The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1895-12-06

j. Atwood Woldln went on ~, stand
again this morning. lie did .ot oonsitIer
the Concord crosslng an Unusually dan
gerc.ss vua aud thas when the wind 10
blowing In certain directions an ap.
proceeding train cannot be hoard.
Dr. +. Harvey Day considered tho cross
Ing an unusually dangerous one. Under
crossexamination no said that within 100
feet OF the crossing coming down the pike
the top OF locomotive was visible about
the distance Of four telegraph poles up
the railroad.
Henry q bInhafry also considered tho
crossing OH unusually dangerous one.
James G. McComb was not allowed to
testify to tie value OF tho injured horse.
leaao q. Elliott owner OF the land along
the railroad where the accident occurred
considered tho hedge an obstruction
TO the Vision OF person driving down the
pike. On the cross examination Mr.
Beatty said tho bushes wero natural
growth and not hedge.
Joseph L. Ocheltiee considered the
crossing dangerous. but Thought loco.
crossing. Thomas A. and Robert Beatty
were OF tho same opinion. Tho plaiutln
hero rested.
THE pErESsE OPENS.
In opening the defense Mr. Bird adj.
dressing the court said he had thousht of
osking for q non-suit In the case bat had
cecided to prefent his caso.
He did so by calling Charles G. Gamble.
who was tho Waterman at the Concord
crossing tne night OF tho accident Ha
came out OF the watch box juat before a
freight train passed and he remained out
with his lantern until the express arrived.
before the lattor train reached the cross
Ing he heard the occupants OF the carriR-
ges coming toward the crossing aud called
to them to stop, al the same time moving
tho lantern.
They continued ana nearly ran him
down. He saved Ills own life by jumping
TO one side.
John sAyllc, keeper at tho Concord
ths accident A freight train had passed.
the station short timo before tue ex.
press train and ha saw the watohman ON
the crossing at that time.
lie dlunt hear any one coming down the
pike but heard Waterman Camille warn
come one. lie could not tell what Gamble
bud sad.
Mr.. churchmnn conducted the exauI.
nation. lie asked MIR Lowell his aye. Il
don't Ike TO tell YOU" was his first reply,
but he aftorward satisfied the attorney
Tor The defense by replying that he WA IS
years OF age.
Can you seer asliod Mr.. Churehman.
"Oh, yee."
without your glasses?' 'ss
Yes, sir"
Then tell mo what time 1t is by that
CLOCK pointing TO the courtroom clock
seventy feet away.
'1t IL jul + IL c'clocr.''
Inc answer caused "a ripple OF laughter
AFTER quiet hud been restored an answer
10 question Mr.. Savllle said he loukcd
toward ire rallropl to see II there was
any tennis coming before he retired. lie
repeated that the engine whistle was
blown and the bell tumg.
George Il. Miller Of Pniiade phla Visited
his father. Rev. Mr.. Miller at lullayv,ila
on the night III Aptll Is. 1892, andy 0 10
aud ihs Misses Beatty were driving down
The hill they were passed. by two teams.
Que being buggy occupied by Il couple.
The Witness heard the LOGON olive wListie
very distinctly and saw the train before iE
reached the crossing.
On the cross examination The wItnsss
told hlr. Hllles saw the train 1t was $50 foot
from the crossing. lie did net hear any
singing as the carriages passed him nor
did lac hear the watchmau cry out warm
Ing. lis would not cay positively that
the Waterman was in thu middle OF the
road but TO Tue best OF his recollection he
wac.
Dir. Bird called J. Jackson Pierce and
asked him II he had few nights ago went
TO The crossing and looked for iuoumo.
two moving wet but before tho witness
could answer Mr.. i1illeJ objected. Mi.
liird wanted the witness to tell the on lie,
ton OF the road leo feet from tho track
but the court ruled that MIR. Bird could
Iroduce testimony to the condition OF
the rond aud how iar train was visible
during She month OF April. 1879.
Mi. Iownsend then, III reply to aques.
ton from Mr.. Bird. said he had driven In
Inc pike for years ana In April, Il 90, could
zee train 200 feet from the cruising rhs
condition OF tho roadside 100 feet ir in ne
crossing is the Same as II was 10 A ILL
1898.
Mr. Pierce was on tue stand whom lhs
usual noon recess was taken.
lilo second panel of jurors was dis
charged until Monday mornlnR.
Chiel Justice L0ra announced thnt the
trial list would again be gone over this
afternoon.