Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-02-21

the motorman tangled" his Dell or not.
Harry Scott testified that he and
James T. Robinson were riding out the
avenue when the accident occurred. He
pointed to the position of the wagon as
described on the plan when the accident
occurred. He explained the relative
position of the wheels and the horses
when the accident occurred. He said
car could not have passed without strlk-
ing the wheel. ....-
Recess until p. m.
The case of Henry r. Higgins VS.. the
Wilmington City Railway Co. was resumed
i'll the superior court Friday afternoon.
DR.. II. L. Ewes testified to the injuries
sustained by the horse by being struck by
an electric car, and Henry K. Higgins
swore that the horse was great hunter
and was valued aJ $3.50. He said the
damages sustained to the wagon were
S67.73. The plaintiff then rested. Mr..
Ponder opened for the defence and called
Architect W. L. Carswell to the stand,
who had plan of the scene of the acci-
dent which he eXemplilied. The case
went over until 10 o'clock Monday morn
ing. The Court discharged the jury until
that time,
The license fight was begun in the super
ior court on Saturday. There was a mo-
| ticeabie absence of applicants for liquor
| license and the attendance did not begin to
come up to that of former years. There
were only three contested cases. Little in
terest was manifested
James A. Magee makes application for
license at No. 23 Justisen street. William
| S. Prickett, for the Law and Order Society,
opposed the license on the ground that the
persons who formerly kept it violated the
law and because it is not needed. He con-
tends that there are ample saloon accom-
modations in the neighborhood.
Walter H. Hayes said the saloon was
| first licensed by Judge Wootten and had
enjoyed a license until the last term of
court when Mahoney Brothers were turned
down because it was alleged the law had
been violated. Mr.. Hayes said it was the
only saloon on Justison street and was
needed in the neighborhood. lie read a
petition signed by so people, who recon-
mended the granting OF the license.
Charles Salvador says he lives at No. 81
Justison street, next door to the place
which wants license. He says the place
iG a necessity as there are only two saloons
within the radius of square. Hethought
the saloon had always been properly kept
by Mahoney Brothers.
Neil Mullin lives at No. 10 Justison
street. He thinks the place is necessity
and Mr.. Magee proper person to keep d
saloon.
Samuel Saunders, who is employed al
the pulp works, swore that Magee is q
proper person to keey saloon.
John S. Newall, says the place is 4 ne
cessity to the travelling public.
Walter Pagan said the place was a ne
cessity because workingmen sit along thu
bank on sunny days and eat their dinners
The saloon is very handy for them. The
remarks of counsel concluded tine case.
Three of the Law and Order Society's
witnesses did not respond when Mr.
Prickett called the case of Thomas l.
Parry, Parry's tavern. The sheriff said thu
summons had not been served on some o
the witnesses. The witnesses live in th
country and the sheriff had not been abl
to get service on them. Mr.. Prickett sail
he did not care TO go ON with the cas-
unless the witnesses we're here.
} Mr.. Hayes, who appears for the appli
, cant, desired to know what Mr.. Pricket
, proposed to prove by the witnesses. Th
Court said they would grant a continuanc
If the witnesses were not present, but
did not care to give as much latitude il
these cases as was the case with regula
court business.
!. The sheriff returned at this juncture an
! stated that the witnesses had all beef
summoned but one. Mr.. Prckett thel
concluded to go on with the case.
There were the usual objections t
Parry's tavern. He presented a remon
STRANGE from people living in School dis
| trict No. 8, Brandywine hundred
/ Mr., Hayes said the tavern was necessit
/ in view. OF the large neighborhood I'M
> mediately surrounding the hotel 1t ha
been licensed place for over half u cen
! tury, and was needed by the travelin
public. Mr.. Hayes produced evidenc
/. pointing to the fact that Parry was
. proper person to keep saloon. This ende
9 the license hearings.
Q The application of James Rogers wa
: Withdrawn.
9 ONE GRANTED-Two REFUSED.
: The Court granted the license of JAIME
I A. Magee. The other contested applici
tions were refused.
Q James w. Ponder began calling wit
nesses for the defence in the case o
{ Ii. r. Higgins VS.. the Wilmington Cit,
Q Railway Company Monday, and the ev
dence adduced from the stand throw
Q new light on the accident, for which th
: plaintiff seeks to recover. The test
mony of the plaintiffs witnesses is th1
{ while the wagon of the plaintiff We
I standing in front of the Dragon Ru
: Dairy, on Delaware avenue, an electri
= car ran into the rear end of the yehicl
s which stood so close to the track th;
4 the car could not well pass withol
!, striking it.
. On Monday tho testimony was eI
: tirely different. Charles Cathcart an
e Frank O'Bricn, conductor and moto
| man, swore that when the front part
the car had passed tho hind wheels
/. the wagon, the horses became suddeni
!. frightened and backed the wagon int
= the car, causing the accident. Tt
r testimony further said that one of IL
5 horses began to kick ana in this mannt
injured itself.
i Henry NJ. Wylie and Mrs, John New
n lin corroborated the testimony Of I'll
g conductor and motorman, in that thes
+ witnesses swore that the front end {
: the car passed the hind wheels of IL
n wagon in safety, and would have gotte
d by without accident had not the horst
:. plunged forward and then backed IL
Q wagon into the car,
J, The case will be resumed at 2.t
S o'clock.
Q Arthur w. Spruance began arguin
n for the plaintiff Monday afternoon, an
J. Tuesday morning j. w. Ponder argue
\ the case for the railway company.
|. tAddttiOnaI court ii.iOs on Iyth pdgs,l
l. 4-
h BEATEN AT BISE ET- -B.iBL.
The Local Y. NJ. C. A. Put Up Goo