Evening journal., 1896-03-05
SEWARD CASE HUMMING
Mr.. Bird Trying to Show That
the City Dug the Trench.
no DECTaIOg WAS RENDERED


She Said His Awkwarkness was Re-
sponsibie for Her FaII-Question Of
oonstitutionallty Not Properly Raised.
All the argument on the question OF
the Constitutlonality OF the statute upon
which the city relies for its defen SO In
the Seward case came to naught, 80 far
as an immediate decision was concerned,
for this morning In the Superior Court.
| Judge Cullen, who presided. Announced
that the court would not render q deci-
sion, the question not having been prop
erly raised. The court desired the record
to be correct.
City Solicitor Herman Immediately
withdrew hls obi ction 10 the question
which Mr. BIRD had asked the witness
Ballard. and Ballard resumed his place on
the stand. In direct examination he
said that the trench into which Mrs.
Seward fell was deep enough to be dan
/ geroue and he had turned out into the
street TO keep from passing over it. III
bis opinion the trench was made to carry
of the water. II had the appearance Of
having been dug out. In cross examine
tion be admitted that he had never seen
anyone digging the trench
Mr.. Bird recalled him and elcted tho
information that the trench was there In
the Fall OF 1892 and remained there
until the time that Mrs Seward fell Into
II on May l5 1898 He only knew OF the
accident by current report
Mrs Seward. the plaintiff, then took
the stand. Her enfeebled condition com
PEELED her TO sit while testifying. She
/ said:
''In May, 1898. lived at No. 42f East
II 49, -
/ WAS going Co. No 1917 West Fifth
street 10 ft dress for Mrs. Denn. Ny
husband was with me. / did not know
anything about the condition OF the
sidewalk, never having been on the
block before. l fell Il lt With my left limh
that excavation. Ny husband picked
me up and helped me to Mrs. Denn's,
I was taken with deathly sickness and
asked Mrs. Denn to give me glass Of
water She brought it and l felt i'm
proved. My husband helped me home.
and next evening was seized with VIC
lent pains across the back.
Mr. Knowles cross-examined her. She
said that It was raining, but not pour
Ing She was carrying bundle la her
hand It contained a waist. She could
not say whether her husband carried an
umbrella; she did not AS TO the width
or depth OF the excavation she could not
say. At the tine OF the fall she might
have been foot or a foot aud half
from her husband.
They were not walking rapidly, but
exercising due care. She had not hold OF
her husbands arm; neither did she
accuse her husband Of being awkward
and pushing her down They we're not
L quarreling OF talking In a loud tone Of
voice She attempted to &c the dress at
the Denn house, and afterwards went
back on the same side OF the street.
When they approached the place her
husband told her to be careful He
lighted matches In order to see the hole
che had fallen into She told Mrs. Denu
that she stepped In the hole and fell on
stone, aud not that she trlpped on the
stone and fell In the hole Afterwards.
William r. Seward. her husband. vas
sworn His story agreed with that of
his wife In all essential particulars. he
SAID he carried an umbrella The ground
was made soft by the rain. he was
walking foot aud half or two feet
from his wife. He was about three or
four feet from ths curb He might have
stepped IN the trench at his end but he
did not notice H. Il being only three or
four inches deep at the point at which he
crossed It.
81 might have had an idea Of bringing
a suit against the city when / went out
to look at the trench next day, he said.
81 wanted to make sure before l went
any farther. Ny wife might have said
that my awkwardnegs caused her to fall,
but do not remember IL. We were not
talking loudly OF angrlly about It.
Mrs Mary ] McMonigle, Of Philadel-
phia, owner OF the lot fronting on the
sidewalk at Fifth and Harrison streets.
was sworn. Mr.. Bird asked her II she
had ordered any excavation to be made.
Mr. Harmsn objected on the ground Of
irrelevancy.
Mr.. Bird said that be proposed to fol
low It up BY proving that the city men
we're there opening the trench.
The court ruled the question out and
Mr. Bird had an exception noted.
| Mrs McMonigle said 10 conclusion that
she did not know that the excavation
was there
Mr.. Knowles asked her II she had been
notified to pave In front Of OF her prop
erty.
This was ruled out, but not until the
witness had given a negative answer.
Theodore Hopkins, a letter-carrier
whoss route took him to Fifth and HAr
rlson streets testified that there was
trench there dug out by the city 1t was
ten to twelve inches deep and two feet
wide. He saw three men working there
with big shovels That was Ia the
Summer Of 1899, aud the condition ex
listed until after the accident BE had
got In the trench and washed his rubber
boots.
On cross.exaninatlon witness described
the three men who dug the trench away
back In 1892
30 you know Of your own positive
knowledge that the men who dug the
trench we're city msng" ssked Mr.. Harman.
Il do"
Mr.. Harman reminded him that he was
under oath and that to bear false witt
ness would DO perjury.
Mr.. Bird protested against his wit
nefs being badgered, and there was q
lively tilt between HIM and Mr. Harmsng
Under redirect examination witness
said that he afterwards saw one OF the
men carving his shovel into the city
I = Z