Evening journal., 1896-12-14
AND X-RAYS
Brought Into Court To-day in
the Ewing Damage Case.
CITY HAS A MEDICAL EXPERT
PROFESSOR OF JOHNS HOPKINS
UNIVERSITY IN CONSULTATION
IN THE CROSS-EXAMINATION
OF DIR. MORGAN-FIvE LAW
YERS IN THE CASE.


YERS IN THE CASE.
There was a breezy time at the
Court House this morning. when SUI
perlor Court resumed the trial Of the
Ewing case against Mayor and Coun-
cll' Tor damages for falling into an
open gutter
Lilburn Chandler, for the plaintiff.
associated with him William S. Hilles.
and they filed the amendments to their
narr alleging the negligence on the part
or the city. Counsel for defence asked
time to review. Pending this review
Superior Court business was taken up.
Willard Salisbury asked for a con-
tinuance for a reasonable time this
term Of the case of Addie Ferguson VS..
Rachel M. Oldham ct al, Messrs. dilles
and Byrne for the paintiff Mr.. Byrne
agreed on the grounds that the case
was in prospect of settlement and
would in all probability never be
brought to trial.
Juror Richard l.. Naudain was ex-
cused from attendance at court to-day
on account of illness in his family.
Philip Q. Churchman, representing
the Norfolk Lumber Company, in its
suit against William Simmons, stated
his Willingness to try the case to-mor-
row, and believing that the case would
be taken up he had summoned wit
nesses from Virginia. H. II. Ward, for
eX-Sheriff Simmons, was not quite
ready and asked for conference be-
tween counsel to arrange to-day for a
continuance.
CITY PLEADS FOR CONTINUANCE.
City Solicitor Harman and ex-City
Solicitor Elliott, for the city, objected
to the amended narr being acceped by
the court unless they were granted Il
continuance until next term, plaintiff
to pay the COSTS They argued that
the affidavit changed the issue and
they were not prepared to meet it. Mr..
Hillss argued that in the city's char
ter it is held liable for all negligence
and the court sustained him and re-
fused a continuance.
Defence then made an effort to in
troduce an affidavit setting forth that
Mrs. Ewing is not now a resident Of
Wilmington, having removed to Alex
andria, Va, and must Immediately
enter security for costs. The court re-
fused to admit the affidavit, as court is
now in the midst of trial
SKELETONS AND PHOTOGRAPHS
Dr. ]. II. Morgan was recalled for
cross-examination by Mr.. Knowles. He
brought on the stand with him a num-
ber of X-ray photographs and the lower
extremity of a skeleton. The skeleton
leg and foot were used for illustration,
but the blue-prints were withdrawn.
DR.. Morgan swore that he had made
a special study OF the X-ray science,
and had made sixty or seventy expert
ments, principally in his interest in the
High School experimental labratory
He considered Mrs. Ewing's ankle was
abnormal, showing ostitis, a disease OF
the bone, due to a sudden jar that
forced the bones of ankle and heel to-
gether TO sustain an impact weight Of
100 pounds.
DR.. Jones, of Johns Hopkins Univer-
sity, an expert engaged by the city,
coached Messrs. Knowles and Elliott
in the cross-examination Of DR.. Nor
gan.
w. j. Hall testified that he had fire.
quently passed over the gutter plate in
question, and had noticed the plate
parted in the middle for the space of
one to four inches. He had tripped
over il and twice pushed the parted
plates together. COrrOborative testi-
mony was given by Francis J. Taylor,
James Saunders and Philemma Chan
der
James T. Chandler was not a star
witness for the plaintiff because he
stated that the gutter was in good and
passable condition until December 19
when this accident occurred.
Court took a recess until 2.30 while
Philemma Chandler was undergoing
eross-examination by Mr.. Knowles.
During the morning there were five
judges on the bench, Chancellor Mich
olson and Judge Ball having come in as
| guests.