Evening journal., 1895-12-09
THE TESTIMONY ALL IN.
Jurors Will Visit the Concord
Turnpike Crossing.
SOME WITNESSES TURNED DOWN
PLAINTIFFS Lawyers Recalled witnesses to
Prove That No Freight Train Passed
Just Before the Express Dashed BY.
Argument Limited to One Hour on Each


Side.
Il was 10 o'clock this morning when
the Jurors drRwn to try the case OF W. O.
Martin Va. the B 4 p. Railroad Com
pany resumed their pisces In the box,
looking much refreshed by their Sunday 8
rest
Street and Sewer Director w. A. Pratt
testified to the position OF the railrosd
tracks. He said that the line Of the city
Of Wilmington went up the center line
between the east and ,wsstbound tracks
and not in the middle Of the railroads
right Of way.
w. s. Tsnguy WAS called to testify
TO the condition OF the crossing in 1893.
but Mr. Hilles objscted on the ground
that Mr.. Bird hao already called seven
men to testify to tbs same fact. and that
that was the Limit This objection was
sustained by the court and Mr.. Tsnguy
left the stand.
Mr.. Bird asked that the jurors be al
lowed to 60 out to Concord pike crossing
and view it and its surroundings either
by night OF by dsy, preferably day. He
wished them TO 60 unaccompAnisd by
anyone ssvo the sheriff
Mr. Hilles said that he sad Mr..
Churchman had thought Of making the
same request. After full consideration
they came to the conclusion that, on the
strength Of a ruling made In the Parvls
caEe, it would be unWise to ask for 1t,
for In tho Parvis case, 1t WAS ruled that
the place and surroundings, at the time
Of the Visits Of the jurors, must be In the
same condition that they were at the
time of the accident.
After comforting, the judges dscijsd to
allow the visit to be made. The jurors
conferred among themselves and decided
that thev would prefer to visit the place
In daytime The matter Of tins wRn
left to them.
John Guthrie, 8. Reed and Bepja
min Atwell we're prevented from testify
ing, Mr. Hilles objscting and being
sustained by the court. Mr.. Bird then
rested.
Mr.. hillss recalled Civil Engineer
Carswell and then Mr. Bird began object
ing. He did It so ehsotuslly that Mr..
Csrswell left the stand like Mr.. Tanguy
and others without having an
opportunity to opsn his mouth.
George Garrett was recalled and asked
II he saw freight train pass Just before
the express passed west Mr.. Bird OBJ
jected, on the ground that Garrett had
already testified that be neither looked
nor listened and saw nothing. This OBJ.
lection wss overruled and Garrett said
that he did not see the freight. but would
certainly have done So had it passed
Further than that, he did not hear
Watehman Gamble shout Mrs. Mary Z
Legg and Mrs Beatty and others we're
recalled and gave similar testimony.
Beth sides closed at IL o'clock aud each
was given an hour In which to argue tc
the jury After the reading Of prayers
and citation of authorities. argument
followed and lasted until recess. The
charge will probably be delivered this
afternoon.
1t is understood that II the jury
renders q verdict for the plalrtih ia this
case Mr. Hilles will Immediately process I'd
to push the damage case OF Lyttle's rela
tivss VS. the company. which has already
settled With the relatives Of Miss Car
penter, who was killed at the saSae time
and place.