Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-03-12

and Sewer Department, corroborated
Engineer Hatton.
President Chambers of tho Street
ana Sewer Department testified that
no never gave orders for the digging OF
| abe trench.
Andrew Moran, John Seeney, colored,
ana James Lewis, colored, who we're
employed in spreading stone upon
Fifth street about the time Of the acct
dent, testified. They said they never
saw trench dug on the sidewalk, and
Vol Francis McCloskey, ex.Street
commissioner, swore that he never
ordered a ditch dug there.
William Wilson, Calvin |. Swayne,
Isaac N, Lenderman and Charles Tin
dali were called by the city to show
that the vicinity of tho accident was
not closely built up at tho time of the
accident. City Solicitor Hartman takes
the ground that the city is not required
10 give as much attention to the out
skirts az to tho built up portions.
D. Newlin Gawthrop, who was presi
dent of the Street and Sewer Directors
at the time of the accident, testified
that he never gave any orders to dig a
trench.
The city took up the medical part of
the testimony, calling DIR. Swithin @.
Chandler to the stand. Having heard
the testimony of Mrs. Seward and DR..
smith, DIR. Chandler testified that the
troubles she complained of were not
necessarily the result of the fall do
scribed.
Mr.. Bird gave DIR. Chandler very
searching cross examination. Mr.. Bird
was not through questioning him when
adjournment was made until Saturday
morning.
: Chief Justice Charles b. Lore was
ON the bench in general sessions court
on Saturday when the application of
christopher Pfrommer for license for
Union Park was taken IN Andrew
y. Gray represented the applicant, and
William S. Prickett, the Law and
Order Society. The license applica,
tion was opposed by several remon.
strances, one from voters and taxpayers
of School district No. 20, one from
residents in the vicinity, one from the
Nj. Il. Preachers Association, general
remonstrance signed by $50 to 300 citi.
zons, and re'nonstrance which alleged
that Pfrommer had not proper hotel
accommodations
Among the remonstrants we're John
II. Tatum. Ashton K. Tatum, S. Rod
mond Smith, Joseph p. Richardson,
bishop Coleman, Bishop Curtis,
Thomas y. Smith, William NJ. Candy,
=. james Belt, job II. jackson, Isaac
7. johnson, the Rev. William Z.
Swartz, Howell $. England, Christie
pher Il. Ward, Clement h. Smyth.
William X. Crosby, and j. A. Nc.
Caulley.
Witness testified that there were not
proper hotel accommodations at the
park.
Mr.. Gray called witnesses in behalf
o. Pfrommer, upon the question of pro.
vision for guests and horses George
M.s,M urray, an employe at Union
Park, testified that there were accom-
modations there for four horses. AS TO
the hotel accommodations the witness
said there were four beds there, che of
which was occupied by Mr.. Pfrommer.
Judge Cullen declared that he did
not think the requirements of the
statute had been complied with. The
sentiment of the court seemed opposed
TO tho application. Chief Justice Lore
was very forcible in his remarks. He
sad he would have to change great
deal TO give license to tho place. 1t
Is menace 10 any welfare. curse TO
any city. TO have place like that out
side of police control. He believed
that almost the universal voice of the
city was against IT.
Judge Cullen held that from com
mon sense view of tho case the place
was not necessary for the accommoda-
tion OF the public. Mr.. Gray had some
witnesses, but the matter was CON
cluded when the Chief Justice an
nounced the refusal of the court to
grant the application.
In the case of Samuel A. McCaulley
and J.. Augustus McCaulley, executors
OF William McCaulley VS.. William N.
Ward, ct al, f. q. Bradford, for the
plaintiffs, moved for judgment not.
affidavit of defence.
Judgment was granted.
William s. Hilles opened the argu-
ment in the case Of Andrew j. Travis
vs. Laura Meredith, which is upon
TO a mechanics lien.
sick juror caused a complication in
superior court business on Monday.
The Seward damage case was to have
continued, but Wilbur +. Wilson of
Newark, who is the foreman of the
Jury, did not appear. Charles b.
Evans who lives in Newark, informed
the court Of Mr.. Wilson'S illness. He
would not be able to come that day and
perhaps not the next. Counsel for
tho city was not willing to 90 on
with II jurymen. The witnesses in tho
case were discharged until yesterday
Meanwhile the Court was ready 70
take up the case of George A. Daniels
VI. the Liebig Manufacturing Co,
which was fixed for Monday. Lewis G.
representing the defendant,
was in favor of drawing tho Jury in the |
there being a special panel.
John Biggs, who, with Levi &. Bird,
represents the plaintiff, was at first
opposed to drawing the jury before the
case was ready for trial.
MIR. Vandegrift wished to know the
reasons, but Mr.. Biggs would not tell |
lhehl. The Court saw no reason an |
pearlng against drawing the Jury. Mr.. |
Biggs wanted until 2. 30 to get his wit. |
nesses here.
The names Of tho special Jurors we're
called. Five jurors were absent or ex-
cused.
The plaintiff challenged Eber Talley.
Edward Woodward and Robert Mother.
AZ: The defence challenged j. Frank
illason, ii. ii. McMullen, and Ira q,
Mclaughlin. Alfred ID. Bird was OK
'uHed on account of age and illness, by
agreement of both sides.
The jury as finally agreed upon is as
follows: Joseph Heisel, foreman James
Mulligan, Joseph Whittocls, Issac
J. Woods, Joseph b. Deakyne, Clinton
5entman, Lewis H. Lyman, Daniel
Bush, Joseph Z. Chandler, William
White, John Nivin and Arthur jackson.
woods is also on the Seward jury.