Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1895-05-17
DAMAGES FOR DAMAGES
Hendel Wants Five Thousand
Dollars.
HUGO aIBHLBR Is THE DEFENDANT

Leg, Cutting His Head and InhIoting |
other Bodily Ipjury--wiIlard sauIs-
burr, Jr., Failed TO Get Continuance.
Colonel Ben amin Nields, attorney for
| the Charles Warner Company, defend
ants In a suit instituted by ]. Frank |
Curry. presented TO the Superior Court |
.esterday afternoon aff1dRyits denying |
| that E 4. Warner aud John Richardson
had interfered with an examination OF
the sompany's sand and lime account
by Judge Ball and Walter Il. Hayes
counsel for Curry.
/ When Curry was put on the stand be
1 testified that there was interference, and
that Mr.. Nields said that II any attempt
was made to look at anything but the
sand and lime account the books would
be closed against them.
Judge Ball sonducted the examination
Of Z T. Warner, who then took the
stand Mr., Warner not only denied al
interference but also that Colonel Nields
had said that he would close the books
The witness and the municipal Judge
indulged in lively passage OF personal
tiles. which resulted in draw.
Mr. Richardson testified that nothing
was put in the way Of the lawyers who
wanted to make the examination. He
was simply placed In the room 10 note
all accounts examined that did not refer
to mortar.
The court dismissed the rule aud re.
! fused TO issue the attachment.
The case OF Miss Maggie Moore and
Mrs. Rebecoa Moore vs. Harry Johnson,
was. on motion OF William : hilles,
counsel for the defendant, continued
until the next term on account Of the
absence OF material witnesses. johnson
, is sued for IS 600 for seduction. The
plaintiffs are represented by Peter
L Cooper, Jr.
The Brandywine Granite Company
rubbed up against Joseph Garlick in the
| Superior Court this morning and was
+, knocked out.
Willard Salisbury, Jr counsel for the
J. company, asked for further continuance
n on the ground Of the absence OF John L
Yates, a material witness for the de-
}. fense
G. Wesley Weldin, ce-president Of the
company. was put on the Htsnd and sworn
! and asked 10 show the materially of the
/. witness.
!. Peter L. Cooper, Jr., attorney fol
!. Gariiek, who wants damages for persona
1 injuries sustained while Ia the company
I employ. eontended that he was entitled &
I know what the defendant expected
= Is prove By Yates. Mr.. Salisbury
n obiscted strenuously to giving sucl
n Information. After the point had heeI
d argued the court decided that, i
r. view Of the fact that II wa
r the third time the defendant had mad
i. application fol acontlnuance, the plaint
a. lif was entitled to know what could b
Il prrven by the absent witness.
Mr. Weldin then stated that Yate
would show that Garlick got hurt be
cause he disobsysd certain instruction
given him by Yates, who wa
- foreman Of the quarry at ths
time. on cross exgmination b
stated that he did not know whether
q would be possible to get Yates here b
lg Jnne 3. the day set for the trial Thl
ID. resulted In the court refusing at thl
OF time to grant the continuance.
OF A German Controversy.
no Jury was drawn to try the damag
OF case Of Albert hendle VS., Hugo Giehlei
20 Walter b. Hayes represented th
au plaintiff and Thomas F. BAyard. Jr, th
Fs defendant. hendel claims $4,000 dan
h- ages for personal iuries resulting froI
an assault made upon him by Glehier
ne Hendel was the first witness called
's, he sould not speak English and A.
OF Kooch was called from the reporter
table to interpret his testimony. III
L. "On August A, 1894 entered Jot
- Gropp's saloon, on Market street belo
% '..S sscond There found Giehler and ms
named Holzhauser The former did n
M know but was acquainted vi
~ ~ the latter, and took glass OF beer vi
~ him. The three men remained In 9
~ NV saloon until Crop closed up. which "
's.t almost midnight.
se' "Then we walked up Market street
"a. Third When near the corner dlehl
% asu said something to me which l did =
lcl understand. told him l did Z
know him. anyway, that "
" going home and did NOT wa
'en have any trouble wi
Anu him Glehler took me by the coll
Kicked me and knocked me down, kick
n. me again while / was down, and bro
,ma nv leg and cut my head fell on
rhi- strest railway track.
raat II was taken home first and afterwi
: ~ to the Delaware Hospital for treatm'
"a ara remained there for about five weei
80 ana was unable to work for fr
: = fonr 70 Eve months am
',..s cahlnet- maker by trade and earn
4 IL on an average Sos month the VII
I ~ wear round. Since ! was hurt can
vss work 50 we'll especially In the Sfterno
man my leg giving out"
snd DR. ~. 6. Winner was sworn and
orse that he was called to No. 9l2 Tay
street to see Hendel. he
not treat Hendel there 6eca
he was intoxicated and would
Nc permit anything TO be done to him. V
tser, seauently he had him sent to the hosp
hlch where he would be under better cont
This The doctor said that Heudels head
nsa- cut and his leg broken.
MICA, Clerk IS. s. Adams, of the Munici
! the Court. was sworn and produced
ting records OF that court. They sho
ghty that Giehler pleaded guilty and
nd Is fined for the assault.
this Mr.. hayes offered the records
MING evidence. but Mr. Bsyard objected. A
many authorities had been cited on
aides the court admitted them.
Iying DR. switbin Chandler testified tina
lrket reduced the fracture and sewed up
wound on the head. The plaintiff
mained at the hospital until SEPT
.t Der z