Evening journal., 1896-01-16
A NON-SUIT GRANTED.
Wright Fared Badly in Super
ior Court To-day.
he HAS ENTERED ANOTHER SUIT


Detective vandsgrift swsrs That wright
Signed an Absoluts Release fer the Con-
sideration Of sIe.75-Other Side Con-
tend That It is EorEerS-The Case VIII
BE Tried Again.
The Wilmington City Railway Company
is making e strenuous effort to exonerats
itself in tho eyes Of the jury Of rsspousi-
bility for the osnditisn Of sx- MotOrman
john w. Whght's right arm Mr.
Ssulabury continued piling up a defense
for the company yesterday afternoon and
this morning
"The frog was not loose In the way In
which Wright described 1t. said Peter
Wsitey. one Of tho track men. "A man
could not possibly move 1t with his
foot "
Wright never told ma that the track
on the bridge WAS In bad condition. p"
said Assistant Track Foreman John a.
Jones
i attended Wright in TJuly and
August, 1894" said Dr. William O.
Pierce, the next witness His sack was
injured, but he complained OF an injury
sustained prior to the one fer which l
WAS treating him should have
attended Wright on the norning that he
was hurt on the bridge but another
ply sciRn arrived before me and dressed
the arm and 1 retired. In my opinien
Eriessons disease, which Is an ifflction
Of tho spine, can be cured more readily
from an injury to the back than from an
lpjury to the arm.
4 treated Wright for an injury to the
back In May 1898. " said DR., Jakss
(which would bs tbs most likely to
causs Ericsson's disease. an Injury to
the back or one to the foresrmY' asked
Mr. Saulsbury.
81 will answer that question by asking
anot her" replied the doctor. (which
would ke the 10 ost likely to black a man's
eye. hitting him in the eye or on the
back Of the hssd2'
DR.. Shortlidge. sworn. said he found
Wright OveBsnEitiVs about bis. arm
Wright fquirnsd and Rroaned whenever
he touched the arm. AS q test, he
tsuchsd the arm When Wright was not
looking aud II did not have tbs same
effect BE did this to see whether
Wright was shanminE. In his opinion,
the forcs OF the blow, no matter whether
is was on the back or arm. had much to
do with sauslng Erlcssons disease
Lewis B Morrow aud William p Hen
erickson gave testimony regarding the
joltinE Of the car when passing over the
bridge
II bslpsd Wright to move in Fsbcu-
ary. 1895, said Harry Simpsrs plain
tif helped Ia ho,moving, sud assisted me
In carrying out q stove Weighing 400
pounds. We carried 1t cut Of the house
and put 1t In a wagon, and, later, 1t aud
some other goods we're carried up fight
OF stairs l noticed no diffsrsnos Bat Tesn
Wright's right and lsfs haRd he di6
as much wsrk as anyone else, aud
threatened TO who me and another man.
Under crosEexamiuation Witnsss said
that at present he lived in PailadslphiA
aud came TO WILMINGTON for the exprssg
purpose OF tsstifying.
Mr.. Cooper-"HlVs you not stated
that you were being paid for tsstifyinE
10 this caSe2'
and It WAS sustained At that juneture
court adjourned until thiE norning.
This morning the case came to a
sudden termination, the plaintiff being
non tuitsd.
Mr. Salisbury called Joseph SAlters to
the stand He testified that Wright, at
the time be moved, handled heavy goods
with both hands, and Wents d to fight
both him and Simpsrs, who were helping.
Detective Harvey B Yandcgrift sue
cotSed 10 the stand. Ho tald that be
was general claim agent fer the company.
F3Mr Salisbury haudeo him 3 paper and
asked him II be recognized it M Vanl
dsgrift replied that he did. It was a
release from all liability alleged to bsvo
been signed by Wright and witnessed BY
Horace B Wood Witness said that the
consideration for the release WAS $ll IS
Then a question arose as to whether
the plRintia could put Ia evidence going
to Rhow that tia release was procured by
fraud or that Wright had nsvsr signed it,.
Mr.. ssulsbury strenuOusly opposed
nush action.
Lawyers for the plaintiff oOntsnded
that the signature to the release was q
forgery, and that under tho general issue
everything was put IN.
The conrt decided that tbs plaintiff
would have no right to put In evidences
Of fraud because OF the fact that he had
not specially pleaded that fact
Chief Justice Lore directed the jury to
fud q verdict for chs defendant. When
the name Of tbs plaintiff was called he
refused to answer aud not-suit was
granted
Messrs Cooper and Smith have already
begun suit again. but the case will not
be triad until Rt the february or Nay
teral, as court will adjourn without day
to morrow after tho city milk cases have
been argued