Evening journal., 1896-03-06
DEFENSE HAS RESTED.
City Endeavoring to Prove
That it Is Not Liable.
MANY WITNESSES ON THE LsTAED

Great Variance in the Statements Re-
KardIng the Character OF the Trench
Mrs. Seward Describes Her Ailments.
MIR. Knowles Declares That He :wnI
Prove That They Did Not Result From
the Fall.
Hearing OF testimony for the plaintiff
In the case OF Seward versus the city Of
Wilmington was continued in the Su-
perior Court yesterday afternoon.
Harry A. BAresford. Mrs. Mary DEM.
Charles Higgins. William L. Wilson,
Mrs. James Brown, John w. Mesrn,
Mrs Roberts aud Mrs. Rsbecca Emerson
testified TO the existencs OF the trench
for several months prior to the accident
to Mrs Seward Wilson said that be
had complained Of 1t to the Street and
Sewer Directors, and particularly to
President Gawthrop
Mrs. Seward. the plaintiff. described
the injuries she sustained by falling into
the trench. They resulted In kidney
trouble, and the pain In the back bas
been continuous, her loss In flesh
amounting to twenty i've pounds. She
has been under doctors care sver since
Before her fall she made $40 week At
dressmaking. Since then her earnings
have been reduced to 81
Mrs. Annie Cross, Miss Florence
Seward. Mrs Denn, Mrs Sallie Barker,
Mrs. Ella Emmons. Mr.. Seward, Mrs
Eunity Ross and Mark Sheldon testified
to the bad condition OF the plaintiffs
health since the accident.
This morning DR.. Joseph r Smith
testified that be was called to attend Mrs
Seward on May 10. 1898, and found that
she WAS suffering with severe pains In
the back and bruises on the knee. Her
condition demanded daily attention for
several weeks. She was. in his opinion, a
confirmed invalid. he said he had called
at the house once or twice week ever
since his daily attendance ceased.
Cross examined by Mr.. Knowles, the
doctor said that Mrs Seward was suffer
ing from acute congestion Of the kidneys
caused by the fall.
Mr.. Bird then rested and Mr. Knowles
opened for the defense. Ho began to
read the declaration of the plaintiff but
was stopped by the court, Mr.
and said that be and his colleague
ercised any control over the spot in
question; that It's servants did not dig
the trench and knew nothing about It (:
that the gully was caused by water how
ing from the vacant lot owned By Mrs
McMonigal: that It would be impossible
and improbable thst Mrs Seward sus
tained the njurles she described from the
fall on that sidewalk
E-ofpaars Haitian Of the and
Sewer Department, who has charge OF
sewers, was the first witness called In the
clty's behalf. He presented and ex
empliied plan Of the ground at Fifth
and Harrison streets and nearby.
Mr. Knowles then produced a profile
drawing showing The slope Of the Nc
Monigle lot
Mr.. Bird objected TO its admission on
the ground Of immateriality. II the city
had knowledge Of the defect 1t was
liable
Mr.. Knowles said that the city wished
TO show by II that the flowing water cut
the trench, the other side having at
tempted to prove that IL was the work Of
the clty's duly authorized agents.
The court ruled out the profile, saying
that It did not matter how the trench
was made 80 long as the city ignored a
positive or constructive, notice that the
dsneerousi place existed and failed TO
repair II.
An exception was noted
Mr. Hstton stated that the condition
Of the sidewalk was practically the same
in 1898 as II had been for several years
Henry l. Garel, of Fifth and
Harrison streets, gave testimony
concerning the trench and It's
surroundings. He had seen Immense
volumes of wSter rushing from the
McMonigle lot and scross the sidewalk
Sometimes IL was from eighteen inches
to two feet above the bed Of the street.
Witness saw the stone IN the trench. IL
was from9 five to eight7 feet from the
curb line. IL was q stone covered with a
deposit found on stones In creeks and
other places subject to the action OF
water It protruded from the bed of the
trench but not above the level Of the two
sides.
Mr. Bird-"You have called this a
canon, ditch and a trench-noH what
was III"
ut WAS q wAshout (Lsughtsr.)
The cross examination did not shake
Mr. Gsrsl's testimony.
Miss Margaret Caldwell, OF Fifth and
Harrison streets, sWore that she had
seen persons Of all ages cross the trench,
and had even seen baby car
risges wheeled scross It. The
place WAS properly lighted. She
had passed over the place more at night
than In daytime, and the place could be
seen II a person exercised usual care. She
never saw any particular stone in the
trench.
Court took a recess until 2.30 o'clock
this afternoon
Application for Appraisers.
William F. Kurtz, solicitor for Daniel
Bickts. assignee Of Hilsrius
lC. Balling, made application
a. A. C.o-4 - Chauo.r. -.