Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-06-14
MuRDEn raiAL CO.'S OYER.

/
MURDER rRfAL GOES OYER.
Michael Faino's Case Postponed Until
September 2tth--Another Trial of an
Action for Damages Commenced.
The Chielinsky damage suit was re.
sumcd at O'Clock Wednesday afternoon
and was underway when court adjourned
for the day. The defence finished
its side of the case and called the last
witness shortly before adjournment.
The first witness called in rebuttal ON
Thursday was Walter Apologize, by
whom counsel for the plaintiff endeav-
ored to prove an absence of malice in
putting stick in Chiellnsky's machine
the day of the accident. Apologize said
he had frequently put sticks in the ma
chine before.
Robert Apologize, brother of the
former witness, testified that he saw his
brother put the block under tho machine,
II was similar to the block placed under
another machine.
The plaintiff rested after calling
James Il. Alexander and Maximillian
Chielinsky in reply to the testimony of
the defence.
1t was agreed that the balance of the
day would be consumed in arguing the
law in the case. Mr.. Sanborn began
arguing at 1905 o'clock and continued
until the noon adjournment.
The attention of the superior court
was occupied all Thursday and Friday
morning by the argument Of counsel in
the suit of Chielinsky. Thursday Mr..
Sauborn argued for the plaintiff on the
law in the case while Mr.. Curtis talked
80 20, Il. 80. IA,
On Friday Mr.. Spruance concluded
his argument to the jury and was fol-
lowed by Mr.. Bird, who finished at lis
o'clock. Court then adjourned until 3
| o'clock.
The jury in the damage suit reached
verdict about $50 o'clock Friday night.
Chielinsky lost an arm in an accident at
the shops of the defendant and sued to
recover damages for the loss sustained.
The amount named in the narr filed
by his counsel was $4,000, but the
actual damages asked for were $4,000.
The jury returned a verdict for $4,000,
having been out since $3.50 o'clock in the
| afternoon.
NEW TRIAL ASKED.
AS soon as court convened Satur-
day Mr.. Spruance made a motion for a
new trial. The court promised to set q
| day for argument at which time the
grounds for q retrial will be laid by the
| defence.
In oyer and terminer court Monday
morning William s. Hilles and William
| Michael Byrne, counsel for Michael
| Faiuo, indicted for the murder of Carlo
| Ruva, renewed their motion for con-
tinuance until the September term.
Attorney General Nicholson and Deputy
Attorney General Giles were on hand to
represent the State.
The prisoner was not in court during
the argument of his counsel. Mr.. Byrne
called james Davis, an Italian, to the
stand. Policeman Carmen Di Mare
acted as interpreter. Davis said he was
acquainted with the three witnesses
whose testimony was material to the in
terests of the defence and he had made
diligent efforts to find them but in vain.
They were somewhere in Pennsylvania,
but just where the witness was unable
to say. He thought the men would be
here in September.
The court, after brief consultation,
announced that they would grant con.
tinuance until the Gath day, of Septem-
ber The oyer and terniiner jury was
discharged until that time.
MILLS VS.. THE RAILWAY COMPANY.
The Jury was then called in the
superior court to try the case of Benja-
min Mills VS.. the Wilmington City
Railway Co. William s. Hilles repre-
sents the plaintiff and Willard Sauls-
bury the defence.
Mr.. Hills announced that this is an
action charging the Wilmington City
Railway Co. with negligence in blasting
near certain highway, There are four
counts on the question of negligence
and several additional counts, charging
the defendant with unlawfully injuring
the plaintiff. Mr.. Hilles further stated
that Mills was passing along the
Philadelphia pike near Slellpot Park in
September, 1902, when lie was injured
by rock hurled by blast, striking
him on the leg and producing what
the plaintiff hopes to prove is perma-
nent injury; the blasting was being
done by the Wilmington City Railway
Company, and the plaintiff will show
that Mills was approached by an en-
ploye of the company, who told him to
"come this way" and as he turned he
was hit by the flying rock. Mr. Hilles
commended that the blasting was being
done in Shellpot Park without warning
to people passing along the pike.
In the case of LIE Feyre VS.. Eaton's
administrator a jury of inquisition on
Monday rendered verdict for $1,000
in favor of the plaintiff.
The suit of Benjamin Mills We. the
Wilmington City Railway Co., was con-
tinued in superior court Monday after
noon. Mr., Hilles called William r.
Jefferis, farmer of Brapdywine hun
,dred, who said he knew Mills, and was
driving along the pike'at the time of,the
accident. lie saw the men were about
TO put off blast and urged his horse
into trot After the blast went of he
turned around and saw Mills rubbing
his leg. That was the extent Of his
knowledge of the accident.
Mr.. Saulsbury's REORGANIZATION
brought out tho fact that Mills was
crossing the pike when he was struck
by rock.
DR.. ]. b. Miller testified that he OK.
amined Mills leg about n week ago lad
found an liberated wound above aud
below tho knee. The witness thought
he would be able to cure the plaintiff in
about month.
George II. Handy was working for
the Wilmington City Railway Co. at the
time of the accident. He thought the
rugged stone produced in court looked
like the one that hit the plaintiff, but
he would not swear positively.
]. II. Washburn, an insurance agent,
testified that Mills came to his house to