The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1894-06-13

Mr.. Saulsbury's motion for non.
suit IN the cuso OF Mile vs. tha Wi.
mlngton City Railway Company was
overruled by the Superior Court at It's
session yesterday afternoon Mr..
salisbury noted AN exception and
then presented tbs defendant com
pany's side OF the case.
lie claimed that the defendants
would prove that tho Blasting was TO-
lilE done by men who were making Il
summer road aud putting in d trank /;
that every reasonable care WAS taEeu
to protect travellers; TINT Mills had
been luGllng AROUND Shellpot Park mud
hau sren and been in the way OF n
number Of rocks; that on the occasion
OF he particular blast three wnrnlnrs
were given and The old man taken out
oil tho way but IN hts curiosity Mills
went out To sre tho blast; that lie
would prove by medical testimony
that Mills present ailments were not
caused by tho blast; that the railway
company was doing the work under
the supervision OF tho turnplke COM
pany.
4 George y. Comfy explained chart
OF the surroundings. alter which VII
Ham CnhOy, presldcLt of the Wi.
minEton and Philadelphia turnpike
was called. and testified that Il con.
tract or agreement was entered into
between the Turnpike Company and
the halfway Company, In refere nee to
the occupation Of the turnpike by the
Railway tracks,
I Peter Waity, tIneK laborer In the
employ OF tho company WA the sec.
ond witness called and testified priI,.
eInaliy to the fact OF having seen
Mills about tho place frequently aud
therefore know OF the blasting George
Williams did the firing aud he told
witness to get people oIt uf tho way.
he witness touched Mills on tie
shoulder and look him over the
bridge. There are two trees over the
bridge aud lie aud Mills got to tie
trees Mills walked from the trees
across tha turnpike and tie ruci,
struck him. The witness went TO hlm.
IL was sale piaao where be took
Mills. Williams shouted fire three
times.
lie did not remember any one Civ
lne warning but him self aud Williams.
, NILS was close enough TO hear at
least two Of the warnings After
Ailtt5 was struck, either TINT day or n
snort time after, Williams said to
Mills That hs was sorry lie rot hurt
ana Mills said: II can't fault you. .
1 Alter Mills was struck the Witbpss
. sent him TO the Middle Dapot. Tine
5 ihlary TO the plaintiff, SO far as tho
witness could see, was n mera scratch
Ills ttuuscrs We're torn. The wound
WIS bleeding very little.
Since tho uCct lent tho Yitness nnyar
; shw Mills SHOW any effect OF The acct.
dent.
TN crosstNxamluatlon the witness
SAID lie never blasted n rock anu meyer
superintended any blasting until the
occasion named. 3lr IIillas enieavor.
, ch 10 get some idea of how long Mills
hai been around the place. Int the
wlthtss had no Idea and finally re-,
mhlAed 1T Is no use trying to make
mo ne, for you cannot do it." Latter
AIR. Htlles advised the witness TO be
more respectful. Tho witness could
not tel. no said, in answer to Mr..
tlli!es, whether the rock was as biR
as marbles or as big as a bucket lie
lla MT see tho rock, but only saw
! Hills struck. When Williams eaIle1|
IRE the last time Mills walked from
behind the tree. lie thought il was
all OF ten minutes from the time fire
was llrst culled until Mills was struck,
lie sent Mills to the eompauy's office
10 let them know how the accldentl
happened and to have the wouDds
dressed If necessary.
] lils testimony OF Cornelius, n Hun.
iRarian, quarfyman, bearing on the
covering of blasts near country roads
ANA Abrham 1ressle along the same
hhe ciosed the afternoon session.