Evening journal., 1895-12-10
JURORSOUTATCONCORD
They View the Crossing Where
the Fatality Occurred.
TO BE CHARGED THIS AFTERNOON
odessa corn-COb Pipe Manufacturers
Pose as Defendants In an Action Brought
by a Former Employee--The Claim
Amounts to Nearly $500.

bJ Former EmploJee-1he Oiatm
Amounts to Nearly $500.
The csse OF w @ Mart VS.. the
Baltimore and Philadelphia Railroad
Company Is now In the hands of the Jury
This morning the twelve men selected to
try the case went out to the scene Of the
accident in charge Of Bsiliff Fleming, and
viewed the premises. Chief Justice Lore
will deliver the charge Immediately after
court meets this afternoon
Corn-cob Pipe Litigants
Trial of action for work done In 1898
and 1894 was begun Immediately after
the conclusion OF argument aud instr uc-
tions In the Martin case The litigants
were George Maull, plaintiff. represented
by Artemus Smith, and Francis Dugan
and John l. Maull, trading as Dugan &
Maull, defendants, Martin b Burrls
being their attorney.
The substance of Mr. Smiths opening
was that the plaintiff was employed In a
cob pipe factory at Odessa, by the de
PENDANTS, tls agreement being that
be should receive IS week. After
working forty seven weeks without
receiving any remuneration for his
services he demanded payment, and.
upon it being refused. quit work and
went to work into the litigation factory
at Tenth and Market STREETS.
Dagan was pat on the stand He
figured his claim at $423. that sun
representing corn cob pips work for
forty-seven weeks at IS a week, aud
fishing for the frm for three monts at
$l5 month
This morning John L. Maull. one of
the defendants Acknowledged that he
hired the plaintiff He WAS to receive IS
week for operating the engine aud
turning pipes His testimony corrob
Grated that Of the plaintiff. in that he
said that the plaintiff had received no
pay for his services.
Mr. Burris handed TO the witness the
compauy's ledger. II showed an entry Of
$3.50 o account Of the plaintiff, but
Witness could not remember giving credit
for the amount lie said that he never
entered into a contract with his brother
to pay him himself.
Fergus Manchester, who was employed
by the defendant company In 1898
testified that John l.. Maull paid the
employees.
The plaintiff rested and John Markham
Was sworn he said that he was present
in 1891 when the plaintiff end John l..
Maull entered into al agreement to work
the pipe factory, and Aaull was to
rsosivs his brothers wages
Whom Francis Dugen was called be
msds such a vigorous recital In his own
defense that the court had to
admsnlsh him several times 10 modulate
his Voice and at last covert but effective
threats were rssorted TO. The substance
OF his recital was that he hRd paid Maulls
wages to his brother as By agreement.
aud not only that bnt $500 more
After calling Charles II. Workman,
the defendants rested and argument
began There was no charge by the
court
William sprusnce, counsel for the
plaintiff in the case OF the Penn Mutual
Life Insurance Company vs K T..
Warner aud Francis N Buck, made a
motion that the attachment on certain
stock Of the jackson and Sharp Company
be dissolved and IL was granted
Levi O. Bird reported settlement Of the
snit of Mary o Nei,ls, administrators vs..
the B & o Railroad Company.
Bender and II is shortage.
After several challenges Jury was
drawn to try the case Of William Q.
Thomas Q and David A Carriek, Jr.,
grading as David CRrrick q Co., of
PhiladslphIs. VS.. Alvan R. Morri-
soH. The plaintiffs were represented
By : Christopher l. Ward, while
Better L. Cooper, Jr., was attorney
for the defendant. The anonnt claimed
in the action on contract Of
surstyship is $450 Al. Morrison
was surety for Samuel B. Bender. az
sgent OF the company, and the com
pany alleges that Bender was an ON p
bszzler, thereby rendering Morrison, his
uncle, liable for the amount Of his
shortage.
Mr.. Ward was making an excellent
ooening address when recsss was
ordered.
A Juror Stricken.
Henry II Appleton, Of Middletown,
one Of the men drawn to serve on toe
second panel Of petit jurors, had a stroke
OF paralysis at his home yesterday morn
ingssnd is In q serious condition. BE