he had done good deal OF blasting anc
usually covered the blast with dbre wher
!, working in the city and suburbs, but die
! | not do it in the country. He had had
! ! rock to fly 300 feet. It went through
: the windo of a house and smashed IN,
! headboard Of a bed.
4 Mr.. Ssulsbury-"Did you ever iniur'
a human beingw
mo, but the woman who lived in tht
house said that hurt her nerves, and
q had the bsdstead to pay for. "
! When asked whether he regarded thI
a turnpike as a public road be said no re
q gsrded it as the main thoroughfare.
! he had been blasting at Shellpot b
a would have assumed the risk and woul
n not have covered the blast but he woul
J have given warning to persons by mean
. of red tags.
Mr.. Hilles recalled James Warburtol
a TO testify 20 the expressions of suffering
made by Mills when he called at tn
a house. Mr.. Salisbury objected an
e after lengthy argument the court sus
" tanned the objection.
q Warburton testified that Mills earne
/. his living by selling broems and washin
p. machines.
10 James Killett. son Of the witness, VIII
81 testified yesterday afternoon, said tha
* Mills boarded at their house, sold broom
-e and washing machines and was an in
dustrious man John killett and hl
n wife gave similar testimony
o Enoch Conrad was affirmed He sal
Df he was a broom manufacturer and ha
q known Mills since November, 1892 The
ce made a verbal contract for suppyin
k. / Mills with brooms, and the contra,
I'd was carried out up to last Ssturda'
he Mills's sales averaged SIS a week. i
I'd regarded Mills as a Woodworking maj
of who worked when the weather and b
health would permit. He had new
on noticed Mills limp.
te. Mills was recalled and said he was
at years old. The profit on the brooms va
MS one-third, and on washing machine
two-thirds. This last statement create
q laugh.
on The defense then rested.
A Motion for Non-suit.
As soon as Mr. Hilles was seated N
nd Salisbury arose and said:
ar "If your honors please, / ask you
bis direct that non suit be entered. ~
'nr ground is this: You possibly hs
no noticed that my learned friel
,sf in speaking OF this case fro
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