Delaware gazette and state journal., 1897-06-03

hlarm 9trlke, looked out tne WINDOW
and saw that the lights were burning
and saw Officer Solomon, the watchman
and several other persons motioning the
iiremen to Cd to the right. The Friend
ship hose wagon crossed safely, the
Phoenix hose wagon tore down part of
the fence and the steamer fell into the
trench. All were coming at rapid
rate OF speed and witness thought
Courtney had lost control of his horses.
Police Officers Everett Rice and John
Solomon testified that the lights were
burning ard that three of them faced
tho bridge. Officer Solomun said ne
heard the alarm strike and told the
watchman to look out for the fire COM
panieH. Tho watchman waved his red
lantern, as did eolored man, and the
policeman waved his helmet aud baton
motioning for the driver to go to the
riehr. The animals SHE'D at the ex-
cavation, and the engine toppled over
and fell into the trench pulling the
horses after it.
William j. McGunnigle. driver of
the Friendship engine. testified that he
drove his engine on the night Of the
accident. He went down King street
and was near the Twelfth street cross
ing when the Phoenix engine came out
of the house. They were leas than 60
feet apart Between Twelfth and Tnir-
teenth streets the Friendship team had
caught up to the Phoenix engine and
both were going at their utmost speed,
when McGunnigle remembered the ex-
oavation and began to pull up his
horses Courtney, however, did not
check the speed of his horses Mr..
McGunniele said the horses of the
Phoenix engine went faster that night
than he ever saw Them go before.
Terrence Mullin testified tbat some
time before the accident he was talk
ing to Courtney near whore the work
was in progress, and that Courtney GER
tainly knew the street was dug up.
Joseph Pierce testified that the en-
gines we're going at a fearful rate of
spaed and Bernard Donohue testified
that the lights we're burning when he
left the place at night to 90 home from
work. Court then took recess until
$50 o'clock.
The following special jurymen were
this morning empanelled to select a
jury to try the case of John McNally
vs. The Delaware Iron Co., which is
set for. trial on Thursday, June 10th.
James NJ. Bryan. Wilmington hundred !;
William Derrickson ana Curtis NJ.
Talley, Brandywine; Richard Bonsall,
John W. Dennison, William Is. Nor.
rison and Reuben Satterthwait, Mill
Creek: Rufus Stewart and Thomas
Hawthorn, White Clay Creek; William
Deakyne, William Nickery and David
". Elkinton, New Castle; Harry L.
Dayett and Nehemiah 7. Davis, PEN
Hnia
and W. M. Householder, Red Lion I:
John W. Carrow, Jr., st. Georges /;
and Thomas Maloney, Appoquinimink.
William D. Wilson's name was drawn,
but he has removed from the county
suffice.
In the afternoon all tho testimony
in the case of Oliver Ii. Courtney's ad-
ministrator vs. the Mayor and Council
of Wilmington was concluded. l.. Il.
Sheldon, motorman on the Riverview
line OF the Wilmington City Electric
Co. testified that on the night OF the
accident he stopped his car JUST north
of the excavation. lie saw the hose
wagon strike the fence and afterwards
puN thu obBihO 1ppPiu ihto tho bSCdfh-
tion. The horses were coming at a
rapid rate Of speed when the accident
occurred.
Mr.. Hllles recalled Driver James
Patterson. John McCracken, William
Walker and John Sherry.
The remainder Of the afternoon was
consumed in arguments Of points Of
law and yesterday morning was devoted
to addresses to the jury by counsel on
both Sides
4. Bayard Heisel opened for the
plaintiff and was followed by L. X.
Cochran. Jr., who is associated with
City Solicitor Harman. The latter con.
oluded the case for the city and was
followed by w. S. Hilles for the
plaintiff. The latter concluded at 12. 45
o'clock and court then took recess
until 2.30 when the jury was charged.