Bridgeton pioneer., 1894-10-11


Evening NeaCs, but not in any weekly
other than the PIONEER.
Mr.. Sheppard also claims that such
ordinances as these in question, can
not be legally passed until notice of
Councils intention OF passing such or
dinence was advertised.
City Recorder Hewitt testified that
no such notice had ever been adver-
tised.
Clarence Dubois, City Surveyor, was
called to show that the Sidewalk laid
upon Sheppard's walk was not laid
upon the established grade.
Mr.. Sheppard rested his case, and
then followed legal argument by
both sides.
Col Potter was very brief, declaring
that the entire matter was before the
Court, and there was no need of argu-
ment.
Mr.. Sheppard spoke longer, but the
case was finally submitted.
Circuit Court Issue No. 8, followed
the tedious paving cases. This was an
action for damages brought by Rufus
E. Bennett, against Ed. M Ftthian.
The plaintiff was represented by John
8. Mitchell, Esq, while Col. Potter de-
Tended the case for Mr.. Flthian.
A jury was selected, and Mr.. Mitchell
opened the case. It was claimed that
Mr.. Bennett, an elderly gentleman,
was injured by being run into and
knocked down by a team carlessly
driven by coachman in the employ
of Mr.. Fithian.
THURSDAY AFTERNOON.
Court is dragging on. Il took all
the afternoon to dispose of the suit for
damages against Ed. NJ. Flthian,
brought by Rufus E. Bennett.
The first witness called was Druggist
Harry Kirchotf. He was an eye wit
ness TO the accident, which occurred
on the 11th of November, last. Mr..
Kirchoff was in the store previous to
the accident. Hearing noise as of
runaway team, he rushed outside, Just
in time to see Ed, III. Fithian's horse
strike Mr.. Bennett, who was crossing
the street. Mr.. Bennett was knocked
some distance, and was apparently
considerably injured. The sight of
one eye was injured, ard he was sp-
perently suffering from internal in.
juries.
On cross examination, Kirchof said
that Mr.. F'ithian paid mis- DILL incurred
10 treating Mr.. Bennett, which
amounted to $2.23.
MIR. Mitchell created something OF
an innovation, by calling the defend
ant himself to make testimony for the
plaintiff. He was called TO identify a
letter, which MIR. Fitbian had written
to Mr.. Bennett. The letter was writ
ten Feb. 8, 1894. Ir was offered in
evidence to show that Mr.. Flthian ac-
knowledged that 1t was his horse and
wagon which was involved in the ac.
cident. IL the letter MIR. Fithian de.
MED that he was responsible for the
accident, and yet regretted it very
sincerely, and offered to pay the bills
of the druggist who attended MIR. Ben.
nett.
Clinton Mitchell told the Court that
he did not see the horse strike Mr..
Bennett, but saw MIR. Bennett fall. Mr..
Mitchell said he was knocked a dis
tance of about fourteen feet.
Just as the accident occurred, Mr..
Mitchell saw the driver of the horse
pull the horse up suddenly, the ami.
NAL rearing. II was shown that Chas.
Hires was driving the horse, and Robt.
Recap, Jr., was with him. In coming
up the street, the horse did not appear
to be coming very fast, but the driver
did not seem to have any control oyer
it, the lines hanging loosely.
The plaintiff, Rufus E Bennett, was
called. He was apparently very fee BILE
and was assisted to a chair by Mr.
Mitchell. He said he was 81 years of
age and had lived about twenty years
on North Laurel street. Previous to
the accident Mr.. Bennett said he had
been somewhat afflicted, the sight of
his right eye being impaired. He was,
and is, a pensioner Of the Government,
having been in the OWL War.
On the morning of Nov, 18th, last,
he started to go down to Mitchell's
butcher show. To do this he was
obliged to go across the street. At the
point he crossed there was q regular
stone crossing. Previous TO crossing
he looked carefully up and down the
street, to avoid danger. Seeing moth.
ing coming he started across.
When just over the tro ley track the
horse suddenly appeared and collided
with him, doing him serious injury.
Mr Popnoft oonaIt1Ie oh l1iS faSlirn0nv