Delaware gazette and state journal., 1896-01-09

manhole at Pennsvlvanla avenue and
Broome street. He said the pipe was
about IL feet under ground at that
point and that it had been left exposed,
which was wrong. The Court would
not allow his opinion on that point.
He said he had been asked to come
here and testify for the city.
He was examined by Mr..
Knowles. He said he finished the man
hole two or three weeks before the acci
dent. He admitted that the filling in
shout the manhole was properly done,
az well done as at other places where
manholes were constructed.
lie denied that he had been told by
any city official to ram the earth care
fully around the manhole, but he said
that it was rammed right. lie denied
that he did tho filling in, but said he
was present when it was being done.
He was paid for staying there, he
said; twas, indeed, sort Of figure
head, like many of the city officials. -
He said he mado mistake in not
plugging up one OF the connections to
the manhole.
John Doran was called TO the stand
and sworn, but before he gave any
testimony court adjourned until 10
o'clock Friday morning.
When court reconvened Mr. Doran
went on the stand and testified to
tho condition OF tho hole at Pcnnsyl-
vania avenue and Broome streets the
morning after the accident. He said
the hole was 10 or II inches deep and
about 6 feet in diameter. He testified
that he came as witness against hia
will, He had been a sewer inspector
for the city.
Unon cross examination by Mr.
Knowles, Doran said that in the Sep
tember following the accident he had
boon told that his services would be
no longer required. He declared that
he did not know that he was dis
charged for cause.
Upon redirect examination he said
that Pennsylvania ia avenue was perfectly
clear the night before the accident.
Peter /. Chappel, who had worked
for Contractor Jacoby, testified that
no work was done on Pennsylvania
avenue after he went to work on the
Broome street sewer. 1t was his duty
to put up lights at night. The night
before the accident he put a light is
to 20 feet from the man hole, He hung
| the light from IA pole across Broome
street. He stepped off the distance Fri
day morning from the man hole to the
place he hung the light.
"Did you put any light Of any dc.
scrlption about the man hole?" asked
| Mr.. Bird.
"No, | had no orders to. z"
"Did you put a guard of any kind
about the man holo?"
"No, there was no need of it.
The morning after the accident the
/ kAt, hort,Ia ha hrln vttao uhpttf 1G
to Is inches deep in its deepest part.
1t was about 9 feet wide. He saw
wheel tracks there. Ho thought the
hole hadn't been rammed properly. He
filled it up after the accident, putting
in several wheel barrow loads OF earth.
Upon ross.examination he said that
he filled up the hole under authority
from Mr.. Hawkins. He did not re-
member having seen any marks OF
horse's hoofs about the hole. He had
had trouble with Doran, but had nc
grudge against the city
Mr.. Bird brought out on redirect ex
animation that he got the earth to fill
the hole, from the Jersey" side of
Broome street.
DIR. John P. Wales, who was Wick
EMS physician, told the story that
Wilckens had given him. Wickens sait
his back was wrenched by being
thrown out. He prescribed for him.
In answer to Mr.. Harman, DIR. Wales
said that Wilckens walked to his Office
and walked away. He never went Il
see him on account of the accident.
Howard Wickens, years old, son o.
the plaintiff, was put upon the stand
In reply to Chief Justice Lore as t
what would happen to him if he told :
lie, he said he would go to the bad man
He told the story of the accident. lie
said he saw light on Broome street
but no other light. When the acciden
occurred he was thrown out. Hi
father afterwards took him to house
AT the time of the accident he wal
trying to get out the gum blanket L
keep out the rain, but it wasn't rain
ing, and he did it, he said, Just for fun
When Mr. Harman asked him if any
one had talked to him about the case
he said some ono had on the othel
side of the street. meaning in Mr.
Birds Office. lie pointed at Mr.. Birt
as the "young man" who spoke to him
Judge Lore said that was quite a com
pliment.
Mr.. Bird questioned the child about
the interview in his office in order t.
show that nothing improper was said
The Court, however, declared it to b,
unnecessary, that it believed Mr.
Bird would do nothing wrong
, Mr.. Wilckens, the plaintiff, was re
called to show the extent of the injur
ies he had received. lie went to worl
next day, having a stall in Secont
street market, but he had shooting
pain in his back. Since the acciden
, no had not been as strong, and h
would not attempt TO do much lifting
If he did the, shooting pain woul'
{ strike him. In damp weather h
, would feel the effects of it. lie ma,
the pain about week ago His hors
. became very shy, and no traded it Off
The horse was worth 500 or Sl25 befor
the accident. 1t was worth about So
t afterwards. Shafts and harness wer
broken, the loss on them being abou
. $50
0 Mrs. Hannah Parker, next doc
D neighbor to Wilckens, swore that h
s complained of his injuries the night c
s the accident, that he said he felt as
Y his hack had been broken. Since the
: he had frequently complained.
5 Mr.. Knowles objected to the admis
9 sion of the testimony as to the late
D complaints. The Court said it was nc
!. admissible. The plaintiff had no righ
> to make a case on his complaints.
t Mr. Bird held that such testimon
n had been admitted in the Johnso
Forge Co. case. But Chief Justit
= Lore said that the man was dead
d that case and could not speak for hin
!. self. In this case the man himself coul
9 testify as TO the full extent of his il
:. juries. What he said to others coul
r not 60 in. -. ,,,;u