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

Mr.. Bro declared, Oh tno otuor manu-
that he had told Lemon to come in
the morning, but Lemon said he
wouldn't come, as he had his horses to
feed.
Judge Lore said witnesses must come
when summoned, and he imposed a
fine of $40 and costs on Lemon for con-
tempt of court
The defence produced miniature re-
production Of the scene of the accident,
with toy wagon and man to represent
plaintiff and his team. City Engineer
Hatton testified that it was made upon
scale of 4-5 of an inch to the foot,
and it was offered in evidence.
Court took a recess until .. 30 O'Clock.
The hearing Of the case was resumed
in the afternoon.
The Court ruled that testimony as
to the way the earth was rammed
around the manhole was admissible.
Engineer Hatton said hard ramming of
the earth would Put the bricks of the
manhole out of place. The same earth
was used in filling as had been taken
from the hole. No water was used.
1t had been testified by Fielding that
a certain pipe was connected with the
manhole. Mr.. Hatton said that no
such pipe was there. He stated that
he had told Fielding to- be especially
careful in the work at the manhole.
In regard to the condition Of the man
hole Mr., Hatton said he had driven and
walked in that vicinity and there was
no danger.
Taking up the question of rain fall
| Mr.. Harman asked the witness what
would be an average rain fall in this
climate. He said one inch an hour
would be heavy rain fall. Two or
more inches an hour would be an extra
ordinary rain fall.
The records Of the rain fall were pro-
duced and ii was shown that in six
minutes on the night OF June 3Oth,
| 1893, there was a rain fall of thirty-two
| hundredths of an inch.
On cross examination Mr.. Bird had
the witness explain the miniature
again.
In reply to a question the witness
sand there were 3l2 manholes in the
city. Mr.. Bird went into great detail
concerning the r.anhole. The rain beat
down the top of the earth beside the
manhole, 1t was necessary to turn
water across Pennsylvania avenne on
account of improvement to the street.
The water ran over the manhole.
James L. Hawkins, who worked for
Contractor Jacoby, testified that on
June 10th, 1893, they went to work at
Pennsylvania avenue and Broome street
to construct sewer along Broome
street towards Eighth. Mr.. Hawkins
went to work on the miniature and
put up pile of sand to represent tho
earth from the excavation. Upon this
he placed two sticks and small red bits
to represent the red lamps. The lamps
were placed there the night of the ac-
cident. The next day be heard of the
accident but saw no indication of the
accident. The depression. ut the man
hole was four or five inches. Mr..
Hawkins denied that he ordered Chap
pell to fill in the hole. He declared
that Chappel was not around that part
of the work. Chappell had nothing
whatever to do with the lights at that
point.
On cross examination Mr.. Bird tried
to mako the witness say he did moi
believe the plaintiff had any accident.
Mr.. Hawkins said he did not believe
the accident occurred at the manhole.
Mahlon Belts, clerk Of the Registry
Bureau, testified that he made a record
of the rain fall of June 30th, 1893. Ii
was .32 Of an inch in six minutes. The
record book was offered in evidence.
John Crawford, colored, testified that
he was working for John Jacoby al
Pennsylvania avenue and Broome street.
After the other men quit work it was
his duty to put up the lights. He in.
dicated on the miniature how the
lights were fixed. Chappell had nothing
to do with the lights.
About November Goth, last year, ht
said, WilGkenH came to Hee him.
Wilckens asked him il he saw hole
about the manholo and tried to make
!. him remember, hut witness did not re
member. Wilckens also said to hin
that the lamp shone right down on thu
hole so that be could not see tho hole.
The witness underwent severe cross
examination. He stuck TO the time
and the certainty Of his knowledge
although he was rather vague as to the
reason that made him remember. Upor
redirect examination Crawford sale
he heard of tho accident next morning
and that fixed it in his mind.
Court adjourned until 10 O'Clock Sat
urday morning.
William II. johnson acts as road com
missioner OF Pencader hundred, but ht
is alleged not to have been legally
elected. In superior court Saturda,
, morning Medford II. Cahoon and Harr.
Whitelnan applied for a rule for John
son to show cause why he should not b'
removed from the position. They con
tend that he was not legally elected a
the November election. At that tint
| johnson was the Democratic and Georg
, y. Bratton the Republican candidat,
for the road commissionersnip Brat
, toms friends claim that be polled tn
larger vote, but owing TO a mistake il
/ the count no certificate of election wa
. given. johnson has however, filled
| the office.
, Tho court granted the rule and it wa
made returnable tho following Wednes
0 day.
D The Wilckens damage case was thel
0 resumed, with John Lemon as the frs
[ witness. He had been a foreman fo
Contractor Jacoby. He testified t
r the excavation for the Broome stree
o sewer, saying it extended eight or min
4 feet into Pennsylvania avenue. Ii
{ stated that he ordered Crawford TO pu
n np lights. The witness showed tn
position of the lights and the barrier
on the miniature of the vicinity, whic
r is paying such leading part in tn
It case. The morning after the acciden
t he was in the vicinity and the lamp
were still burning.
v The city sprung another star witnes
d in the person Of Ferdinand @. ID. Kay
Q who now holds a clerical position j
N the Pullman company's Office, but VIII
i is a machinist and instrument maker
d and who, for the last 2l months ha
l. been the local observer for the Unite
d States Weather Bureau. He sends t
the bureau periodical reports of an
4 | ibnk NAV oppttr IIa hu