Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-06-14

working man.
Enoch Conard, a broom manufac-
turer, testified that Mills purchased
brooms from him and his earning capa-
city was $l5 per week.
The plaintiff himself was recalled and
said he earned on an average of SIS per
week. The plaintiff here rested.
Mr.. Salisbury moved for non-suit
on the ground that the allegations are at
variance with the proof in the case. Mr.
Hilles had designated the Philadelphia
pike as public highway Mr.. Salisbury
said, while it was u road owned
by private company. He said the
description of the highway must be
clearly proved.
Court reserved its decision and took
recess until $50 o'clock.
AS soon as the superior court con-
vened Tuesday afternoon the judges
denied the motion OF Mr.. Salisbury for
non.suit in the damage suit of Mills
VS.. the Wilmington City Railway Co.
At the morning session Mr.. Salisbury
asked for non-suit on the ground that
the allegations were at variance with the
proof in the case, inasmuch as Mr. Hilles
had designated the Philadelphia pike as
public road when in fact it was owned
by company.
The damage suit was resumed in SUI
perior court Wednesday. Mr.. Sauls-
bury called DIR. John Palmer, Jr., to the
stand. He testified that Mills called at
his office on September oath, 1892, with
a note from Captain Smith, who was
then connected with the railway COM
pany lie exhibited a wound in the leg.
He did not consider the injury dan
gerous one. He told Mills what to do
for the injury and II it troubled him to
return. But Mills never came back.
The witness also made an cXamina-
ton of the plaintiffs leg in the Court
House, on Monday, in the presence Of
prs. Shortlidge and Draper. The law
yers' table was used as a dissecting
board. The doctors discovered two
wounds on the leg, one above and one
below the knee. There was some ulcera-
ton of the would but no disturbance to
the bone. The witness said he noticed
no difference in the plaintiffs shin from
the shins of other people.
Mr.. Hilles examined the witness and
brought out the fact that Mills inter-
posed no objection to the examination;
that the witness did not caution him
against walking about on the leg but
told him to return for further treatment.
The witness did not pretend to account
for the injuries on the nuns leg.
Mayor Shortlidge was the next wit
ness called to the stand. He said he
had been practicing physician for "a
years. He recOllected that Mills had
called at his office about three times
after he claimed this accident occurred.
lie did not remember that Mills said
anything to him about the accident. He
remembered giving the plaintiff some-
thing for indigestion. The witness ex-
amined the leg of the plaintiff on Mon
day last in the court room.
Dr. Shortlidge at this iuncture stated
that, inasmuch as tho plaintiffs leg was
in. evidence he would like to make an
examination of it before the jury.
Mr.. Hilles objected to this and stated
as his reason that three doctors had
already examined the plaintiffs leg in
the court room and he would certainly
oppose any further examination.
The court said it had no jurisdiction
over the plaintiffs leg and could not
compel him TO submit to examipation.
Mr.. Hilles stated that DIR. Shortlidge
wanted to get another shot at the mans
leg and he didn't propose that he should
get it,
The examination of the witness was
then resumed. He explained that his
reasons for wanting to examine the leg
again was owing to the fact that when
the former examination was made the
measurements of the leg were over
looked and the witness wanted to take
the measurement before the jury. He
said the sores on the plaintiffs leg were
superficial ones. He thought the cause
Of the present, state offthe Injuries was
due to either neglect or some external
irritant.
On oross-examination the witness said
he did not think the stone producedtin
court could have caused theiiniury to
the plaintiffs leg no matter how many
revolutions it made. He said that'sey-
eral conditions could have caused tie
liberation on the mans leg. They, could
have been produced by an application
of carbolic acid or nitric acid, In the,
army IL was sometimes the custom of
men to tie copper cent around the log
to produce irritation and thereby secure
retirement to the sick list and subse-
quently leave of absence.
DR.. j. A. Draper was the next wit
ness. He testified that he had also made
an examination of the mans leg and
found an liberated wound ON the leg.
1t was a superficial wound. He said
the plaintiff was not very healthy man.
The bone of the leg was not involved.
by neglect or failure to keep ii In proper
n pns1 n
would be very serious matter.
DR.. Draper testified that from the con.
dition Of the sore he could net tell
whether it had been produced by an in
jury or whether it was an old,wound.
1t would be difficult to make an. injury
above and below the knee with stone
and not involve the knee itself; that is
if tho stone was going true and the
plaintiff was standing in the position he
claimed to be standing.
John j. Jacoby contractor, was
called and testified that in the country
where there were no buildings near It
was not customary to cover the blasts.
George Williams colored quarry
man who lives in Paschalville, Pa, said
he was employed by the Wilmington
City Railway Co. at the time of the
accident. This is the man who put off
the blast in 1899 when the plaintiff
claims he was injured by flying rock.
Williams said that Mills came and
looked at him when he was drilling the
hole and after it was loaded Mills went
away. The witness told one of the
workmen to get the men out OF the way
and he hid himself behind tree. He
looked and saw Mills coming toward
the blast. TIE men called to him to go
back, but just then the blast exploded.