Evening journal., 1895-12-07
MARTIN CASE WENTOvER
Miscellaneous Business the
Order Of To-day.
HAHFs LTeAL NAME IN QUESTION


Until Next saturdAy-New Rule Laid
Down By the Court General Jury
Calender Revised.
There are evidently two ways Of looking
at the Concord pike crossing Of the B
p railroad for In the case Of Martin VS..
the Baltimore and Phlladelphia Railroad
Company now on trial I'm the Superior
Court there Is direct conflict OF testi
mony regarding its dangerousnesa
Witnesses for the plaintiff gave u most
damaging character and now Mr. Bird
has called Alexander Atwell, Benjamin
Atwell Thomas q. Weldin, Thomas
raley and j. Jackson Pierce. who have
testified that it Is not dangerous to
driver exercising reasonable caution.
This testimony WAS put In yesterday
afternoon.
Nicholas Toomey, engineer Of the
express that ran down Martins team and
killed Lyttle and Miss Carpenter, was
one Of the principal witnesses called for
the company during the afternoon
session. He said that he had reached
Havre de Grace before he learned Of the
fatality Prlor to that time he did not
know that he had struck anyone or
anything. He blew the whistle for
l n
pike and was making from City five to
sixty miles an hour nc the time. belng
| thirteen minutes behind his schedule.
Special Agent @. w Egan, said that
the distance from the whistling post
above Concord turnpike crossing was 10
the crossing proper was 500 feet and 1t
would require twenty seconds TO cover
the distances between the two points,
| going AZ the rate OF sixty miles an hour.
Fireman Wallace Lockhhrt and Con-
ductors Patrick Gavin and William
Baker gave testimony relative to the
blowing Of the whistle and the ringing Of
the bell
Flaeman E. W. Kenney. who went by
on a freight just before the express
dashed through faid that he saw Flag
man Gamble at the railroad crossing
when his train went by
Further hearing OF the Martin case
was continued until Monday. The daily
calender for the general jury. .cases.set for
trial Ia the Superior Court has been
revised and materially cut down by
reason OF this revision. AS II stands at
present Il rs as follows:
Monday December 8 George Maull
vs. Francis Duggan ct al David OArrlck
& Co., vs. Alvan r Morrison.
Tuesday, December l0.-John T Reed
VS. John and Stockey Daniels.
"wednesday. December H. Clayton
IL Dresh vs.. the WILMINGTON City Kali
way Company; Richard Rothwell, d. b.
g., Va. John T. Elliott D. b r.
Thursday, Dec l2 -Shanahan and
WrIghtson Hardware Company vs..
Henry X Armstrong. ct al. Alexander
Dsakyne. d. b. a, vs.. Bapjemin F.
Barber, p r.
Friday Dec 10 William Drvldson VS..
William Forests administrator; Arthur
lF. Cameron vs. Nillard F. Coikran.
Monday December TO- 0-Melchoir
schlittsr VS. Charles Stewart; Common
wealth Beneficial Association VS. Harry
Townsend, administrator Of Harriett
Ann Webb, deceased Sharp's executors
vs James Morrow.
This Mornings Legal oieamInes.
Miscellaneous business took up the
time Of the Superior Court this morn
ing.
On motion Of Josiah Marvel. attorney
for the petitiogsrs, the. mandamug
cases Of Joseph Cash, 90. al. a.,
Tvs tho Reliance Fire Company
we're continued until mex. Saturday. Ia
this connection the court settled a.
Iquestion OF practice Formerly only -
peremptory writ WAS Issued on a,rue to.
lfhow cause. but this morning the,
court laid down a rule that hereafter
unless by agreement OF counsel an
alternative writ must Issue on rule to-
show cause, and peremptory writ on the
return OF the alternative writ.
The rule for a writ Of possession In the,
case of the Equitable Guarantee and
Trust Company vs.. Mclaughlin was made
absolute on application Of Willard
salisbury.
Argument in the case OF the Sussex;
Land and Cattle Company, to set aside
shsrifs's sale, was continued until
next Saturday, as WAS also the argument
for the distribution Of the money srlsinz
from the sale Of the property OF Rene ].
Fougersy.
An interesting point as to what Is in a
name WAS brought out by William ).
Hiles Christopher l. Ward. sometime
ago brought two suits for different
plaintiffs against 'E Ed win Hanf
The law requires that suits shall
bs brought against a mans Chris
! tian name and surnsme, the middle
name or names not being contemplated
, | In law. Mr. Ward claimed that as Hal
. held himself out to the public as
liz Edwin danf and not as
! Emil e HAnf and sgned mort
. cages, transacted business aud had
his name put In the directory as "E.
Edwin Hanf," he could bs sued by
that name Mr. Hllles contended that
I he must be sued by whatever his name
I actually Was aud not by any other.
D After two witnesses had been exam
. ined, one OF them being Hanf, the law
) yers we're instructed to prepare briefs
J and submit them.
! Court adjourned until 10 o'clock Mon
{ day morning.
WIN Go TO Brazil.