Evening journal., 1894-11-13
MOVED FOR A NON SUIT.
Mr.. Massey Contends That the
Company Cannot Be Mulcted.
FAULT OF A FELLow-sBRvANT

galloway, the FIaRman whose Bad Judg-
ment Caused the wreck. Was on the stand
Yesterday Afternoon-The PIaintln's
Case In.
The disastrous railroad wreck at Porter's
station on the Delaware division early In
the morning Of August 49, 1898, was
the zll-absorbing topic In the Superior
Court yesterday afternoon. Ex. Attorney.
General John Biggs made strenuous
efforts to show by his witnesses that the
p, w. 4 B. Railroad Company was respon
sible for the death Of William P. Wheat
ley. fireman on the Norfolk express.
Senator George Gray and Hon. George v.
Massey were equally active In endeRvoring
to convince the jury that the whole
blame rested on the shoulders of Divine
Providence and poor little George w.
Callsway. the fagmsn, who did not
know that bis conductor had tried to
crowd /, 400 foot train on / ,200-foot
siding and failed in the attempt
A Juror who Did Not Reconvene.
Court reconvened at 2 80 o'clock. but
Juror Cleaver did not, and 1t was 2 40
o'clock before be walked In with flushed
face and hurried step, anticipating he
knew not what for stopping the wheels
Of the court OF justice. Chief Justice
Lore was considerate, however, and
overlooked his hardness, and the case of
Hannah Wheatley vs. the p, W. & B.
Railroad Company was resumed.
Engineer Grubb, who had such a
thrilling experience and narrow escape
when his train, the Norfolk express,
dashed into way freight train No. II,
was on the stand, and Mr.. Biggs pro-
ceeded with the direct examination
which he had begun at the morning
session.
Mr. Bggs-"Whst time did you reach
Porter'sf' cat 10 81 or 10 % a. N"
You had the right of way7" "Yes,
sir. !"
How long should that freight have
been on the siding before you reached
there2' Five minutes My time at
Porter's wRs 10 "A, but / did not arrive
there until 10 27 or l2 28. My time for
leaving Wilmington was. 10 OF a. m
Mr.. Biggs offered q time schedule In
evidence. The witness said that he did
not know positively that the card was
the one la effect at the time OF the
accident
Mr.. Gray objected, saying: 1--WE admit
that IL OF a. m. was the leaving time"
The objection was sustained.
MIR. Biggs What are the wages of an
engineer2" MY wages average $110 Q
month
"What would fireman maks2" zone
half Of what his engineer would make"
The witness was then turned over TO
Mr.. Massey, who cross examined him 1T
length.
He Saw No Danger Signals.
He said that he saw no danger signals
1t was q clear night and he would have
seen them IL they had been displayed. II
event Of such an obstruction as therl
was the signal should have been q RED
light and torpedoes There should have
been two torpedoes 900 feet from the
obstruction, one at 900 and red light.
There were none Of these thingsf'
mo, sir.
Then what WAS the cause of this coll
lision and who was responsible for it,
Mr.. Biggs objected, saying that shat
was the very question the jury had beer
called to decide. The question WAS no
pressed.
| Mr.. Biggs-"Then you do consider tina
there WAS an obstruction there2' Wit
ness--'I found an obstruction there.
Qaughter.)
In answer to further questions he sal,
1t was part of the fsgman's duty to know
| whether or not there was an obstruc
tion
| Operator Crump toms Story.
James H. Crumpton, who has besl
agent and operator at Porter's for clever
years and six months took the stand ant
was sworn.
Mr. Biggs-"Should not those tw
trains, Nos. "a and &c. have gone up tn
preceding sfternoon7" Yes; one at 4. A
and the other AZ is, on August % F"
Mr.. Biggs-"What delayed them2"
Mr.. Gray objected on the ground 0
irrelevancy.
Mr.. Biggs said he wanted to prove tina
they were late, why they were late, an
that the accident at st Anne's crossing
below Middletown, caused the delay 0
the freight train In getting on the ~
at Porter's.
What Made the Senator Glad.
The defense admitted it, Mr.. Ora
saying that he was glad to know ths
those trains In question did not run lat
maliciously and wantonly. Laughter
The witness stated that ne did no
know of his own knowledge that. ther
was an accident below. He then CAV
|; the numbers, of the@ trains whic
reached Porter's late. He stopped th
freight which the Norfolk train dRshe
into, and. delivered an order to Phil
Jones, the conductor. The order wa
Back off at Porter's for No. "a r.
H." He then took the red off, having I
: orders for the Norfolk train. No
reached Porter's at 10 20 No. "a hs
Q gone and No 90 was at the station. NJ
l10 extra freight bad gone sometin
before them both.
81 went down to the scene Of I'll
g accident, said the witness. "Wheatli
: was in the baggage car of train No. 8
l saw blood oozlng from 3 wound in
d face did not stay long, as there we
n others around him The signal is on
used to stop trains for orders. had /
knowledge that No. II was not clear
!. the main track. It was not part of n
n duty to know It, II had given the orde
: to the conductor Of No. II. It was Il
duty of the fsgmsn of No. II to 60
the. track and flag the train of superi
s class. Train No. II should have Civ
the express five minutes time"
le Poor Galloway on the Stand.
n