Delaware gazette and state journal., 1895-12-12
Whom Mr.. peirce concluded his tnsti.

n
Alexander Atwell, the first witness,
did not consider the crossing at the
Concord turnpike unusually dangerous.
opinion. He did not think there was
anything to prevent train being seen
approaching by person 150 feet above
the railroad.
Postmaster Enoch Moore said he
knew of many other crossings more
dangerous|than the Concord turnpike
crossing. He did not see any reason
why approaching trains could not be
seen.
Nicholas Toomey, who ran the engine
that struck the carriage, said he gave
the proper signals before reaching the
crossing. He gave two long and two
short blasts Of the whistle. He did not
know of the accident until he reached
Havre de Grace, when he was notified
by telegraph. He passed freight train
above the Concord crossing. On cross
examination the witness said he was l3
minutes late when the train arrived at
Delaware avenue station. He did not
see the double team drive across in
front Of the locomotive. When asked
why he did not see the carriage that
passed in front, he said it is customary
for the engineer to look a long way
ahead and not Immediately in front OF
his engine, and he presumed that he
overlooked the team in that way. At
that time he was running between So
and 60 miles an hour. He saw light,
presumably the watchman Is, waving up
and down in the middle of the road
He ran by the crossing between 10 and
20 seconds after he blew for it.
Q. W. Eagan. an agent of the rail-
road company, was called as an expert
witness. He said the whistlipg post
is l, 600 feet from the crossing, and he
calculated that it would take about 20
seconds for train to run that dis
tance. The distance to the top of the
hill is about 1000 feet.
Wallace Lockhart, fireman of the en-
gine which struck the carriage. said
he rang the bell before the train reach !.
ed the crossing and while it was going
over. Before the locomotive approached
the crossing he was throwing coke in
the boiler, He said he saw q light NOV
ing on the crossing and he presumed
it was the watchman's lantern. On
cross -examinatio the witness said he
did not see any teams go across as he
was between the cab and the tender.
Patrick Calvin, conductor of the train
that struck the carriage, said at the
time of the accident he was in one of
the vestibules. He, heard the whistle
blown before Concord crossing was
passed.
William Baker, conductor Of freight
train, which passed Concord crossing
going north just before the express
passed coming south, said ne was posi-
tive the express whiatied before reach
ing the crossing. He also saw the
watchman on the south side of the
track in the middle of the Concord
turnpike, with his lantern; he was
looking right at him.
Fl. W. Kenney, who was flagman
on the freight, saw the watchman at
the crossing, and he called to him. He
did not recollect whether the express
blew whistle or not. The car he was
in, he thought, was about at the whistle
post, when it passed the locomotive.
Benjamin Atwell, a resident of Talley
vile, said there was no obstruction
from the time Eliott's house is passed
until the railroad is reached. He stated
that he can see an approaching train
better at night than in daytime. He
can see it some distance away and did
not think that the crossing is dan
gerous.
Thomas Taley thought an approach
ing train could be seen from a point
250 feet up the road.
Court adjourned until o'clock Sat
urday morning, and the case was con
tinued until Monday morning.
When court opened on Saturday
morning Josiah Marvel, counsel for
the applicants for admission to men,
hership in the Reliance Fire CO., made
a motion that tho hearing of the rule
be postponed until next Saturday. 1t
was granted and a question of practice
WAS settled. Heretofore in mandsmus
cases it has boen the custom here for
one peremptory writ to issue on rule
10 show cause, but the court laid down
this morning that in the future, unless
by agreement of counsel an alternative
writ shall issue on rule to show cause
aud peremptory writ shall issue upon
the return of the alternative writ.
The cases of late employees at Union
Park against Rene j. Fougeray, who
have brought suit for wages, were, on
motion of Messrs Hayes, Cochran and
Byrne, counsel for the plaintiffs, con-
tinued until next Saturday. There are
six claimants in all. Tho money
realized by the sheriff from the sale Of
the park has been turned into court,
The writ of possession in the case of
the Equitable Guarantee and Trust
Go vs. Mclaughlin was made abso-
Lutte.
christopher l.. Ward brought two
suits for different plaintiffs against Il.
Edwin Hanf. The law requires that
suits shall be bought against a mans
Christian name and his surname, the
middle name not being contemplated
in law. Mr. Ward claimed that as
Hanf hold himself out TO the public as
q. Edwin Hanf, signed mortgages and
had deed made out to him that way,
signs his name that way, has it in the
directory so and is known generally as
i. Edwin Hanf that he can be sued
that way. Mr.. Hiles, counsel for the
held that he must be sued
by whatever his name is, not as mat 1
ter of reputation, but as matter of
fact. After two witnesses had been
heard counsel on both sides were d.
rected TO prepare briefs and present
them to the court.
Adjournment was made to 10 o'clock
Monday morning.
When court swas opened on Monday
the damage suit of w. G.
Martin vs. B. d p. Railroad Go. was
resumed.
W. A. Pratt, division engineer, was
the first witness. He testified to the
city boundary where the accident oc-
Cured. He said the city line is be-
tween the east and west bound tracks.
W. S. Tanguy was called to testify
to the condition of the crossing at the \
time OF the accident, but he was hot
allowed to do so, the defence having