Evening journal., 1896-01-03


s25. the shafts and some Of the straps
being broken.
The horse plunged out Of the hole
dragging the carriage with 1t and be led
it away. Afterwards he drove to Fourth
and Madison streets ana thence home
He had often lost time At the market,
the pains compelling him TO 60 home,
but he could not remember being away
on any market day. he had no idea OF
giving up his business on acrount Of the
pains
Mrs Wilkins testified to the condition
and sufferings Of her husband at. the time
OF the accident and since, aud to the
statements made by him to her regarding
the mishap She said that he had com
plsineo continuously since and had used
many liniments He never complained
of weakness In his back before the
accident
Mrs. Hannah Parker, who lives next to
the wilkins family, testified that
wilkins came home and said that be
thought that his back was broken. She
had also heard him complain since.
Misc Lena Klein testified that wilkins
looked like suffering man. Anybody
could zee that he had great pain.
Miss Louisa Hamilton gave similar
testimony and Mr. Bird closed bis case
Ten Dollars for Contempt.
Just before Mr.. Hsrman began his
opening address to the Jury, Deputy
Sheriff Rltledge brought In John Lemon,
bother, for whom an attachment had
been issued at the instance Of Mr.. Bird
for failure to appear rs a witness.
The court called upon Lemon for an
explanation OF his conduct. He replied
that Mr. darman had told him he need
not come until 80 o'clock This state
meut was corroborated by Mr. Harman,
who claimed Lemon as his witness aud
said that he did not know that Mr.. Bird
had anything to do with him
Mr.. Bird replied that he had had
Lemon summoned Yesterday be told
him to be At court this morning Lemon
told him be had his horses TO feed and
would not be there.
The court esid that the process Of the
court must be obeyed and fned Lemon
$40 and costs.
City Solicitors Opening.
Ia bis opening City Solicitor
Harmon eaid he would show that
the accident was due 20
the plaintiffs negligence The hole had
been properly filed In, the orders to that
effect having been issued by the Street
aud Sewer Department. K Employees OF the
city had found the place all right on the
night OF the accident He would show
that the plaintiff had said that
there was light over the manhole. The
earth WAS properly rammed, but on
account OF the mAnhole 10 the middle II
was impossible to ram Il AS hard
as holes without manholes On
the night OF the accident there
had been a hard rain aud the water
had softened the earth IL WAS not the
pipe below ground which caused the
washout
A large cement model Of Pennsylvania
avenue aud Broome street WAS brought
In and put on table. together
with small tin horse and
wagon, the model having been made
to correspond With the wagon This
exhibit created soms laughter, especially
when the white horse blue aud red
wagon and little tin man we're trotted
out by Mr. Knowles
I Chalkley Hatton engineer In charge
of sewers, took the stand II explained
the scale of the model, aud was exempt.
Tying plot Of the manhole when court
| took \ recess
William M. Byrne was permitted "a
withdraw his name from the record AZ
attorney for the plaintiff In the case OF
the National Cash Register Company VS.
/ William Toy.