Evening journal., 1896-01-03
TOWNSEND WINNER.
Churchman Won His Case
Against the Commonwealth.
WILKINS CASE NOW BEING TRIED


Figure-head and That His Negligence
Resulted In the Accident at PennsyI-
yania Avenue and Broome Streets.
The Superior Court refused TO charge
the Jury to return a verdict for the
defendant ia the case Of Townsend VS.
the Common wealth Beneficial Association
yesterday afternoon, and as conse-
quencs, Philip . Churchman, who was
Townsends legal re ssentativs, scored a
victory over Willi-in 4. Lyman and
Thomas Davis, who wers attorneys or
the association The case was submitted
without argument After an absence OF
few minutes the jury returned with a
victory OF $l8i % Tor the plaintiff. that
being the full amount Of the claim aud q
vindicatlon for Magistrate Sasse's court,
from which the case was appealed by tbs
defendant association.
William ID. wilkins WAS the central
figure In the next case called BE posed
as the plaintiff and the city as de
fendant The action was to recover for
injuries received on the evening OF
June 80, 1898 Wilkins alleged that his
horse stepped into hole at Pennsylvania
avenue and Broome street, and, In the
struggle that ensued, the plaintiff WAS
thrown out, sustaining severe injuries
II was claimed that the men who built
the sewer filled In the trench Improperly
and that their negligence caused the
accident On the morning succeeding
the accident agents Of the city filed mp
the hole
The opposing counsel we're Levi @
Bird and Andrew e Sanborn for the
plaintiff, and City Solicitor Robert g
Harman and Horace g Knowles for the
city.
Civil Engineer Oarswell sxsmplIfed a
plot Of the place OF accident and its
surroundings.
wilkins. being sworn, stated that he
was Ignorant OF the existence OF the
hole until his horse plunged into IL up
to it's breast. he fell on the horse and
his son. who was With him, was thrown
beneath the carriage. The dirt WAS
soft by reason OF raia which prevailed
earlier In the evening
In answer TO questions propounded by
Mr HarmAn, who conducted the CROSS
b examination. Wilkins said that he did
not see any lights Of EARNING around the
hole, although he did see red light on
Broome street, about fourteen feet from
the hole His boy was fastening one Of
the carriage curtains He admitted that
be was watching him, but denied that he
told John Matthews that there was a
light over the manhole. aud he could not
, see the hole because the lantern cast its
shadow down about It,
Alfred Fielding. an ex employe OF the
Street aud Sewer Department. and the
man who built the manhole. saw the hole
az xs morning aud testified that it was
r six feet wide Ia hls opinion the hole
- was caused by the end Of the pipe In tbs
ground being left open aud the dirt
-, washing through.
10 answer to questions BY NJ KnoWles
be testified that the filling In was
properly done aud that be Was expected
to see that It was properly done
Mr. Kno wles-"W We're you not stationed
there to see that the work WAS done
propery2'
witness-"I wRs paid to stay there"
Only to ay there. nothing else2'
Nothing else I stayed there. As a sort
OF fgure-head, the same as many other
, city employees are
|, la conclusion be stated that his mis-
take was In not having the pipe
blocked
Just before court adjourned until this
morning John Doran was sworn.
Doran testified that he found the hole
. there next morning. IL was about foot
, deep. He saw carriage tracks there
| In reply to a question as to whsther he
. had bsen discharged by the Street aud
, Sewer Department. he replied that he
was notified that there would be no work
I for him after the middle Of September
Peter Chappell, the man whose duty
It was TO hang up the lights of warning.
to e5ti6ed that he put light on Broome
street inside Of the crossing, q distance
Of from eighteen to twenty feet from the
msnhols Next day he vent out there
, and saw this hole. 1t was from six
teen TO eighteen inches deep.
) two feet wide and about four
4 feet long He SAW wheel tracks but
D no hoof marks in the trench Being
ordered to hll It up he did so. and the
work took several wheelbarrow loads Of
dirt When asked II be had any spite
, against the city he answered In the
D negative, but admitted that he had some
trouble with Doran.
, Dr. John p. Wales. wilkins phyaian,
testified that wilkins said that his back
was wrenched by being thrown out and
lhe prescribed for him. Plaintiff walked
3 to his office and walked away and be
3 never called at the house to see him on
p account Of the accident, aud made no
CRITICAL eAAmluhllOu Oh WllhlUdt ~ lnAl
= was not necessary. When asked II be
told wilkins that the injury did not
amount to anything he replied that he
did not remember having done So
Calvin Miles swore that the city
, agents built the maDhole.
. Howard wilkins, 9 years old, who said
that the bad man would get him IL he
told lie, reclted the circumstances OF
his and his fathers tumble from the
carriage, said that there was light on
Brooms street but none at the hole
Mr.. Harman asked him II any one had
> talked to him about the case. He replied
that someone On the other side Of the
Q street hsi done 80. his reference being to
! Mr. Birds Office When asked who 1t
. WAS he indicated Mr.. Bird as the young
{ man This caused laugh and the
1 chief justice told Mr.. Bird that he should
appreciate the compliment.
Mr. Bird wanted to question the boy as
to what was said to him at the Office but
the court said that It was unnecessary. II
being convinced that there Was nothing